FCC Web Documents citing 90.767

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

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  • of the population of the EA-based service area within five years of the grant of their initial license. Alternatively, EA-based licensees may provide substantial service to their markets within five years of the grant of their initial license. Substantial service shall be defined as: ``Service which is sound, favorable, and substantially above a level of mediocre service.'' ***** 4. Section 90.767 is amended to read as follows: § 90.767 Construction and implementation of EA and Regional licenses. (a) An EA or Regional licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance
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  • 20554 In the Matter of ) ) National Rural Telecommunications ) File No. 131693 Cooperative, LLC ) ) Request for Waiver and Consolidation ) Of 220 MHz Construction Requirements ) By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: I. Introduction 1. On February 29, 2000, National Rural Telecommunications Cooperative, LLC (NRTC) filed a request seeking waiver of Sections 90.725, 90.767, and 90.769 of the Commission's rules in order to consolidate the construction (``buildout'') requirements for its various licensed 220 MHz facilities. By this Order, we grant NRTC's waiver request in part and deny it in part, as described below. II. Background 2. NRTC is a non-profit cooperative association composed of rural electric cooperatives, rural telephone systems, and small independent telephone
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  • for Waiver and Consolidation of 220 MHz Construction Requirements ) ) ) ) ) ) Adopted: September 12, 2001 Released: September 13, 2001 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: I. Introduction On August 22, 2000, Intek License Acquisition Corp. (``ILAC'') and its parent company, Securicor Wireless Holdings Inc. (``Securicor''), filed a request seeking waiver of Sections 90.725, 90.767, and 90.769 of the Commission's rules in order to consolidate the various construction requirements for its licensed 220 MHz facilities. By this Order, we grant ILAC's Waiver Request, as described below. II. Background Securicor, through its subsidiaries ILAC and Roamer One, Inc. (``Roamer One''), has acquired 220 MHz spectrum through assignment, lottery, and auction. ILAC's waiver request concerns the construction
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  • LLC, To Provide Band Management Services Utilizing Licenses in the 220-222 MHz Band, filed July 3, 2002. 47 C.F.R. §§ 90.733, 90.725, and 90.769. 47 C.F.R. § 90.733. Access 220 also requests that any waiver relief granted in this proceeding be extended to any future 220-222 MHz licenses it may acquire. 47 C.F.R. §§ 90.725, 90.769. See 47 C.F.R. § 90.767. 47 C.F.R. § 1.1200(a). See generally 47 C.F.R. §§ 1.1200 - 1.1216. See In the Matter of Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, FCC 01-345 (rel. Nov. 29, 2001); see also FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, DA 01-2919 (rel. Dec. 14,
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  • selected from a pre-determined list. Intek Waiver Order, 16 FCC Rcd at 16434. Because the six-year deadline for the two licenses had already passed, the order extended the deadline to 30 days after the order's release, or October 13, 2001. Intek Waiver Order, 16 FCC Rcd at 16435. This interim benchmark requirement has been satisfied. Id. See 47 C.F.R. § 90.767(b). Such a showing would have been required if Access 220's predecessor had planned to make a construction showing under section 90.725, as permitted by the Intek Waiver Order. Because we decide to lift the integration requirement, it is not necessary to address Bizcom's statement that ``the management and allocation of discrete spectrum leases in no way equates to the operation
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  • (``MO&O''). The stations involved in the prior waiver were WPCU 518-545 (Phase I Nationwide); WPOL 329-334 (Phase II Regional); and WPOI 700 (Phase II Nationwide). NRTC also holds two Phase II Economic Area authorizations that were not a part of its prior waiver request (i.e., stations WPOI791 and WPOL328). 47 C.F.R § 90.725. 47 C.F.R. § 90.769. 47 C.F.R. § 90.767. See Request of NRTC, LLC for Waiver and Consolidation of 220 MHz Construction Requirements filed February 29, 2000 (``Waiver Request'') at 8. NRTC Petition at 1. Id. Withdrawal Letter at 1. MO&O at ¶¶4, 5. SAG Petition at 3. Id. at 1-2. Id. 47 C.F.R. § 1.925(c). See also In the Matter of 21st Century Telesis, Inc. for Facilities in
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  • 220 MHZ PHASE II ECONOMIC AREA AND REGIONAL LICENSES FIVE-YEAR CONSTRUCTION REQUIREMENT Comment Date: February 10, 2004 Reply Comment Date: February 20, 2004 On January 12, 2004, Warren C. Havens (Havens) filed a Petition to Waive or Extend the time to construct certain Phase II 220 MHz Economic Area (EA) and Regional licenses for certain channel blocks, specified in Section 90.767 of the Commission's Rules, 47 C.F.R. § 90.767 (Waiver Request). Havens states that a majority of Phase II EA and Regional licensees have five-year construction deadlines in 2004 and requests that the Commission either waive the five-year construction deadline for these licenses or extend the five-year construction deadline by three years. Havens asks that the requested relief be afforded to
