FCC Web Documents citing 101.1413

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

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  • requirements to ensure prompt delivery of service to rural areas. .... Furthermore...the fact that Monet intends to provide broadband services, and not traditional voice services, to these sparsely-populated areas furthers the Commission's goal of bringing advanced services to rural areas.''). See, e.g., 47 C.F.R. § 22.940(a)(1)(i) (Cellular Radiotelephone Service); 47 C.F.R. § 27.14(a) (Wireless Communications Services); and 47 C.F.R. § 101.1413(b) (Multichannel Video Distribution and Data Service). See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18622-26, ¶¶ 39-50 (1997). See, e.g., Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service (``WCS''), Report and Order, 12 FCC Rcd
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  • See Report and Order and Second NPRM, 12 FCC Rcd at 18,625 ¶ 47. 70/80/90 GHz Report and Order at ¶ 80. Id., citing 47 C.F.R. § 101.65. See the comments cited at note 88 of the Report and Order and Second NPRM. The commenters supported the use of the substantial service standard. and accompanying discussion. See 47 C.F.R. § 101.1413 (West 2004 rev.). See, e.g., Report and Order and Second NPRM, 12 FCC Rcd at 18,623. See id. at 18,625 ¶ 46. See LMDS Second Report and Order, 12 FCC Rcd at 12,660 ¶ 270; WCS Report and Order, 12 FCC Rcd at 10,843-44; 218-219 MHz Service Report and Order, 15 FCC Rcd at 1,538 ¶ 70. See 70/80/90 GHz
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  • during their license terms. See supra section III.C.1. We note that the license term for Multichannel Video Distribution & Data Service (MVDDS) is ten years, and that a renewal expectancy for MVDDS is based on a showing of substantial service at the end of five years into the license period and ten years into the license period. 47 C.F.R. § 101.1413(a),(b); see Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in the KU-Band Frequency Range; Amendment of the Commission's Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7 Ghz Band by Direct Broadcast Satellite Licensees and Their Affiliates; Applications of Broadwave Usa, PDC Broadband Corporation, and
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  • * * * 6. Part 101, subpart P is revised to read as follows: Subpart P--Multichannel Video Distribution and Data Service Rules for the 12.2-12.7 GHz Band Sec. 101.1401 Service areas. 101.1403 Broadcast carriage requirements. 101.1405 Channeling plan. 101.1407 Permissible operations for MVDDS. 101.1409 Treatment of incumbent licensees. 101.1411 Regulatory status and eligibility. 101.1412 MVDDS eligibility restrictions for cable operators. 101.1413 License term and renewal expectancy. 101.1415 Partitioning and disaggregation. 101.1417 Annual report. 101.1421 Coordination of adjacent area MVDDS stations. 101.1423 Canadian and Mexican coordination. 101.1425 RF safety. 101.1427 MVDDS licenses subject to competitive bidding. 101.1429 Designated entities. 101.1440 MVDDS protection of DBS. § 101.1401 Service areas. Multichannel Video Distribution and Data Service (MVDDS) is licensed on the basis of Designated
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  • 3060-1009 FCC 499-M 01/31/09 3060-1012 Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, NPRM, Proposed ADA Certification 06/30/08 3060-1013 Mitigation of Orbital Debris 04/30/08 3060-1014 Ku-Band NGSO FSS Pending OMB Approval 3060-1015 Ultra Wideband Transmission Systems Operating Under Part 15 Pending OMB Approval 3060-1021 Sec. 25.139 11/30/08 3060-1022 Sec. 101.1403 01/31/09 3060-1023 Sec. 101.103 01/31/09 3060-1024 Sec. 101.1413 01/31/09 3060-1025 Sec. 101.1440 01/31/09 3060-1026 Sec. 101.1417 01/31/09 3060-1027 Sec. 27.602 03/31/06 3060-1028 International Signaling Point Code (ISPC) 10/31/08 3060-1029 Data Network Identification Code (DNIC) 10/31/08 3060-1030 Service Rules for Advanced Wireless Services (AWS) in the 1.7 GHz and 2.1 GHz Bands 01/31/09 3060-1031 Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems -
