FCC Web Documents citing 95.831

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.txt
  • or population (e.g., point-to-point fixed service), but nonetheless provides a benefit to consumers, also may meet the standard. See, e.g., Amendment of Part 90 of the Commission's Rules to Provide for the Use of the 220-222 MHz Band by the Private Land Mobile Radio Service, 12 FCC Rcd 10943 ¶ 158 (1998). See, e.g., 47 C.F.R. §§ 22.503(k)(3), 27.14; 90.685(b), 95.831, 101.527(a), 101.1011(a). Our proposal includes only those types of geographic licenses where our rules require that only a portion of the area be constructed. A substantial service option is one way to provide these licensees flexibility in determining which areas within their geographic license to build based on demand, market conditions, and their business plans. We do not propose to
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.txt
  • the EAG blocks. Using Block B for MSA/RSA licenses would result in the two EAG blocks being split, frustrating this objective.''). Upper 700 MHz First Report and Order, 15 FCC Rcd at 505 ¶ 70. Lower 700 MHz Report and Order, 17 FCC Rcd at 1079 ¶ 149. 47 C.F.R. § 27.14(a). See also, e.g., 47 C.F.R. §§ 22.503(k)(3), 90.685(b), 95.831, 101.527(a), 101.1011(a). The Commission also established options available to parties to partitioning and disaggregation agreements for complying with the substantial service requirement. See 47 C.F.R. § 27.15; see also Upper 700 MHz First Report and Order, 15 FCC Rcd at 507-08 ¶¶ 76-78. Upper 700 MHz First Report and Order, 15 FCC Rcd at 505 ¶ 70; Lower 700 MHz
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1387A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1387A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1387A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit May 31, 2005 DA 05-1387 Buddy C. Stanley ITV, Inc. 12742 Hamilton Crossing Carmel, IN 46032 Re: Call Sign KIVD0011 Dear Mr. Stanley: This letter is in response to a renewal application, substantial service showing, and request for waiver of the substantial service and construction requirements of sections 95.831 and 95.833, respectively, of the Commission's rules for Station KIVD0011, filed by ITV, Inc. (ITV) on March 12, 2004. For the reasons set forth below, we reject ITV's substantial service showing, deny its waiver request, and dismiss its renewal application. By way of background, on March 28, 1994, through the lottery process, the Commission granted ITV authorization to operate in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1771A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1771A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1771A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit July 21, 2005 DA 05-1771 Rachael E. Schwartz Joshua J Izenberg Baker & McKenzie 815 Connecticut Ave., N.W. Washington, D.C. 20006 Re: Call Sign KIVD0009 Dear Counsel: This letter is in response to a renewal application, request for waiver of the substantial service and construction requirements of sections 95.831 and 95.833, respectively, of the Commission's rules, and request for an extension of time for Station KIVD0009, filed by Amerilink Interactive Services, Inc. (Amerilink) on March 25, 2004. For the reasons set forth below, we deny Amerilink's requests for waiver and extension, and dismiss its renewal application. On March 28, 1994, through the lottery process, the Commission granted Mr. Ignacio
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-471A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-471A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-471A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of Sioux Valley Rural Television, Inc. For Renewal of License and Extension of Time to Construct 218-219 MHz Service Stations KIVD0489, Rapid City, South Dakota Request for Waiver of Section 95.831 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) ) FCC File Nos. 0002054479, 0002054437 ORDER Adopted: January 31, 2007 Released: January 31, 2007 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: introduction In this Order, we address the applications and waiver requests filed by Sioux Valley Rural Televison, Inc. (SVRTV), for renewal of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-473A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-473A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-473A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of W & E Interactive TV L.C. For Renewal of License and Extension of Time to Construct 218-219 MHz Service Stations KIVD0462, Sioux Falls, South Dakota; and KIVD0435, Sioux City, Iowa-Nebraska Request for Waiver of Section 95.831 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) ) FCC File Nos. 0002013615, 0002013616, 0002054684 ORDER Adopted: January 31, 2007 Released: January 31, 2007 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: introduction In this Order, we address the applications and waiver requests filed by W & E Interactive TV, L.C. (W&E), for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-474A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-474A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-474A1.txt