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  • interleaved channel pairs separated to enable trunked operations. The Commission also allowed Phase I and Phase II licensees to aggregate contiguous five kilohertz channels to achieve wider channel widths and allowed flexibility in the type of operations allowed (e.g., fixed data operations in addition to mobile applications). To ensure efficient spectrum use, the Commission adopted the construction requirements in Section 90.767(a) of its rules, which requires 220 MHz EA and regional licensees to construct a sufficient number of base stations to provide coverage to at least one-third of the population of their market areas within five years of license issuance and to at least two-thirds of the population within ten years. Additionally, Section 90.769(a) requires that 220 MHz nationwide licensees construct
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  • file numbers 0001874165, 0001874077, 0001873630, and 0001873639. To renew the Phase I Nationwide licenses without requiring a demonstration of substantial service will require the waiver of sections 90.743(a)(1),(b)(1-3), and 90.725(a). To extend the terms of all of Access 220's 220 MHz licenses until September 19, 2019 and eliminate all interim performance requirements will require the waiver of sections 90.743(c), 90.765, 90.767, and 90.769. See Access 220, LLC, Request for Waivers to Provide Band Management Services Utilizing Licenses in the 220-222 MHz Band, Memorandum Opinion and Order, 17 FCC Rcd 20464 (2002). See Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 5299 (2000). The address
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  • License Acquisition Corp., Memorandum Opinion and Order, 16 FCC Rcd 16431 (WTB CWD 2001) (Intek Waiver Order). Specifically, for the two Phase I nationwide licenses, the Intek Waiver Order permitted Intek to satisfy either the remaining six- and ten-year construction requirements set forth in section 90.725 or the remaining construction requirements for Phase II nationwide licenses set forth in section 90.767. Id. at 16434. However, because Intek did not submit a six-year construction showing for the two Phase I nationwide licenses, the Bureau declared in the Access Waiver Order that Access must satisfy the Phase II nationwide construction requirements set forth in section 90.769. Id. at 20473 ¶ 23. Section 90.769 provided at that time that Phase II nationwide licensees must
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  • 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 90 rules state the conditions under which radio communications systems may be licensed and used in the Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio Services.
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  • Date: January 23, 2009 Reply Comment Date: February 9, 2009 By this Public Notice, the Wireless Telecommunications Bureau (Bureau) seeks comment on a request for waiver and extension of time to construct and a request for other rule waivers filed by PTC-220, LLC (PTC-220) for twelve Part 90 220 MHz licenses (Waiver Request). Specifically, PTC-220 requests a waiver of sections 90.767(a) and 90.769(a) of the Commission's rules to extend the ten-year construction deadline for its licenses by five years. In addition, PTC-220 requests a waiver of certain other 220 MHz service rules. PTC-220 is a joint venture of Ekanet, Inc. (a subsidiary of Union Pacific Corporation) and Norfolk Southern Railway Company (a subsidiary of Norfolk Southern Corporation). In June 2008, PTC-220
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  • K Street NW, Suite 802 Washington, DC 20006 Re: Request for Extension of Time to Construct Seven Phase II 220 MHz Licenses Dear Mr. Halley: This letter addresses the above-captioned Request for Extension of Time to Construct (Extension Request), filed on behalf of Access 220, LLC (Access 220) on March 2, 2009, seeking waiver of the construction requirements of section 90.767(a) of the Commission's rules for seven Phase II 220 MHz licenses. Specifically, Access 220 MHz requests a 90-day extension of time until June 20, 2009 to satisfy its 10-year construction requirements for the seven licenses subject to the Extension Request. For the reasons stated below, we grant the Extension Request. Pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission's rules,
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  • K Street NW, Suite 802 Washington, DC 20006 Re: Request for Extension of Time to Construct Seven Phase II 220 MHz Licenses Dear Mr. Halley: This letter addresses the above-captioned Request for Extension of Time to Construct (Extension Request), filed on behalf of Access 220, LLC (Access 220) on March 2, 2009, seeking waiver of the construction requirements of section 90.767(a) of the Commission's rules1for seven Phase II 220 MHz licenses.2Specifically, Access 220 MHz requests a 90-day extension of time until June 20, 2009 to satisfy its 10-year construction requirements for the seven licenses subject to the Extension Request. For the reasons stated below, wegrant the Extension Request. Pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission's rules, Access 220's licenses
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  • 0003634442-48, 0003634450, 0003634452-54, 0003634456, 0003634458, 0003634459, 0003634461, 0003634463, 0003634465, and 0003634466 MEMORANDUM OPINION AND ORDER Adopted: JuNE 25, 2009 Released: June 25, 2009 By the Acting Chief, Wireless Telecommunications Bureau: i. introduction In this Memorandum Opinion and Order, we address a Request for Waivers and Extension (``Waiver Request'') filed by PTC-220, LLC (``PTC-220''). PTC-220 seeks a five-year waiver of Sections 90.767, 90.769, and 90.743 of the Commission's rules and a five-year extension of the construction deadlines for twelve Part 90 220 MHz licenses. PTC-220 also requests a waiver of Section 90.715 (base/mobile configuration requirements), Sections 90.713(a) and 90.717(b) (commercial use restriction), and Section 90.735 (station identification requirement) where relevant. For the reasons set forth below, we grant the Waiver Request to