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  • (Television Channels 52-59) 11/30/08 3060-1009 FCC 499-M 01/31/09 3060-1012 Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, NPRM, Proposed ADA Certification 06/30/08 3060-1013 Mitigation of Orbital Debris 04/30/08 3060-1014 Ku-Band NGSO FSS 04/30/09 3060-1015 Ultra Wideband Transmission Systems Operating Under Part 15 04/30/09 3060-1021 Sec. 25.139 11/30/08 3060-1022 Sec. 101.1403 01/31/09 3060-1023 Sec. 101.103 01/31/09 3060-1024 Sec. 101.1413 01/31/09 3060-1025 Sec. 101.1440 01/31/09 3060-1026 Sec. 101.1417 01/31/09 3060-1027 Sec. 27.602 03/31/09 3060-1028 International Signaling Point Code (ISPC) 10/31/08 3060-1029 Data Network Identification Code (DNIC) 10/31/08 3060-1030 Service Rules for Advanced Wireless Services (AWS) in the 1.7 GHz and 2.1 GHz Bands 06/30/10 3060-1031 Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems -
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  • APPLICATIONS BY MULTICHANNEL VIDEO DISTRIBUTION AND DATA SERVICE (MVDDS) LICENSEES FOR WAIVER AND EXTENSION OF TIME TO DEMONSTRATE SUBSTANTIAL SERVICE Comment Date: July 10, 2009 Reply Comment Date: July 27, 2009 By this Public Notice, the Wireless Telecommunications Bureau (Bureau) seeks comment on applications, filed by licensees in the Multichannel Video Distribution and Data Service (MVDDS), seeking waivers of Section 101.1413 of the Commission's Rules and extensions of time to build out their licenses and demonstrate substantial service within their licensed areas. Each application was filed electronically in the Universal Licensing System (ULS). We seek comment on these waiver requests. MVDDS is a fixed wireless terrestrial service at 12.2-12.7 GHz authorized on a co-primary, non-harmful interference basis with incumbent Direct Satellite
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  • APPLICATIONS BY MULTICHANNEL VIDEO DISTRIBUTION AND DATA SERVICE (MVDDS) LICENSEES FOR WAIVER AND EXTENSION OF TIME TO DEMONSTRATE SUBSTANTIAL SERVICE Comment Date: July 10, 2009 Reply Comment Date: July 27, 2009 By this Public Notice, the Wireless Telecommunications Bureau (Bureau) seeks comment on applications, filed by licensees in the Multichannel Video Distribution and Data Service (MVDDS), seeking waivers of Section 101.1413 of the Commission's Rules1and extensions of time to build out their licenses and demonstrate substantial service within their licensed areas. Each application was filed electronically in the Universal Licensing System (ULS).2 We seek comment on these waiver requests. MVDDS is a fixed wireless terrestrial service at 12.2-12.7 GHz authorized on a co-primary, non- harmful interference basis with incumbent Direct Satellite
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  • equipment, DTVN states that it has had to commit to buy a certain amount of equipment and pay in advance for the supplier's non-recoverable engineering expenses incurred in developing the prototype equipment. Id. at 5. Id. at 4. Id. at 4; DTVN Comments at 2. Sixth Request at 4-5. Id. at 5. Id. Id. at 5-7. See 47 C.F.R. § 101.1413(a)-(b). Sixth Request at 6; DTVN Comments at 1-2. Sixth Request at 6; citing Public Notice, Wireless Telecommunications Bureau Seeks Comment on Applications by Multichannel Video Distribution and Data Service (MVDDS) Licensees for Waiver and Extension of Time to Demonstrate Substantial Service, DA 09-1306 (rel. June 10, 2009) (Public Notice). MVDDS licensees generally are seeking a five year extension of the
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  • obtain MVDDS prototype equipment, DTVN states that it has had to commit to buy a certain amount of equipment and pay in advance for the supplier's non-recoverable engineering expenses incurred in developing the prototype equipment. Id. at 5. 15Id. at 4. 16Id.at 4; DTVN Comments at 2. 17Sixth Requestat 4-5. 18Id.at 5. 19Id. 20Id. at 5-7. 21See 47 C.F.R. § 101.1413(a)-(b). 22Sixth Requestat 6; DTVN Comments at 1-2. 23Sixth Requestat 6; citing Public Notice, Wireless Telecommunications Bureau Seeks Comment on Applications by Multichannel Video Distribution and Data Service (MVDDS) Licensees for Waiver and Extension of Time to Demonstrate Substantial Service, DA 09-1306 (rel. June 10, 2009) (Public Notice). MVDDS licensees generally are seeking a five year extension of the substantial service
