FCC Web Documents citing 101.1325

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
  • No. 01-108, Report and Order, 17 FCC Rcd 18401 (2002). See ``Wireless Telecommunications Bureau Approves Settlement Agreement between WWC License L.L.C. and WWC Holding Co., Inc. and N.E. Colorado Cellular Inc.,'' Public Notice, 17 FCC Rcd 26148 (rel. December 23, 2002). 47 C.F.R. § 24.203. See, e.g., 47 C.F.R. §§ 24.103(h) (narrowband PCS), 24.203(a) and (b) (broadband PCS), 101.1011 (LMDS); 101.1325 (MAS). See SPTF Report at 48-49. Id. In order to achieve these benefits, flexible build out rules may be necessary. To the extent overlays result in mutually exclusive applications for spectrum usage rights, competitive bidding is required. See 47 C.F.R. § 309(j). 47 C.F.R. § 309(j)(4)(B). We retain current benchmarks for geographic-area licensees but, as discussed in Section II.C.1, below,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.txt
  • competition among service providers in this band.'' 24 GHz Report and Order, 15 FCC Rcd at 16951. ``This approach [substantial service] will permit flexibility in system design and market development, while ensuring that service is being provided to the public.'' 39 GHz Report and Order, 12 FCC Rcd 18624. 47 C.F.R. §§ 1.946(c) and 1.955(a)(2). See also 47 C.F.R. § 101.1325. See 47 C.F.R. § 21.43(a). 2a) the delay is due to circumstances beyond the applicant's control, or 2b) there are unique and overriding public interest concerns. See 47 C.F.R. §§ 21.11(b), 21.40(b). A carrier who does not promptly construct facilities precludes others who are willing and able to construct from access to the spectrum.'' See Revision of Part 21 of
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  • advantages to having a head start over other applicants and competitors in providing service. See Opposition at 6. We also are unpersuaded that a one-month delay in filing an application would be of meaningful benefit to an applicant in achieving compliance with a construction requirement based on demonstrations of substantial service at five- and ten-year benchmarks. See 47 C.F.R. § 101.1325(b) (providing that a geographic area MAS licensee ``must provide service to at least one-fifth of the population in its service area or `substantial service' within five years of the license grant ... [and] must make a showing of continued `substantial service' within ten years of the license grant''). Finally, given the Petitioners' frequent practice of opposing PSI filings, we question
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1424A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1424A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1424A1.txt
  • markets where additional bandwidth is necessary, Wireless America, through this Application, is obtaining multiple 6.25 kHz authorizations and is confident that this will provide sufficient capacity for service, at least in the early years of operation. In connection with that application, MilkyWay and Wireless America certified that Wireless America would be responsible for meeting the construction requirements contained in Section 101.1325 of the Commission's Rules for each of the licenses. The parties also requested a waiver of the filing fees associated with that application. On December 15, 2006, the Office of Managing Director denied the request for waiver of filing fees. Subsequently, MilkyWay and Wireless America paid the requisite filing fees. On January 26, 2007, the Disaggregation Application was granted. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1424A1_Rcd.pdf
  • where additional bandwidth is necessary, Wireless America, through this Application, is obtaining multiple 6.25 kHz authorizations and is confident that this will provide sufficient capacity for service, at least in the early years of operation.8 5. In connection with that application, MilkyWay and Wireless America certified that Wireless America would be responsible for meeting the construction requirements contained in Section 101.1325 of the Commission's Rules for each of the licenses.9The parties also requested a waiver of the filing fees associated with that application.10On December 15, 2006, the Office of Managing Director denied the request for waiver of filing fees.11Subsequently, MilkyWay and Wireless America paid the requisite filing fees. On January 26, 2007, the Disaggregation Application was granted.12On March 23, 2007, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.txt
  • Legal Basis: 47 U.S.C. 154, 303 and 309. Section Number and Title: 101.1301 Scope. 101.1303 Eligibility. 101.1305 Private internal service. 101.1307 Permissible communications. 101.1309 Regulatory status. 101.1311 Initial EA license authorization. 101.1313 License term. 101.1315 Service areas. 101.1317 Competitive bidding procedures for mutually exclusive MAS EA applications. 101.1319 Competitive bidding provisions. 101.1321 License transfers. 101.1323 Spectrum aggregation, disaggregation, and partitioning. 101.1325 Construction requirements. 101.1327 Renewal expectancy for EA licensees. 101.1329 EA Station license, location, modifications. 101.1331 Treatment of incumbents. 101.1333 Interference protection criteria. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 * ‚ £ F - . µ ¹ º ü µ ü ÿ‰PNG r v ‡ƒ"rÕ9
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-557A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-557A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-557A1.txt