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  • 0003634433-38, 0003634442-48, 0003634450, 0003634452-54, 0003634456, 0003634458, 0003634459, 0003634461, 0003634463, 0003634465, and 0003634466 MEMORANDUM OPINION AND ORDER ADOPTED: JUNE 25, 2009 RELEASED: JUNE 25, 2009 By the Acting Chief, Wireless Telecommunications Bureau: I. INTRODUCTION 1.In this Memorandum Opinion and Order, we address a Request for Waivers and Extension ("Waiver Request") filed by PTC-220, LLC ("PTC-220").1PTC-220 seeks a five-year waiver of Sections 90.767, 90.769, and 90.743 of the Commission's rules2and a five-year extension of the construction deadlines for twelve Part 90 220 MHz licenses. PTC-220 also requests a waiver of Section 90.715 (base/mobile configuration requirements), Sections 90.713(a) and 90.717(b) (commercial use restriction), and Section 90.735 (station identification requirement) where relevant. For the reasons set forth below, we grant the Waiver Request to the
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  • with respect to 220 MHz licenses under call signs WPOK835, WPOK836, WPOK837, WPOK838, WPOK839, and WPOK840 (``Extension Request''). For the reasons discussed below, we deny the Extension Request, and find that the licenses WPOK835, WPOK836, WPOK837, WPOK838, WPOK839, and WPOK840 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules. Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license. In
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  • requirement with respect to 220 MHz licenses under call signs WPOK835, WPOK836, WPOK837, WPOK838, WPOK839, and WPOK840 ("Extension Request").1For the reasons discussed below, we deny the Extension Request, and find that the licenses WPOK835, WPOK836, WPOK837, WPOK838, WPOK839, and WPOK840 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules.2 Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license.3In the
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  • 2007 request to extend the five-year construction requirement with respect to 220 MHz licenses under call signs WPOI487 and WPOI488 (``Extension Request''). For the reasons discussed below, we deny the Extension Request, and find that the licenses WPOI487 and WPOI488 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules. Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (``REAG'') 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license. In
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  • 2007 request to extend the five- year construction requirement with respect to 220 MHz licenses under call signs WPOI487 and WPOI488 ("Extension Request").1For the reasons discussed below, we deny the Extension Request, and find that the licenses WPOI487 and WPOI488 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules.2 Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings ("REAG") 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license.3In the
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  • construction deadline and comparable extension of the ten-year deadline with respect to 220 MHz licenses under the call signs WPOI650-WPOI666 and call sign WPOI667 (``Request''). For the reasons discussed below, we deny the Request, and find that the above-referenced authorizations automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules. Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license. In
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  • five-year construction deadline and comparable extension of the ten-year deadline with respect to 220 MHz licenses under the call signs WPOI650-WPOI666 and call sign WPOI667 ("Request").1For the reasons discussed below, we deny the Request, and find that the above-referenced authorizations automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules.2 Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license.3In the
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  • requirement for an additional three years with respect to 220 MHz licenses under call signs WPOK939, WPOK940, WPOK941, and WPOK942 (``Request''). For the reasons discussed below, we deny the Request, and find that the licenses WPOK939, WPOK940, WPOK941, and WPOK942 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules. Background. Pursuant to section 90.767 of the rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license. In the
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  • construction requirement for an additional three years with respect to 220 MHz licenses under call signs WPOK939, WPOK940, WPOK941, and WPOK942 ("Request").1For the reasons discussed below, we deny the Request, and find that the licenses WPOK939, WPOK940, WPOK941, and WPOK942 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules.2 Background. Pursuant to section 90.767 of the rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHzlicensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license. In the alternative,
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  • construction requirement with respect to 220 MHz licenses under call signs WPOJ265, WPOJ266, WPOJ267, WPOJ268, WPOJ269 and WPOJ270 (``Request''). For the reasons discussed below, we deny the Request, and find that the licenses WPOJ265, WPOJ266, WPOJ267, WPOJ268, WPOJ269 and WPOJ270 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules. Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license. In