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  • - 40.0 GHz Frequency Band 3060-0718 WTB-BD Part 101, Governing the Terrestrial Microwave Fixed Radio Service 3060-0975 WTB-BD Sections 68.3 and 1.4000, Promotion of Competitive Networks in Local Telecommunications Markets Multiple Tenant Environments (MTEs) 3060-1021 WTB-BD Section 25.139, NGSO FSS Coordination and Information Sharing Between MVDDS Licensees in the 12.2 GHz to 12.7 GHz Band 3060-1022 WTB-BD Sections 101.1403, 101.103(f), 101.1413, 101.1440, and 101.1417, MVDDS and DBS Reporting and Third Party Disclosure Requirements 3060-1030 WTB-BD Service Rules for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands 3060-1070 WTB-BD Allocation and Service Rules for the 71-76 GHz, 81-86 GHz 92- 95 GHz Bands 3060-1094 WTB-BD Licensing, Operation, and Transition of the 2500-2690 MHz Band 3060-0192 WTB-MD Section 87.103, Posting
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  • 38.6 - 40.0 GHz Frequency Band 3060-0718 WTB-BD Part 101, Governing the Terrestrial Microwave Fixed Radio Service 3060-0975 WTB-BD Sections 68.3 and 1.4000, Promotion of Competitive Networks in Local Telecommunications Markets Multiple Tenant Environments(MTEs) 3060-1021 WTB-BD Section 25.139, NGSO FSS Coordination and Information Sharing Between MVDDS Licensees in the 12.2 GHz to 12.7 GHz Band 3060-1022 WTB-BD Sections 101.1403, 101.103(f), 101.1413, 101.1440, and 101.1417, MVDDS and DBS Reporting and Third Party Disclosure Requirements 8341 3060-1094 WTB-BD Licensing, Operation, and Transition of the 2500- 2690 MHz Band 3060-0192 WTB-MD Section 87.103, Posting Station License 3060-0202 WTB-MD Section 87.37 Developmental license 3060-0221 WTB-MD Section 90.155 (b) and (d), Time in Which Station Must be Placed in Operation 3060-0222 WTB-MD Section 97.213 Remote Control
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  • five-year deadlines for demonstrating substantial service for licenses won at Auction No. 53 were July 26, 2009, August 18, 2009, and September 23, 2009, as applicable, and the ten year deadlines are July 26, 2014, August 18, 2014, and September 23, 2014, as applicable. Between July 2008 and July 2009, the Commission received ten timely-filed requests for waiver of Section 101.1413 of the Commission's Rules and for an extension of time to construct under Section 1.946(e)(1) of the Commission's Rules. Most Licensees ask for a five-year extension of time to construct, which would be ten years from license grant and is the original construction deadline adopted by the Commission in the Second Report and Order. All of the Licensees maintain that
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  • 5See Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operations of NGSO FSS Systems Co- Frequency with GSO and Terrestrial Systems in the Ku-Band with Frequency Range; ET Docket No. 98-206, 17 FCC Rcd 9614 (2002) (Second Report and Order). 6Second Report and Order, 17 FCC Rcd 9614, 9684 ¶ 177. See also, 47 C.F.R. § 101.1413(b). 747 C.F.R. §101.1413(b). 8Second Report and Order, 17 FCC Rcd 9614, 9684 ¶ 177. See also, 47 C.F.R. § 101.1413(b). 9Second Report and Order, 17 FCC Rcd at 9684 ¶ 176. 10Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co- Frequency with GSO and Terrestrial Systems in the Ku-Band Frequency Range,
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  • alternative, if the Commission decides not to grant a waiver extension through the end of the current license term, DTVN requests an additional 360-day extension. Seventh Request at 6 n.19. Seventh Request at 3. See id. at 3-4 citing DTV Norwich, LLC Petition for Waiver and Extension of Time to Comply With the Commission's MVDDS Substantial Service Requirements in Section 101.1413, ULS File Nos. 0003516339 et al, at 12-13 (July 25, 2008) ("DTVN Construction Waiver and Extension Request). DTVN notes that virtually all MVDDS licensees filed similar requests. See Seventh Request at 4 citing In the Matter of Requests of Ten Licensees of 191 Licenses in the Multichannel Video and Data Distribution Service for Waiver of the Five-Year Deadline for Providing
