FCC Web Documents citing 101.135

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.txt
  • the 37/42 GHz bands, and, accordingly, we propose the same approach here. We propose to allow those licensees who select common carrier regulatory status to provide private service, and those licensees who select private service regulatory status to share the use of their facilities on a non-profit basis or offer service on a for-profit, private carrier basis subject to Section 101.135 of our rules. We also propose to allow licensees who select private regulatory status to lease excess capacity to common carriers in accordance with Part 101.603 of our rules. Licensees would elect the status of the services they wish to offer and would be governed by the rules applicable to their status. The Commission tentatively concludes that this approach would
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2239A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2239A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2239A1.txt
  • basic qualifications remain unresolved is designed to prevent licensees from evading responsibility for misdeeds committed during the license period. Id. See In re Applications of AirTouch Communications, Inc. and Vodafone Group, Plc, Memorandum Opinion and Order, DA 99-1200, 1999 WL 413,237 (WTB rel. June 22, 1999) at ¶¶ 5-9. Petition at 10-11 (citing 47 C.F.R. § 101.603(b)(1); 47 C.F.R. § 101.135). Id. at 10. Opposition at 23-26. Reply at 13. As a peripheral matter, we note that the Wireless Telecommunications Bureau previously granted waiver to Datacom of the Part 101 restrictions on common carrier traffic across private 1850-1990 MHz stations. In the Matter of Rig Telephones, Inc. d/b/a Datacom, Order, 13 FCC Rcd 25391 (1998). Subsequent to that, the Bureau reversed
• 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
  • licenses in the Fixed Microwave Services. Need: The revised rules establish revised technical standards for the 24 GHz Service, Multiple Address Systems, and Operational Fixed Stations. Legal Basis: 47 U.S.C. 154 and 303. Section Number and Title: 101.101 Frequency availability. 101.103 Frequency coordination procedures. 101.105 Interference protection criteria. 101.109 Bandwidth. 101.111 Emission limitations. 101.113 Transmitter power limitations. 101.115 Directional antennas. 101.135 Shared use of radio stations and the offering of private carrier service. 101.139 Authorization of transmitters. 101.141 Microwave modulation. 101.143 Minimum path length requirements. 101.145 Interference to geostationary-satellites. 101.147 Frequency assignments. SUBPART E-MISCELLANEOUS COMMON CARRIER PROVISIONS Brief Description: Subpart E sets forth miscellaneous provisions applicable to Common Carrier microwave stations. Need: The revised rules apply requirements relating to discontinuance of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-78A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-78A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-78A1.txt
  • miles) -- a difference of approximately 14 seconds of latitude and 15 minutes and 16 seconds of longitude. Gila also appeared to be providing a private carrier service, as defined under section 101.3 of the Rules, to Hispanic Target Media, Inc., licensee of KUKY, an entity that is eligible for licensing under Part 90 of the Rules. Pursuant to section 101.135 of the Rules, a licensee of a Private Operational Fixed Point-to-Point Microwave radio station may provide private carrier service ``to any eligible entity for licensing under this part, regardless of individual eligibility restrictions, provided that the communications carried are permissible under section 101.603 of the Rules.'' At the time of the NAL, section 101.603(a)(7) of the Rules permitted licensees to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-190344A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-190344A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-190344A1.txt
  • ``Mobile operation is permitted on any of the MAS frequency bands on a primary basis.'' Note 1 in Section 101.109(c) is revised to read as follows: `` * * * If contiguous channels are aggregated in the 928-928.85/952-952.85/956.25-956.45 MHz, the 928.85-929/959.85-960 MHz, or the 932-932.5/941-941.5 MHz bands, then the bandwidth may exceed that which is listed in the table.'' Section 101.135 is revised to read as follows: `` * * * (e) Applicants licensed in the MAS frequencies after [insert 60 days after date of publication in the Federal Register], shall not provide service to others on a non-profit, cost-shared basis or on a for-profit private carrier basis in the 928-928.85/952-952.85/956.25-956.45 MHz bands and the 932.25625-932.49375/941.25625-941.49375 MHz bands.'' Section 101.147(a) as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296093A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296093A1.pdf
  • has been in continuous operation at the unauthorized location to the date of inspection; therefore, the violation was repeated. Gila appears to be providing a private carrier service, as defined under Section 101.3 of the Rules, to Hispanic Target Media, Inc., licensee of KUKY, an entity that is eligible for licensing under Part 90 of the Rules. Pursuant to Section 101.135 of the Rules, a licensee of a Private Operational Fixed Point-to-Point Microwave radio station may provide private carrier service to any eligible entity for licensing under this part, regardless of individual eligibility restrictions, provided that the communications being carried are permissible under Section 101.603 of the Rules. One of the restricted uses, pursuant to Section 101.603(a)(7) of the Rules, is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-33A1.txt