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  • five-year construction requirement with respect to 220 MHz licenses under call signs WPOJ265, WPOJ266, WPOJ267, WPOJ268, WPOJ269 and WPOJ270 ("Request").1For the reasons discussed below, we deny the Request, and find that the licenses WPOJ265, WPOJ266, WPOJ267, WPOJ268, WPOJ269 and WPOJ270 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules.2 Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license.3In the
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  • 2007 request to extend the five-year construction requirement with respect to 220 MHz licenses under call signs WPOI648 and WPOI649 (``Extension Request''). For the reasons discussed below, we deny the Extension Request, and find that the licenses WPOI648 and WPOI649 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules. Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license. In
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  • September 29, 2007 request to extend the five-year construction requirement with respect to 220 MHz licenses under call signs WPOI648 and WPOI649("Extension Request").1For the reasons discussed below, we deny the Extension Request, and find that the licenses WPOI648 and WPOI649 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules.2 Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license.3In the
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  • year extension of the five-year construction requirement with respect to 220 MHz licenses under call signs WPOJ243, WPOJ244, and WPOJ245 (Extension Request). For the reasons discussed below, we deny the Request, and find that the licenses WPOJ243, WPOJ244, and WPOJ245 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules. Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license. In
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  • three year extension of the five-year construction requirement with respect to 220 MHz licenses under call signs WPOJ243, WPOJ244, and WPOJ245 (Extension Request).1For the reasons discussed below, we deny the Request, and find that the licenses WPOJ243, WPOJ244, and WPOJ245 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules.2 Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license.3In the
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  • Wireless'') October 1, 2007 request to extend the five-year construction requirement with respect to a 220 MHz license under call sign WPOK833 (``Extension Request''). For the reasons discussed below, we deny the Extension Request, and find that the license WPOK833 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules. Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license. In
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1450A1_Rcd.pdf
  • ("KC Wireless") October 1, 2007 request to extend the five-year construction requirement with respect to a 220 MHz license under call sign WPOK833 ("Extension Request").1For the reasons discussed below, we deny the Extension Request, and find that the license WPOK833 automatically terminated on November 5, 2007 pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission rules.2 Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license.3In the
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  • a communications system for use extensively in rural areas, to the overall benefit of rural consumers and that strict application of the construction requirements is not warranted in this instance. DISCUSSION Pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission's rules, NRTC's licenses will terminate automatically as of the construction deadlines if NRTC fails to meet the requirements of sections 90.767 (regional licenses) or 90.769 (nationwide license) of the Commission's rules unless the Commission grants an extension or waives the construction requirements. The current construction deadlines for all but one of the licenses are March 22, 2007 and March 22, 2009, respectively. The construction deadline for call sign WPOK780 is October 7, 2007 and October 7, 2009, respectively. A waiver may
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1459A1_Rcd.pdf
  • least one-third of the population of its REAG within five years of the issuance of its initial license and at least two-thirds of the population of its REAG within ten years of the issuance of its initial license. Licensees may, in the alternative, provide substantial service to their licensed areas at the appropriate five-and ten-year benchmarks. See 47 C.F.R. § 90.767(a). A nationwide licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to a composite area of atleast 750,000 square kilometers or 37.5 percent of the United States population within five years of the issuance of its initial license and a composite area of at least 1,500,000 square kilometers
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1741A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1741A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1741A1.txt
  • 04/30/12 3060-0767 Secs. 1.2110, 1.2111, and 1.2112, Auction Forms and License Transfer Disclosure Requirements 04/30/11 3060-0768 28 GHz Band 12/31/11 3060-0770 Secs. 1.774, 61.49, 61.55, 61.58, 69.4, 69.707, 69.713, and 69.729, FCC 99-206 (New Services) 11/30/11 3060-0773 Sec. 2.803 12/31/12 3060-0774 Parts 36 and 54, Federal-State Joint Board on Universal Service 04/30/11 3060-0775 Sec. 64.1903 04/30/13 3060-0779 Secs. 90.20(a)(1)(iii), 90.769, 90.767, 09.763(b)(l)(i)(a), 90.763(b)(l)(i)(B), 90.771(b), and 90.743 11/30/13 3060-0782 Petition for Limited Modification of LATA Boundaries to Provide Expanded Local Calling Service (ELCS) at Various Locations 11/30/12 3060-0783 Sec. 90.176 03/31/12 3060-0787 Implementation of Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996; Policies and Rules Concerning Unauthorized Changes of Consumers' Long Distance 07/31/11 3060-0788 DTV Showings/Interference Agreements 10/31/13 3060-0790