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  • achieve compliance by, for example, partitioning its NY DMA MVDDS license, such an approach may not be the best compliance option once it is determined how best to deploy MVDDS service.24Thus, 16Seventh Request at 3. 17See id. at 3-4 citingDTV Norwich, LLC Petition for Waiver and Extension of Time to Comply With the Commission's MVDDS Substantial Service Requirements in Section 101.1413, ULS File Nos. 0003516339 et al, at 12-13 (July 25,2008) ("DTVN Construction Waiver and Extension Request). DTVN notes that virtually all MVDDS licensees filed similar requests. See Seventh Request at 4citing In the Matter of Requests of Ten Licensees of 191 Licenses in the Multichannel Video and Data Distribution Service for Waiver of the Five-Year Deadline for Providing Substantial Service,
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  • expertise DTVN already has developed in confirming the technical feasibility of MVDDS services.'' See ULS File No. 0004347931 (Description of Transaction and Public Interest Statement). DTVN Comments at 3. Seventh Request at 3. See Seventh Request at 3-5 citing DTV Norwich, LLC Petition for Waiver and Extension of Time to Comply With the Commission's MVDDS Substantial Service Requirements in Section 101.1413, ULS File Nos. 0003516339 et al, at 12-13 (July 25, 2008). DTVN notes that virtually all MVDDS licensees filed similar requests for waiver and extension and that virtually all MVDDS licenses were in regulatory limbo until the Commission granted the requests. See Seventh Request at 4 citing In the Matter of Requests of Ten Licensees of 191 Licenses in the
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  • able to build upon the expertise DTVN already has developed in confirming the technical feasibilityof MVDDS services." SeeULS File No. 0004347931 (Description of Transaction and Public Interest Statement). 18DTVN Comments at 3. 19Seventh Requestat 3. 20See Seventh Request at 3-5 citingDTV Norwich, LLC Petition for Waiver and Extension of Time toComply With the Commission's MVDDS Substantial Service Requirements in Section 101.1413, ULS File Nos. 0003516339 et al, at 12-13 (July 25, 2008). DTVN notes that virtually all MVDDS licensees filed similar requests for waiver and extension and that virtually all MVDDS licenses were in regulatory limbo until the Commission granted the requests. See Seventh Request at 4citing In the Matter of Requests of Ten Licensees of 191 Licenses in the Multichannel
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  • read as follows: A new subpart P is added to read as follows: Subpart P - Multichannel Video Distribution and Data Service Rules for the 12.2-12.7 GHz Band 101.1401 Service areas. 101.1403 Broadcast Carriage Requirements. 101.1405 Channeling plan. 101.1407 Permissible operations for MVDDS. 101.1409 Treatment of incumbent licensees. 101.1411 Regulatory status and eligibility. 101.1412 MVDDS eligibility restrictions for cable operators. 101.1413 License term and renewal expectancy. 101.1415 Partitioning and disaggregation. 101.1417 Annual report. 101.1421 Coordination of adjacent area MVDDS stations. 101.1423 Canadian and Mexican coordination. 101.1425 RF safety. 101.1427 MVDDS licenses subject to competitive bidding. 101.1429 Designated entities. 101.1440 MVDDS protection of DBS. Section 101.1417 in Appendix D is changed to read as follows: § 101.1417 Annual report. (a) Each MVDDS