  • 18, 2005. See Multiple Address Systems Spectrum Auction Closes - Winning Bidders Announced, Public Notice, 20 FCC Rcd 9551 (WTB 2005). CloudNine was the winning bidder for these MAS licenses in Auction No. 59. See The Wireless Telecommunications Bureau Announces the Grant of 21 Multiple Address Systems Licenses, Public Notice, 20 FCC Rcd 16203 (WTB 2005). See 47 C.F.R. § 101.1325(b). Petition for Waiver and Limited Extension of Deadline for Establishing Compliance with Section 101.1325 MAS Substantial Service Requirement, Exhibit 1 (Waiver Request). MAS Report and Order, 15 FCC Rcd at 11994 ¶ 94, citing 47 U.S.C. § 309(j)(3). The Commission has defined ``substantial service'' as ``service that is sound, favorable, and substantially above a level of mediocre service that just
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-557A1_Rcd.pdf
  • not shown that it was unable to meet its construction deadline because of causes beyond its control. First, we reject CloudNine's allegation that there is a lack of equipment suitable for MAS systems.16As mentioned above, the Commission has held two spectrum auctions for MAS licenses. In addition to the two MAS licensees noted by CloudNine who received 6See47 C.F.R. § 101.1325(b). 7Petition for Waiver and Limited Extension of Deadline for Establishing Compliance with Section 101.1325 MAS Substantial Service Requirement, Exhibit 1 (Waiver Request). 8MAS Report and Order, 15 FCC Rcd at 11994 ¶ 94, citing 47 U.S.C. § 309(j)(3). 9The Commission has defined "substantial service" as "service that is sound, favorable, and substantially above a level of mediocre service that just
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-218A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-218A1.txt
  • Rule reduces the regulatory burden on licensees, and will amend Section 101.5(b) of our Rules accordingly. On our motion, we will take this opportunity to make a ministerial amendment to the MAS definition contained in Section 101.3 of our Rules to conform it with the current uses of the MAS service. In addition, we will make ministerial amendments to Sections 101.1325 and 101.1333 of our Rules. First, we insert the word ``and'' between the words ``Incumbent'' and ``site-based'' in Section 101.1325(a). The word ``and'' was inadvertently omitted in previous publications of this rule section. Next, we will make a ministerial amendment to Section 101.1333(c) to correct the rule citation from Section 101.1329(b) to Section 101.1331(c). We find that notice and public
• 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
  • No. 01-108, Report and Order, 17 FCC Rcd 18401 (2002). See ``Wireless Telecommunications Bureau Approves Settlement Agreement between WWC License L.L.C. and WWC Holding Co., Inc. and N.E. Colorado Cellular Inc.,'' Public Notice, 17 FCC Rcd 26148 (rel. December 23, 2002). 47 C.F.R. § 24.203. See, e.g., 47 C.F.R. §§ 24.103(h) (narrowband PCS), 24.203(a) and (b) (broadband PCS), 101.1011 (LMDS); 101.1325 (MAS). See SPTF Report at 48-49. Id. In order to achieve these benefits, flexible build out rules may be necessary. To the extent overlays result in mutually exclusive applications for spectrum usage rights, competitive bidding is required. See 47 C.F.R. § 309(j). 47 C.F.R. § 309(j)(4)(B). We retain current benchmarks for geographic-area licensees but, as discussed in Section II.C.1, below,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.txt
  • competition among service providers in this band.'' 24 GHz Report and Order, 15 FCC Rcd at 16951. ``This approach [substantial service] will permit flexibility in system design and market development, while ensuring that service is being provided to the public.'' 39 GHz Report and Order, 12 FCC Rcd 18624. 47 C.F.R. §§ 1.946(c) and 1.955(a)(2). See also 47 C.F.R. § 101.1325. See 47 C.F.R. § 21.43(a). 2a) the delay is due to circumstances beyond the applicant's control, or 2b) there are unique and overriding public interest concerns. See 47 C.F.R. §§ 21.11(b), 21.40(b). A carrier who does not promptly construct facilities precludes others who are willing and able to construct from access to the spectrum.'' See Revision of Part 21 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4_Erratum.doc
  • competition among service providers in this band.'' 24 GHz Report and Order, 15 FCC Rcd at 16951. ``This approach [substantial service] will permit flexibility in system design and market development, while ensuring that service is being provided to the public.'' 39 GHz Report and Order, 12 FCC Rcd 18624. 47 C.F.R. §§ 1.946(c) and 1.955(a)(2). See also 47 C.F.R. § 101.1325. See 47 C.F.R. § 21.43(a). 2a) the delay is due to circumstances beyond the applicant's control, or 2b) there are unique and overriding public interest concerns. See 47 C.F.R. §§ 21.11(b), 21.40(b). A carrier who does not promptly construct facilities precludes others who are willing and able to construct from access to the spectrum.'' See Revision of Part 21 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-21A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-21A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-21A1.txt
  • 4 n.12 (quoting Letter from Amy J. Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau to John A. Prendergast, Esq., Counsel for New Wave Networks, L.L.C., 14 FCC Rcd 6323 (1999)). NextWave 1998 Petition at 7 (citations omitted). 47 C.F.R. § 1.2107(b). Id. § 1.2109(c). Id. § 1.2110(g)(1). See, e.g., id. §§ 1.946(c), 24.103(h); 24.203(a),(b); 90.155(a); 90.633(d); 101.1011(a); 101.1325(c). Id. Letter from William E. Kennard, General Counsel, and Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, to Leonard J. Kennedy, Esquire, and Richard C. Denning, Esquire, 11 FCC Rcd 21,572 (1996) (``Letter''). MetroPCS Petition at 3, 10. Letter, 11 FCC Rcd at 21,576. Id. (citing Debt Collection Act, as amended, 31 U.S.C. Chapter 37). Id. (citing Federal
• 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
  • 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); 90.665(c) (SMR MTA licensees); 90.685(b) (SMR EA licensees); 90.767 (220-222 MHz EA and Regional
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