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-841A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-841A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-841A1.txt
  • concurrently filed renewal applications for the subject licenses and also requested waiver of section 90.743(a) of the Commission's rules requiring that substantial service be demonstrated at the time of license renewal. For reasons discussed below, we deny the Extension Requests pursuant to section 1.946(e) of the Commission's rules. As a result, the licenses referenced above automatically terminated pursuant to sections 90.767 and 1.955 of the Commission's rules, on March 22, 2009, their expiration date. Therefore, we also dismiss the renewal applications for the above-referenced call signs. Background. Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-841A1_Rcd.pdf
  • signs (Extension Requests).1Longhorn concurrently filed renewal applications for the subject licenses2and also requested waiver of section 90.743(a) of the Commission's rules3requiring that substantial service be demonstrated at the time of license renewal. For reasons discussed below, we deny the Extension Requests pursuant to section 1.946(e) of the Commission's rules.4As a result, the licenses referenced above automatically terminated pursuant to sections 90.767 and 1.955 of the Commission's rules, on March 22, 2009, their expiration date.5Therefore, we also dismiss the renewal applications for the above-referenced call signs. Background.Pursuant to section 90.767 of the Commission's rules, an Economic Area (EA) or Regional Economic Area Groupings (REAG) 220 MHz licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-580A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-580A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-580A1.txt
  • and D of the 220-222 MHz (QA) band in the Detroit-Ann Arbor-Flint, Michigan market area (BEA 057). In 1998, DeltaCom was the highest bidder in Auction No. 18, the 220 MHz auction, on six licenses, including the authorizations for Stations WPOI503, WPOI504, and WPOI505. The licenses were granted on March 22, 1999, with ten-year terms ending March 22, 2009. Section 90.767(a) of the Commission's rules requires a Phase II 220 MHz Service Economic Area (EA) licensee to provide coverage to at least one-third of the population of the EA within five years of the issuance of its initial license. The five-year coverage requirement deadline for Stations WPOI503, WPOI504, and WPOI505 was, therefore, March 22, 2004. Section 1.946(e) of the Commission's rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-580A1_Rcd.pdf
  • to operate on channel blocks B, C, and D of the 220-222MHz (QA) band in the Detroit-Ann Arbor-Flint, Michigan market area (BEA057). In 1998, DeltaCom was the highest bidder in Auction No.18, the 220MHz auction, on six licenses, including the authorizations for Stations WPOI503, WPOI504, and WPOI505.3The licenses were granted on March22, 1999, with ten-year terms ending March22, 2009. 3. Section90.767(a) of the Commission's rules requires a PhaseII 220MHz Service Economic Area (EA) licensee to provide coverage to at least one-third of the population of the EA within 1FCC File Nos.0003859347, 0003859348, 0003859349, filed by DeltaCom, Inc., Atts. "Letter from Alan S. Tilles, Esq., Counsel for DeltaCom, Inc. to Roger Noel, Chief, Mobility Division, Wireless Telecommunications Bureau" (June4, 2009) (Waiver Requests).
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  • Communications/Land Mobile, LLC (``Maritime'') and all subsequent responsive filings by Maritime and/or Havens. Accordingly, the Havens Licenses automatically terminated on November 5, 2007, the date of their first construction deadline, and the Skybridge Licenses automatically terminated on the date that each license expired. background The Havens Licenses were originally granted in 1999 as part of Auction 24. Pursuant to Section 90.767 of the Commission's rules, an Economic Area (``EA'') or Regional Economic Area Grouping (``REAG'') 220 MHz licensee must construct a sufficient number of base stations for land mobile and/or paging operations to ``provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license and at least two-thirds
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  • Environmentel LLC, Verde Systems LLC, Intelligent Transportation & Monitoring Wireless LLC, Telesaurus Holdings GB LLC and Skybridge Spectrum Foundation (collectively, Havens), we deny the Havens petitions against the four Cornerstone licenses where we grant renewal, and we dismiss as moot the remaining Havens petitions. Background Licensees in the 220 MHz Service must comply with the construction requirements outlined in section 90.767 of the Commission's rules, which require a demonstration of construction at five-year and ten-year benchmarks. Moreover, pursuant to section 1.946(c) of the Commission's rules, if a licensee fails to meet its coverage or substantial service obligations by the expiration of the applicable period, its authorization terminates automatically, without specific Commission action, on the date the construction period expires. Additionally, pursuant
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  • Inc. 06/30/2009 WPOI664 T Two Twenty Auction Company Inc. 06/30/2009 WPOI663 T Two Twenty Auction Company Inc. 06/30/2009 WPOI662 T Two Twenty Auction Company Inc. 06/30/2009 WPOI661 T Page 6 NOTE: The terminated licenses in the QA - 220-222 MHz Band, Auctioned Service automatically terminated on November 5, 2007 for failure to meet the construction requirements set forth in section 90.767 of the Commission's rules.