  • license. BSA also claims that it spent $4 million to construct a system that covered 76% of the population in the Boston MSA. Substantial Service. As an initial matter, we find that BSA has failed to comply with the Commission's substantial service construction requirements because it has not demonstrated ``that it provides substantial service within the service area.'' Under section 95.831 of the Commission's rules, ``[f]ailure to demonstrate that substantial service is being provided in the service area will result in forfeiture of the license.'' In response to the Commission's Notice of Return Letter, BSA states that it constructed ``an IVDS facility in Boston which operated for a period of time'' that was ``eventually abandoned.'' Further, after ten years, BSA's ``facility
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-475A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-475A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-475A1.txt
  • Petition for Reconsideration (Petition) filed by ITV, Inc. (ITV) regarding call sign KIVD0011, formerly licensed to ITV in the 218-219 MHz Service for the San Francisco-Oakland, California, Metropolitan Statistical Area (MSA). ITV seeks reconsideration of the ITV Decision, in which the Mobility Division (Division) of the Wireless Telecommunications Bureau (Bureau) rejected ITV's substantial service showing for this license under sections 95.831 and 95.833 of the Commission's rules, denied ITV's alternative request for waiver of those rules, and dismissed its renewal application. In its Petition, ITV argues, inter alia, that the Division's dismissal of its renewal application and denial of its contingent waiver request were inconsistent with the treatment of other renewal and waiver requests, and therefore, its license should be reinstated
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.txt
  • or population (e.g., point-to-point fixed service), but nonetheless provides a benefit to consumers, also may meet the standard. See, e.g., Amendment of Part 90 of the Commission's Rules to Provide for the Use of the 220-222 MHz Band by the Private Land Mobile Radio Service, 12 FCC Rcd 10943 ¶ 158 (1998). See, e.g., 47 C.F.R. §§ 22.503(k)(3), 27.14; 90.685(b), 95.831, 101.527(a), 101.1011(a). Our proposal includes only those types of geographic licenses where our rules require that only a portion of the area be constructed. A substantial service option is one way to provide these licensees flexibility in determining which areas within their geographic license to build based on demand, market conditions, and their business plans. We do not propose to
• 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
  • some services, such as LMDS and 39 GHz, the Commission has adopted only a ``substantial service'' construction requirement. See 47 C.F.R. §§ 101.1011(a) (LMDS), 101.17(a) (39 GHz). Substantial service generally has been defined as service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal. See, e.g., 47 C.F.R. §§ 22.503(k)(3), 27.14, 90.685(b), 95.831, 101.527(a), 101.1011(a). For example, in some wireless services, the Commission indicated that licensees providing niche, specialized, or technologically sophisticated services may be considered to be providing ``substantial service.'' See, e.g., Amendment to Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and the 935-940
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.txt
  • the EAG blocks. Using Block B for MSA/RSA licenses would result in the two EAG blocks being split, frustrating this objective.''). Upper 700 MHz First Report and Order, 15 FCC Rcd at 505 ¶ 70. Lower 700 MHz Report and Order, 17 FCC Rcd at 1079 ¶ 149. 47 C.F.R. § 27.14(a). See also, e.g., 47 C.F.R. §§ 22.503(k)(3), 90.685(b), 95.831, 101.527(a), 101.1011(a). The Commission also established options available to parties to partitioning and disaggregation agreements for complying with the substantial service requirement. See 47 C.F.R. § 27.15; see also Upper 700 MHz First Report and Order, 15 FCC Rcd at 507-08 ¶¶ 76-78. Upper 700 MHz First Report and Order, 15 FCC Rcd at 505 ¶ 70; Lower 700 MHz
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.txt
  • MHz) 95.803 27.1403 Service description (218-219 MHz) 95.805 27.2 Permissible communications (218-219 MHz) 95.807 27.10 Regulatory status (218-219 MHz) 95.811 27.1411 License requirements (218-219 MHz) 95.812 27.13 License term (218-219 MHz) 95.813 27.12 Eligibility (218-219 MHz) 95.815 27.1415 License application (218-219 MHz) 95.816 27.1416 Competitive bidding (218-219 MHz) 95.819 27.1419 License transferability (218-219 MHz) 95.823 27.15 Partitioning, disaggregation (218-219 MHz) 95.831 Removed Service requirements (218-219 MHz) 95.833 27.14 Construction requirements (218-219 MHz) 95.835 Removed Station identification (218-219 MHz) 95.837 Removed Station inspection (218-219 MHz) 95.851 27.51 Equipment certification (218-219 MHz) 95.853 27.5 Frequency segments (218-219 MHz) 95.855 27.50 Transmitting ERP (218-219 MHz) 95.857 27.53 Emission standards (218-219 MHz) 95.859 27.50 Antennas (218-219 MHz) 95.861 27.1410 Interference (218-219 MHz) 95.1001 95.5 Eligibility
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1_Rcd.pdf