  • 5-8. See 47 C.F.R. § 101.603(b)(1). See Implementation of Sections 3(n) and 332 of the Communications Act, Regulatory Treatment of Mobile Services, Second Report and Order, GN Docket No. 93-252, 9 FCC Rcd 1411 (1994). See generally id. In addition, in the event we retain the general prohibition against POFS carriage of common carrier traffic, we propose to clarify Section 101.135(a), which states that entities may share their private systems with, or provide private carrier service to, "any eligible for licensing under this part, regardless of individual eligibility restrictions, provided that the communications being carried are permissible under § 101.603." 47 C.F.R. § 101.135(a) (emphasis added). This rule was incorporated directly from Part 94, so we believe that the reference to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-90A1.pdf
  • of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F) 1101, 1983 WL 183062 (1983). 102See 47 C.F.R. § 90.179. 103See 47 C.F.R. § 90.179(b). 104See also 47 C.F.R. § 101.135, permitting licensees of private operational fixed point-to-point microwave services to share the use of their facilities. 105See Frequency Coordination in the Private Land Mobile Radio Services, PR Docket No. 83-737, Report and Order, 103 FCC 2d 1093 (1986) ("1986 Report"). The Commission's frequency coordination requirement was established pursuant to authority, granted in 1982, "to utilize assistance furnished by advisory coordinating
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-90A1_Erratum.doc
  • of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F) 1101, 1983 WL 183062 (1983). See 47 C.F.R. § 90.179. See 47 C.F.R. § 90.179(b). See also 47 C.F.R. § 101.135, permitting licensees of private operational fixed point-to-point microwave services to share the use of their facilities. See Frequency Coordination in the Private Land Mobile Radio Services, PR Docket No. 83-737, Report and Order, 103 FCC 2d 1093 (1986) (``1986 Report''). The Commission's frequency coordination requirement was established pursuant to authority, granted in 1982, ``to utilize assistance furnished by advisory coordinating
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-171A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-171A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-171A1.txt
  • bands and twenty channels in the 932/941 MHz bands for such use. Additionally, we defined ``private internal service'' as ``a service where licensees use their authorized frequencies purely for internal business purposes or public safety communications and not on a for-hire or for-profit basis.'' In this connection, we prohibited all non-private internal use by future licensees. Specifically, our revised Section 101.135(e) prohibited the provision of service on a non-profit, cost-shared basis or on a for-profit private carrier basis in the 928/952/956 MHz and twenty channels in the 932/941 MHz MAS bands which are designated for private internal services. 1. Non-Profit Shared Use Discussion. CICC objects to our decision prohibiting service that is provided on a non-profit, cost-shared basis. Specifically, CICC states
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-171A1_Erratum.doc
  • bands and twenty channels in the 932/941 MHz bands for such use. Additionally, we defined ``private internal service'' as ``a service where licensees use their authorized frequencies purely for internal business purposes or public safety communications and not on a for-hire or for-profit basis.'' In this connection, we prohibited all non-private internal use by future licensees. Specifically, our revised Section 101.135(e) prohibited the provision of service on a non-profit, cost-shared basis or on a for-profit private carrier basis in the 928/952/956 MHz and twenty channels in the 932/941 MHz MAS bands which are designated for private internal services. 1. Non-Profit Shared Use Discussion. CICC objects to our decision prohibiting service that is provided on a non-profit, cost-shared basis. Specifically, CICC states
• 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
  • regulatory fee associated with FCC wireless application Form 601 is waived for applicants who are existing private operational fixed licensees seeking common carrier status, provided that such licensees have also complied with all other discontinuance requirements of Title II of the Act. Applicants are responsible for all other Commission regulatory fees. 12. The first sentence in paragraph (a) of Section 101.135 is revised to read as follows: § 101.135 Shared use of radio stations and the offering of private carrier service. * * * * * (a) Persons or governmental entities licensed to operate radio systems pursuant to subpart H of this part on any of the private radio frequencies set out in § 101.101 may share such systems with, or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.txt