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  • APPENDIX B FINAL RULES Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: 1. Section 90.1019(d)(1)(ii) is revised as follows: (d) Construction Requirements. * * * * (ii) One party may certify that it has or will meet its five-year construction requirement and will meet the ten-year construction requirement, as set forth in Sections 90.767 or 90.769, as applicable, for the entire license area. In that case, the other party must only satisfy the requirements for "substantial service," as set forth in Sec. 90.743(a)(1), for the partitioned license area by the end of the original ten-year license term of the licensee. APPENDIX C SUPPLEMENTAL FINAL REGULATORY FLEXIBILITY ANALYSIS Memorandum Opinion and Order on Reconsideration As
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  • as follows: Sec. 90.1019 Eligibility for partitioned licenses and disaggregated spectrum. * * * (d) Construction requirements. * * * (2) Requirements for disaggregation. Parties seeking authority to disaggregate spectrum must certify in FCC Form 601 which of the parties will be responsible for meeting the five-year and ten-year construction requirements for the particular market as set forth in §§ 90.767 of 90.769 of this part, as applicable. Parties may agree to share responsibility for meeting the construction requirements. If one party accepts responsibility for meeting the construction requirements and later fails to do so, then its license will cancel automatically without further Commission action. If both parties accept responsibility for meeting the construction requirements and later fail to do so,
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  • of the population of the EA-based service area within five years of the grant of their initial license. Alternatively, EA-based licensees may provide substantial service to their markets within five years of the grant of their initial license. Substantial service shall be defined as: ``Service which is sound, favorable, and substantially above a level of mediocre service.'' ***** 4. Section 90.767 is amended to read as follows: § 90.767 Construction and implementation of EA and Regional licenses. (a) An EA or Regional licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.txt
  • service area within five years of the grant of their initial license. EA-based licensees may, in the alternative, provide substantial service to their markets within five years of the grant of their initial license. Substantial service shall be defined as: ``Service which is sound, favorable, and substantially above a level of mediocre service.'' * * * * * 16. Section 90.767 is amended to read as follows: § 90.767 Construction and implementation of EA and Regional licenses. (a) An EA or Regional licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.txt
  • service, independent of its performance requirements, as a condition for renewal at the end of each license term.'' 47 C.F.R. § 27.14(e). See, e.g., 47 C.F.R. §§ 22.503(k)(1), (2) (paging MEA and EA licensees); 24.103(a)-(c) (narrowband PCS); 24.203(a), (b) (broadband PCS); 27.14(g), (h) (WCS 700 MHz licensees); 90.155(d) (multilateration LMS EA licensees); 90.665(c) (SMR MTA licensees); 90.685(b) (SMR EA licensees); 90.767 (220-222 MHz EA and Regional licensees); 90.769 (220-222 MHz Phase II nationwide licensees); 101.1325 (MAS EA licensees); 101.1413 (MVDDS). See, e.g., 47 C.F.R. §§ 22.503(k)(3) (paging MEA and EA licensees); 22.873 (commercial aviation air-ground licensees); 24.103(a)-(d) (narrowband PCS); 24.203(d) (broadband PCS); 27.14(a) (AWS and WCS); 80.49(a)(1) (VHF public coast station geographic area licensees); 80.49(a)(3) (AMTS); 90.155(d) (multilateration LMS EA licensees);
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
  • service, independent of its performance requirements, as a condition for renewal at the end of each license term." 47 C.F.R. § 27.14(e). 63See, e.g., 47 C.F.R. §§ 22.503(k)(1), (2) (paging MEA and EA licensees); 24.103(a)-(c) (narrowband PCS); 24.203(a), (b) (broadband PCS); 27.14(g), (h) (WCS 700 MHz licensees); 90.155(d) (multilateration LMS EA licensees); 90.665(c) (SMR MTA licensees); 90.685(b) (SMR EA licensees); 90.767 (220-222 MHz EA and Regional licensees); 90.769 (220-222 MHz Phase II nationwide licensees); 101.1325 (MAS EA licensees); 101.1413 (MVDDS). 64See, e.g., 47 C.F.R. §§ 22.503(k)(3) (paging MEA and EA licensees); 22.873 (commercial aviation air-ground licensees); 24.103(a)-(d) (narrowband PCS); 24.203(d) (broadband PCS); 27.14(a) (AWS and WCS); 80.49(a)(1) (VHF public coast station geographic area licensees); 80.49(a)(3) (AMTS); 90.155(d) (multilateration LMS EA licensees);
• 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
  • 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 98-25 K-6 90.755 Procedures for license modification (move to 1.927, 1.929 consolidated Part 1 Rule). 90.763(b) EA, Regional and Nationwide system operations (change90.763(b) to allow electronic filing of information via ULS). 90.767(b), (c) Construction and implementation of EA and regional 90.767(b), (c) licenses (change to allow electronic filing of information via ULS). 90.1013 Long-form application (FCC Form 601) (change form 90.1013 numbers and change to permit auction winners to file a single application for all markets won). 90.1019(b) Eligibility for partitioned licenses (change form 90.1019(b) numbers). 90.1019(c) Eligibility for partitioned licenses (change