  • Removed Copyof rules (CB) ExistingProposed Topic 95.801 27.1401 Scope (218-219MHz) 95.803 27.1403 Service description (218- 219MHz) 95.805 27.2 Permissible communications (218-219MHz) 95.807 27.10 Regulatory status (218-219MHz) 95.811 27.1411 License requirements (218-219MHz) 95.812 27.13 License term (218-219MHz) 95.813 27.12 Eligibility (218-219MHz) 95.815 27.1415 License application (218-219MHz) 95.816 27.1416 Competitive bidding (218-219MHz) 95.819 27.1419 License transferability (218-219MHz) 95.823 27.15 Partitioning, disaggregation (218-219MHz) 95.831 Removed Service requirements (218-219MHz) 95.833 27.14 Construction requirements (218-219MHz) 95.835 Removed Station identification (218-219MHz) 95.837 Removed Station inspection (218-219MHz) 95.851 27.51 Equipment certification (218-219MHz) 95.853 27.5 Frequency segments (218-219MHz) 95.855 27.50 Transmitting ERP (218-219MHz) 95.857 27.53 Emission standards (218-219MHz) 95.859 27.50 Antennas (218-219MHz) 95.861 27.1410 Interference (218-219MHz) 95.1001 95.5 Eligibility (LPRS) 95.1003 95.7 Authorized locations (LPRS) 95.1005 Removed Station identification
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-115A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-115A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-115A1.txt
  • must, no later than 90 days after the nullification of the license cancellation and the reinstatement of the renewal application and Construction NT, supplement these filings with information affirmatively demonstrating that it currently is in compliance with the renewal and construction requirements, including the requirement that it currently provides ``substantial service'' within the service area consistent with 47 C.F.R. §§ 95.831, 95.833. See also Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, 15 FCC Rcd 1497, 1537-38 ¶ 70 (1999) (setting forth ``safe harbor'' examples that would demonstrate compliance with the substantial service requirement). Upon receipt of the supplement, the FCC will place the
• http://wireless.fcc.gov/auctions/00a/releases/fc990239.pdf http://wireless.fcc.gov/auctions/00a/releases/fc990239.txt http://wireless.fcc.gov/auctions/00a/releases/fc990239.wp
  • addition to the requirements of part 1, subpart F of this chapter, each application for a 218-219 MHz Service system license must include a plan analyzing the co- and adjacent channel interference potential of the proposed system, identifying methods being used to minimize this interference, and showing how the proposed system will meet the service requirements set forth in § 95.831 of this part. This plan must be updated to reflect changes to the 218-219 MHz Service system design or construction. (b) In addition to the requirements of part 1, subpart F of this chapter, each request by a 218-219 MHz Service system licensee to add, delete, or modify technical information of an individually licensed CTS (see § 95.811 (b) of
• http://wireless.fcc.gov/auctions/02/releases/fc980228.pdf http://wireless.fcc.gov/auctions/02/releases/fc980228.txt http://wireless.fcc.gov/auctions/02/releases/fc980228.wp
  • of two years from the start date of the reauction eligibility to reacquire the licenses surrendered through either reauction or any other secondary market transaction. Under either option, all installment payments made Federal Communications Commission FCC 98-228 47 C.F.R. § 1.2110(f)(3) (as amended by the Part 1 Third Report and Order, 13 FCC Rcd at 521). 149 47 C.F.R. § 95.831. 150 1992 Allocation Report and Order, 7 FCC Rcd at 1640-41, 1648. 151 47 C.F.R. § 95.833(a). 152 Id. 153 47 C.F.R. § 95.833(b). 154 1992 Allocation Report and Order, 7 FCC Rcd at 1640. 155 One-Year Construction Report and Order, 11 FCC Rcd 2472; 47 C.F.R. § 95.833 (as revised). The Bureau had 156 previously granted waivers of the
• http://wireless.fcc.gov/index.htm?job=headlines&y=2005
  • Permit from FM Auction No. 62 [428]pdf - [429]Word Attachment A: [430]pdf - [431]xls 7/22/2005 PUBLIC NOTICE (DA 05-2032) Auction of Automated Maritime Telecommunications System Licenses, Seven Bidders Qualified to Participate in Auction No. 61 [432]pdf - [433]Word Attachment A: [434]pdf Attachment B: [435]pdf 7/21/2005 LETTER (DA 05-1771) Request for Waiver of the Substantial Service and Construction Requirements of Section 95.831 and 95.833 Respectively [436]pdf - [437]Word 7/20/2005 LETTER (DA 05-2047) WTB Responds to an Inquiry by the National Telecommunications Cooperative Association Regarding the Possible Revision or Elimination of Rules Under the Regulatory Flexibility Act -- 5 U.S.C. Sec. 610 [438]pdf - [439]Word 7/19/2005 MEMORANDUM OPINION AND ORDER (FCC 05-138) Application of Western Wireless Corporation and ALLTEL Corporation [440]pdf - [441]Word
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2005
  • Permit from FM Auction No. 62 [428]pdf - [429]Word Attachment A: [430]pdf - [431]xls 7/22/2005 PUBLIC NOTICE (DA 05-2032) Auction of Automated Maritime Telecommunications System Licenses, Seven Bidders Qualified to Participate in Auction No. 61 [432]pdf - [433]Word Attachment A: [434]pdf Attachment B: [435]pdf 7/21/2005 LETTER (DA 05-1771) Request for Waiver of the Substantial Service and Construction Requirements of Section 95.831 and 95.833 Respectively [436]pdf - [437]Word 7/20/2005 LETTER (DA 05-2047) WTB Responds to an Inquiry by the National Telecommunications Cooperative Association Regarding the Possible Revision or Elimination of Rules Under the Regulatory Flexibility Act -- 5 U.S.C. Sec. 610 [438]pdf - [439]Word 7/19/2005 MEMORANDUM OPINION AND ORDER (FCC 05-138) Application of Western Wireless Corporation and ALLTEL Corporation [440]pdf - [441]Word