  • a separate determination to exclude a service in the proceeding establishing service rules. Nothing in this Report and Order is intended to supplant any existing rules or policies permitting shared operation of facilities, private carrier operation, or the sale of excess capacity on a licensee's system. See, e.g., 47 C.F.R. §§ 90.179 (share use/private carrier operation of Part 90 facilities), 101.135 (shared use/private carrier operation in the Private Operational Fixed Point-to-Point Microwave Service), 101.603 (leasing of excess capacity in the Private Operational Fixed Point-to-Point Microwave Service). Unlike other Part 80 Maritime services, these VHF Public Coast Station licenses were awarded pursuant to auction and involve a geographic area, flexible, and exclusive use licensing scheme similar to that of many of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
  • a separate determination to exclude a service in the proceeding establishing service rules. Nothing in this Report and Order is intended to supplant any existing rules or policies permitting shared operation of facilities, private carrier operation, or the sale of excess capacity on a licensee's system. See, e.g., 47 C.F.R. §§ 90.179 (share use/private carrier operation of Part 90 facilities), 101.135 (shared use/private carrier operation in the Private Operational Fixed Point-to-Point Microwave Service), 101.603 (leasing of excess capacity in the Private Operational Fixed Point-to-Point Microwave Service). Unlike other Part 80 Maritime services, these VHF Public Coast Station licenses were awarded pursuant to auction and involve a geographic area, flexible, and exclusive use licensing scheme similar to that of many of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.txt
  • the 37/42 GHz bands, and, accordingly, we propose the same approach here. We propose to allow those licensees who select common carrier regulatory status to provide private service, and those licensees who select private service regulatory status to share the use of their facilities on a non-profit basis or offer service on a for-profit, private carrier basis subject to Section 101.135 of our rules. We also propose to allow licensees who select private regulatory status to lease excess capacity to common carriers in accordance with Part 101.603 of our rules. Licensees would elect the status of the services they wish to offer and would be governed by the rules applicable to their status. The Commission tentatively concludes that this approach would
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F) 1101, 1983 WL 183062 (1983). See 47 C.F.R. § 90.179. See 47 C.F.R. § 90.179(b). See also 47 C.F.R. § 101.135, permitting licensees of private operational fixed point-to-point microwave services to share the use of their facilities. See Frequency Coordination in the Private Land Mobile Radio Services, PR Docket No. 83-737, Report and Order, 103 FCC 2d 1093 (1986) (``1986 Report''). The Commission's frequency coordination requirement was established pursuant to authority, granted in 1982, ``to utilize assistance furnished by advisory coordinating
• http://wireless.fcc.gov/auctions/30/releases/fc970391.pdf http://wireless.fcc.gov/auctions/30/releases/fc970391.txt http://wireless.fcc.gov/auctions/30/releases/fc970391.wp
  • spectrum or partitioned area for the remainder of the original license term. We conclude that this approach is appropriate because we should not bestow greater rights to a licensee receiving its authorization pursuant to partitioning or spectru m disaggregation than we awarded under the terms of the original license grant. NPRM and Order, 11 FCC Rcd 4976-77. 153 47 C.F.R. §101.135. 154 See Part 101 Report and Order at paras. 37-39. 155 36 7. Regulatory Status 75. Background. In the NPRM and Order we requested comment on whether a new licensee in the 39 GHz band should be allowed to use the spectrum for private use and also to provide a common carrier service.153 76. Discussion. We conclude that 39 GHz
• http://wireless.fcc.gov/auctions/33/releases/fc000090.doc http://wireless.fcc.gov/auctions/33/releases/fc000090.pdf http://wireless.fcc.gov/auctions/33/releases/fc000090.txt
  • of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F) 1101, 1983 WL 183062 (1983). See 47 C.F.R. § 90.179. See 47 C.F.R. § 90.179(b). See also 47 C.F.R. § 101.135, permitting licensees of private operational fixed point-to-point microwave services to share the use of their facilities. See Frequency Coordination in the Private Land Mobile Radio Services, PR Docket No. 83-737, Report and Order, 103 FCC 2d 1093 (1986) (``1986 Report''). The Commission's frequency coordination requirement was established pursuant to authority, granted in 1982, ``to utilize assistance furnished by advisory coordinating
• http://wireless.fcc.gov/auctions/42/releases/da000307.doc http://wireless.fcc.gov/auctions/42/releases/da000307.pdf http://wireless.fcc.gov/auctions/42/releases/da000307.txt
  • ``Mobile operation is permitted on any of the MAS frequency bands on a primary basis.'' Note 1 in Section 101.109(c) is revised to read as follows: `` * * * If contiguous channels are aggregated in the 928-928.85/952-952.85/956.25-956.45 MHz, the 928.85-929/959.85-960 MHz, or the 932-932.5/941-941.5 MHz bands, then the bandwidth may exceed that which is listed in the table.'' Section 101.135 is revised to read as follows: `` * * * (e) Applicants licensed in the MAS frequencies after [insert 60 days after date of publication in the Federal Register], shall not provide service to others on a non-profit, cost-shared basis or on a for-profit private carrier basis in the 928-928.85/952-952.85/956.25-956.45 MHz bands and the 932.25625-932.49375/941.25625-941.49375 MHz bands.'' Section 101.147(a) as
• http://wireless.fcc.gov/auctions/42/releases/fc010171.doc http://wireless.fcc.gov/auctions/42/releases/fc010171.pdf http://wireless.fcc.gov/auctions/42/releases/fc010171.txt