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • 47 C.F.R. § 24.16(a). 205 See Section 26.14(a) of the Commission's Rules, 47 C.F.R. § 26.14(a). 206 See Section 27.14(b)(1) of the Commission's Rules, 47 C.F.R. § 27.14(b)(1). 207 See Section 101.1011(a) of the Commission's Rules, 47 C.F.R. § 101.1011(a). 208 See Sections 90.665(c) and 90.816(b)(1)(i) of the Commission's Rules, 47 C.F.R. §§ 90.665(c), 90.816(b)(1)(i). 209 See Sections 90.725(h), 90.743(a)(1), 90.767(b), and 90.769(b) of the Commission's Rules, 47 C.F.R. §§ 210 90.725(h), 90.743(a)(1), 90.767(b), 90.769(b). 220 MHz Third Report and Order, 12 FCC Rcd at 11016 (para. 156). 211 See Amendment of Part 90 of the Commission's Rules To Facilitate Future Development of SMR Systems in the 212 800 MHz Frequency Band, PR Docket No. 93-144, RM-8117, RM-8030, RM-8029, Implementation of
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  • A new Section 90.765 is added to read as follows: Section 90.765 Licenses term for Phase II licenses. Nationwide licenses authorized pursuant to Section 90.717(a), EA and Regional licenses authorized pursuant to Section 90.761, and non-nationwide licenses authorized pursuant to Section 90.720 and Section 90.719(c) will be issued for a term not to exceed ten years. 31. A new Section 90.767 is added to read as follows: Section 90.767 Construction and implementation of EA and Regional licenses. (a) An EA or Regional licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to: (1) At least one-third of the population of its EA or REAG within five years of the
• 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
  • including paging, Personal Communications Services, 204 205 General Wireless Communications Service, Wireless Communications Service, and Local Multipoint 206 207 Distribution Service. In the case of Private Land Mobile Radio Service, the Commission has used the 208 Federal Communications Commission FCC 98-93 See Sections 90.665(c) and 90.816(b)(1)(i) of the Commission's Rules, 47 C.F.R. §§ 90.665(c), 90.816(b)(1)(i). 209 See Sections 90.725(h), 90.743(a)(1), 90.767(b), and 90.769(b) of the Commission's Rules, 47 C.F.R. §§ 90.725(h), 210 90.743(a)(1), 90.767(b), 90.769(b). 220 MHz Third Report and Order, 12 FCC Rcd at 11016 (para. 156). 211 See Amendment of Part 90 of the Commission's Rules To Facilitate Future Development of SMR Systems in the 800 MHz Frequency 212 Band, PR Docket No. 93-144, RM-8117, RM-8030, RM-8029, Implementation of
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  • spectrum shall be the remainder of the original licensee's license term. (e) Construction Requirements. Federal Communications Commission FCC 98-186 29 (1) Requirements for Partitioning. Phase II EA, Regional or nationwide licensees seeking authority to partition must meet one of the following construction requirements: (A) The partitionee may certify that it will satisfy the applicable construction requirements set forth in Secs. 90.767 or 90.769, as applicable, for the partitioned license area; or (B) The original licensee may certify that it has or will meet its five-year construction requirement and will meet the ten-year construction requirement, as set forth in Secs. 90.767 or 90.769, as applicable, for the entire license area. In that case, the partitionee must only satisfy the requirements for "substantial
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • then will be able to construct and operate without regard to the previous authorization. § 90.765 Licenses term for Phase II licenses. Nationwide licenses authorized pursuant to § 90.717(a), EA and Regional licenses authorized pursuant to § 90.761, and non-nationwide licenses authorized pursuant to §§ 90.720 and 90.719(c) will be issued for a term not to exceed ten years. § 90.767 Construction and implementation of EA and Regional licenses. (a) An EA or Regional licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to: (1) At least one-third of the population of its EA or REAG within five years of the issuance of its initial license; and (2) At
• http://wireless.fcc.gov/auctions/26/releases/fc990098.pdf http://wireless.fcc.gov/auctions/26/releases/fc990098.txt http://wireless.fcc.gov/auctions/26/releases/fc990098.wp
  • variety of applicants. 47 U.S.C. § 309(j)(3)(B). See Amendment of Part 90 of the Commission's Rules to Provide for the Use of the 220-22 MHz Band by the 255 Private Land Mobile Service, Third Report and Order and Fifth Notice of Proposed Rulemaking, 12 FCC Rcd 10943, 11019-21, ¶¶ 160-163 (1997) (220 MHz Third Report and Order); 47 C.F.R. § 90.767. We note that in the 220 MHz service, the "substantial service" option may only be satisfied by geographic area licensees who offer either fixed services as part of their system or have one or more incumbent co-channel licensees authorized in their geographic area. 47 C.F.R. § 90.767(2)(b). This is not the case for the paging service. See also 47 C.F.R.