  • 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); 90.665(c) (SMR MTA licensees); 90.685(b) (SMR EA licensees); 90.767 (220-222 MHz EA and Regional
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1_Erratum.doc
  • licenses that propose combinations of partitioning and disaggregation. Unjust enrichment. See § 1.2111(e) of this chapter. Construction requirements. (1) Disaggregation. Partial assignors and assignees for license disaggregation have two options to meet construction requirements. Under the first option, the disaggregator and disaggregatee would certify that they each will share responsibility for meeting the applicable construction requirements set forth in § 101.1325 of this subpart for the geographic service area. If parties choose this option and either party fails to meet the applicable construction requirements, both licenses would be subject to forfeiture at renewal. The second option allows the parties to agree that either the disaggregator or disaggregatee would be responsible for meeting the requirements in § 101.1325 of this subpart for
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  • licenses that propose combinations of partitioning and disaggregation. Unjust enrichment. See § 1.2111(e) of this chapter. Construction requirements. (1) Disaggregation. Partial assignors and assignees for license disaggregation have two options to meet construction requirements. Under the first option, the disaggregator and disaggregatee would certify that they each will share responsibility for meeting the applicable construction requirements set forth in § 101.1325 of this subpart for the geographic service area. If parties choose this option and either party fails to meet the applicable construction requirements, both licenses would be subject to forfeiture at renewal. The second option allows the parties to agree that either the disaggregator or disaggregatee would be responsible for meeting the requirements in § 101.1325 of this subpart for
• http://wireless.fcc.gov/auctions/59/resources/02_SWiggins.pdf
  • original licensee). ·Demonstrated compliance with rules, policies, and Communications Act. ·Explain record of expansion. ·Describe system investments. Substantial Service ·"service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal." ·May consider: ­Specialized or niche service ­Service to populations not served by others ·One-fifth coverage requirement (at 5 years) not waived. Sec. 101.1325. Technical Flexibility ·No limit (or showing required) for combination of contiguous channels by competitive bidding licensees. ·Co-channel interference: ­Signal strength limit of 40 dBuV/mat service area boundary, unless negotiated ­Frequency coordination required between co- channel adjacent EA licensees and other affected parties. Border Areas ·Licenses issued uniformly, without regard to border location or other restrictions on operation. ·Licensees' use subject
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=42
  • five years of the license grant. In addition, MAS EA licensees must make a showing of continued "substantial service" within ten years of the license grant. Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses as defined in 47 C.F.R. 101.1325(b). Bidding Credits Bidding credits are available to small and very small businesses or consortia thereof, (as defined in 47 C.F.R. 1.2110(c), 101.1319). A bidding credit represents the amount by which a bidders winning bids are discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the bidder, its affiliates, its
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=59
  • five years of the license grant. In addition, MAS EA licensees must make a showing of continued "substantial service" within ten years of the license grant. Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses as defined in 47 C.F.R. 101.1325(b). Bidding Credits Bidding credits are available to small and very small businesses or consortia thereof, (as defined in 47 C.F.R. 1.2110(c), 101.1319). A bidding credit represents the amount by which a bidders winning bids are discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the bidder, its affiliates, its
• http://wireless.fcc.gov/licensing/index.htm?job=const_req_by_service
  • substantial service to its licensed area within 10 years of initial license grant. TZ 101.527 At Renewal Multiple Address Systems (Geographic) Provide service to at least 1/5 of the population in its licensed area or substantial service within 5 years of initial license grant and make a showing of continued substantial service within 10 years of initial license grant. MS 101.1325(b) 5-year - 601 Main Form and Schedule K. 10-year - At Renewal. CAPTION: Broadcast Auxiliary Services Radio Service/Frequency Band Construction/Coverage Requirements Radio Service Code 47 C.F.R. Part Method of Notification Site-Based Construct and place into operation within 18 months of initial license grant. AB, AI, AS, TB, TI, TP, TS, TT 74.34(a) 601 Main Form and Schedule K Site-Based Construct
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99415.doc
  • licenses that propose combinations of partitioning and disaggregation. Unjust enrichment. See § 1.2111(e) of this chapter. Construction requirements. (1) Disaggregation. Partial assignors and assignees for license disaggregation have two options to meet construction requirements. Under the first option, the disaggregator and disaggregatee would certify that they each will share responsibility for meeting the applicable construction requirements set forth in § 101.1325 of this subpart for the geographic service area. If parties choose this option and either party fails to meet the applicable construction requirements, both licenses would be subject to forfeiture at renewal. The second option allows the parties to agree that either the disaggregator or disaggregatee would be responsible for meeting the requirements in § 101.1325 of this subpart for