  • bands and twenty channels in the 932/941 MHz bands for such use. Additionally, we defined ``private internal service'' as ``a service where licensees use their authorized frequencies purely for internal business purposes or public safety communications and not on a for-hire or for-profit basis.'' In this connection, we prohibited all non-private internal use by future licensees. Specifically, our revised Section 101.135(e) prohibited the provision of service on a non-profit, cost-shared basis or on a for-profit private carrier basis in the 928/952/956 MHz and twenty channels in the 932/941 MHz MAS bands which are designated for private internal services. 1. Non-Profit Shared Use Discussion. CICC objects to our decision prohibiting service that is provided on a non-profit, cost-shared basis. Specifically, CICC states
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000307.doc
  • ``Mobile operation is permitted on any of the MAS frequency bands on a primary basis.'' Note 1 in Section 101.109(c) is revised to read as follows: `` * * * If contiguous channels are aggregated in the 928-928.85/952-952.85/956.25-956.45 MHz, the 928.85-929/959.85-960 MHz, or the 932-932.5/941-941.5 MHz bands, then the bandwidth may exceed that which is listed in the table.'' Section 101.135 is revised to read as follows: `` * * * (e) Applicants licensed in the MAS frequencies after [insert 60 days after date of publication in the Federal Register], shall not provide service to others on a non-profit, cost-shared basis or on a for-profit private carrier basis in the 928-928.85/952-952.85/956.25-956.45 MHz bands and the 932.25625-932.49375/941.25625-941.49375 MHz bands.'' Section 101.147(a) as
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002239.doc
  • basic qualifications remain unresolved is designed to prevent licensees from evading responsibility for misdeeds committed during the license period. Id. See In re Applications of AirTouch Communications, Inc. and Vodafone Group, Plc, Memorandum Opinion and Order, DA 99-1200, 1999 WL 413,237 (WTB rel. June 22, 1999) at ¶¶ 5-9. Petition at 10-11 (citing 47 C.F.R. § 101.603(b)(1); 47 C.F.R. § 101.135). Id. at 10. Opposition at 23-26. Reply at 13. As a peripheral matter, we note that the Wireless Telecommunications Bureau previously granted waiver to Datacom of the Part 101 restrictions on common carrier traffic across private 1850-1990 MHz stations. In the Matter of Rig Telephones, Inc. d/b/a Datacom, Order, 13 FCC Rcd 25391 (1998). Subsequent to that, the Bureau reversed
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00033.doc
  • 5-8. See 47 C.F.R. § 101.603(b)(1). See Implementation of Sections 3(n) and 332 of the Communications Act, Regulatory Treatment of Mobile Services, Second Report and Order, GN Docket No. 93-252, 9 FCC Rcd 1411 (1994). See generally id. In addition, in the event we retain the general prohibition against POFS carriage of common carrier traffic, we propose to clarify Section 101.135(a), which states that entities may share their private systems with, or provide private carrier service to, "any eligible for licensing under this part, regardless of individual eligibility restrictions, provided that the communications being carried are permissible under § 101.603." 47 C.F.R. § 101.135(a) (emphasis added). This rule was incorporated directly from Part 94, so we believe that the reference to
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F) 1101, 1983 WL 183062 (1983). See 47 C.F.R. § 90.179. See 47 C.F.R. § 90.179(b). See also 47 C.F.R. § 101.135, permitting licensees of private operational fixed point-to-point microwave services to share the use of their facilities. See Frequency Coordination in the Private Land Mobile Radio Services, PR Docket No. 83-737, Report and Order, 103 FCC 2d 1093 (1986) (``1986 Report''). The Commission's frequency coordination requirement was established pursuant to authority, granted in 1982, ``to utilize assistance furnished by advisory coordinating
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981687.pdf
  • necessary 1s engineering and site planning. With the use of competitive bidding mandated for these bands, it is no longer necessary to require prior site availability for these bands. Limitations on use of transmitters ($ 101.133) should be eliminated; restrictions on the use of private microwave transmitters are no longer necessary. Restrictions on the shared use of radio stations (5 101.135) should be eliminated; specifically, the requirement to maintain an up-to-date list of system sharers of facilities and their basis for eligibility is unnecessary. c-5
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-296093A1.html
  • been in continuous operation at the unauthorized location to the date of inspection; therefore, the violation was repeated. 7. Gila appears to be providing a private carrier service, as defined under Section 101.3 of the Rules, to Hispanic Target Media, Inc., licensee of KUKY, an entity that is eligible for licensing under Part 90 of the Rules. Pursuant to Section 101.135 of the Rules, a licensee of a Private Operational Fixed Point-to-Point Microwave radio station may provide private carrier service to any eligible entity for licensing under this part, regardless of individual eligibility restrictions, provided that the communications being carried are permissible under Section 101.603 of the Rules. One of the restricted uses, pursuant to Section 101.603(a)(7) of the Rules, is