• http://wireless.fcc.gov/auctions/72/resources/ServiceRules.pdf
  • with all affected co--channel geographic area channel geographic area licensees. licensees. ­­Licensees must coordinate to minimize interference at or near Licensees must coordinate to minimize interference at or near their geographic borders. their geographic borders. Licensing and Operating Rules Licensing and Operating Rules ··Build out requirements for 220 MHz Phase II Build out requirements for 220 MHz Phase II licensees (90.767) licensees (90.767) ­­EA or EAG licensees must provide coverage to 1/3 of the EA or EAG licensees must provide coverage to 1/3 of the population of its geographic area within 5 years of its initial population of its geographic area within 5 years of its initial license grant. license grant. ­­EA or EAG licensees must provide coverage to 2/3 of
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=18
  • Any telephone inquires regarding these matters should be directed to the Technical Support Hotline at (202) 414-1250 (V) or (202) 414-1255 (TTY). The Commission makes no representations or guarantees regarding the accuracy or completeness of information that has been provided by incumbent licensees and incorporated into the database. Construction Requirements The construction build out requirements are defined at 47 CFR 90.767 for EA/Regional licensees, and 47 CFR 90.769 for nationwide licensees. You can also find these definitions on pages 413-414 of the published copy of the Phase II 220 MHz [50]Bidder Information Package. (Note: The page numbers of the electronic copy will vary.). A total of 908 licenses were offered in this auction. Three (100 kHz) nationwide licenses, five (100 kHz)
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=43
  • date. An EA or Regional licensee is required to construct a sufficient number of base stations to provide coverage to at least one-third of the population of its EA or REAG within five years of initial license grant and at least two-thirds of the population of its EA or REAG within ten years of initial license grant. (See 47 C.F.R. 90.767) 800 MHz SMR- Licenses are issued for a ten-year term from the initial license grant date. Licensees have a renewal expectancy based on the provision of substantial service and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. 90.685) Bidding Credits Bidding credits are available to small businesses or consortia thereof, (as defined in 47
• http://wireless.fcc.gov/licensing/index.htm?job=const_req_by_service
  • or Regional Licenses) Provide coverage to at least 1/3 of the population in the licensed area within 5 years of initial license grant, and 2/3 of the population within 10 years of initial license grant. Alternatively, EA or Regional licensees may meet their construction requirements by providing an appropriate level of substantial service at 5- and 10- year benchmarks. QA 90.767 601 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,
• http://wireless.fcc.gov/services/index.htm?job=operations_1&id=220mhz
  • Requirements Phase II economic area (EA) or regional area (REAG) licensees are required to provide coverage to 1/3 of the population of their EA or REAG within 5 years of the issuance of their initial license and 2/3 of the population of their EA or REAG within 10 years of the issuance of their initial license in accordance with [34]Rule 90.767. Alternatively a Phase II EA or REAG licensee may demonstrate substantial service at their 5 and 10 year benchmarks also in accordance with [35]Rule 90.767. Phase II nationwide (NWA) licensees are required to provide coverage to a composite area of at least 750,000 square kilometers or 37.5 percent of the population of the US within 5 years of the issuance
• 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
  • 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 98-25 K-6 90.755 Procedures for license modification (move to 1.927, 1.929 consolidated Part 1 Rule). 90.763(b) EA, Regional and Nationwide system operations (change90.763(b) to allow electronic filing of information via ULS). 90.767(b), (c) Construction and implementation of EA and regional 90.767(b), (c) licenses (change to allow electronic filing of information via ULS). 90.1013 Long-form application (FCC Form 601) (change form 90.1013 numbers and change to permit auction winners to file a single application for all markets won). 90.1019(b) Eligibility for partitioned licenses (change form 90.1019(b) numbers). 90.1019(c) Eligibility for partitioned licenses (change
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001762.doc
  • 20554 In the Matter of ) ) National Rural Telecommunications ) File No. 131693 Cooperative, LLC ) ) Request for Waiver and Consolidation ) Of 220 MHz Construction Requirements ) By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: I. Introduction 1. On February 29, 2000, National Rural Telecommunications Cooperative, LLC (NRTC) filed a request seeking waiver of Sections 90.725, 90.767, and 90.769 of the Commission's rules in order to consolidate the construction (``buildout'') requirements for its various licensed 220 MHz facilities. By this Order, we grant NRTC's waiver request in part and deny it in part, as described below. II. Background 2. NRTC is a non-profit cooperative association composed of rural electric cooperatives, rural telephone systems, and small independent telephone
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00102.doc
  • APPENDIX B FINAL RULES Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: 1. Section 90.1019(d)(1)(ii) is revised as follows: (d) Construction Requirements. * * * * (ii) One party may certify that it has or will meet its five-year construction requirement and will meet the ten-year construction requirement, as set forth in Sections 90.767 or 90.769, as applicable, for the entire license area. In that case, the other party must only satisfy the requirements for "substantial service," as set forth in Sec. 90.743(a)(1), for the partitioned license area by the end of the original ten-year license term of the licensee. APPENDIX C SUPPLEMENTAL FINAL REGULATORY FLEXIBILITY ANALYSIS Memorandum Opinion and Order on Reconsideration As
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00187.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00187.txt
  • as follows: Sec. 90.1019 Eligibility for partitioned licenses and disaggregated spectrum. * * * (d) Construction requirements. * * * (2) Requirements for disaggregation. Parties seeking authority to disaggregate spectrum must certify in FCC Form 601 which of the parties will be responsible for meeting the five-year and ten-year construction requirements for the particular market as set forth in §§ 90.767 of 90.769 of this part, as applicable. Parties may agree to share responsibility for meeting the construction requirements. If one party accepts responsibility for meeting the construction requirements and later fails to do so, then its license will cancel automatically without further Commission action. If both parties accept responsibility for meeting the construction requirements and later fail to do so,