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  • Multichannel Video Distribution and Data Service Rules for the 12.2-12.7 GHz Band Note: Because the Commission is seeking comment on various proposals in some instances, alternative text is shown under the relevant proposed section headings. 101.1401 Service areas. 101.1403 Must carry rules. 101.1405 Channeling plan. 101.1407 Permissible operations for MVDDS. 101.1409 Treatment of incumbent licensees. 101.1411 Regulatory status and eligibility. 101.1413 License term and renewal expectancy. 101.1415 Partitioning and disaggregation. 101.1417 Annual report. 101.1421 Coordination of adjacent area MVDDS stations. 101.1423 Canadian and Mexican coordination. 101.1425 RF safety. 101.1427 Over-the-air reception devices rules (OTARD). 101.1437 MVDDS licenses subject to competitive bidding. 101.1438 Designated entities. § 101.1401 Service areas. OPTION ONE: Multichannel Video Distribution and Data Service (MVDDS) is licensed on the
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  • A new subpart P is added to read as follows: Subpart P - Multichannel Video Distribution and Data Service Rules for the 12.2-12.7 GHz Band 101.1401 Service areas. 101.1403 Broadcast Carriage Requirements. 101.1405 Channeling plan. 101.1407 Permissible operations for MVDDS. 101.1409 Treatment of incumbent licensees. 101.1411 Regulatory status and eligibility. 101.1412 MVDDS eligibility restrictions for DBS operators and cable systems. 101.1413 License term and renewal expectancy. 101.1415 Partitioning and disaggregation. 101.1417 Annual report. 101.1421 Coordination of adjacent area MVDDS stations. 101.1423 Canadian and Mexican coordination. 101.1425 RF safety. 101.1427 MVDDS licenses subject to competitive bidding. 101.1429 Designated entities. 101.1440 MVDDS protection of DBS. § 101.1401 Service areas. Multichannel Video Distribution and Data Service (MVDDS) is licensed on the basis of Component
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  • read as follows: A new subpart P is added to read as follows: Subpart P - Multichannel Video Distribution and Data Service Rules for the 12.2-12.7 GHz Band 101.1401 Service areas. 101.1403 Broadcast Carriage Requirements. 101.1405 Channeling plan. 101.1407 Permissible operations for MVDDS. 101.1409 Treatment of incumbent licensees. 101.1411 Regulatory status and eligibility. 101.1412 MVDDS eligibility restrictions for cable operators. 101.1413 License term and renewal expectancy. 101.1415 Partitioning and disaggregation. 101.1417 Annual report. 101.1421 Coordination of adjacent area MVDDS stations. 101.1423 Canadian and Mexican coordination. 101.1425 RF safety. 101.1427 MVDDS licenses subject to competitive bidding. 101.1429 Designated entities. 101.1440 MVDDS protection of DBS. Section 101.1417 in Appendix D is changed to read as follows: § 101.1417 Annual report. (a) Each MVDDS
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  • requirements to ensure prompt delivery of service to rural areas. .... Furthermore...the fact that Monet intends to provide broadband services, and not traditional voice services, to these sparsely-populated areas furthers the Commission's goal of bringing advanced services to rural areas.''). See, e.g., 47 C.F.R. § 22.940(a)(1)(i) (Cellular Radiotelephone Service); 47 C.F.R. § 27.14(a) (Wireless Communications Services); and 47 C.F.R. § 101.1413(b) (Multichannel Video Distribution and Data Service). See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18622-26, ¶¶ 39-50 (1997). See, e.g., Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service (``WCS''), Report and Order, 12 FCC Rcd
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  • Estimates, September 2002, plus four FCC-defined DMA-like service areas: (1) Alaska - Balance of State (all geographic areas of Alaska not included in Nielsen's three DMAs for the state: Anchorage, Fairbanks, and Juneau); (2) Guam and the Northern Mariana Islands; (3) Puerto Rico and the United States Virgin Islands; and (4) American Samoa. * * * * * 3. Section 101.1413 is amended by revising paragraph (b) to read as follows: § 101.1413 License term and renewal expectancy. * * * * * (b) Application of a renewal expectancy is based a showing of substantial service at the end of five years into the license period and ten years into the license period. The substantial service requirement is defined as a
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  • Estimates, September 2002, plus four FCC-defined DMA-like service areas: (1) Alaska - Balance of State (all geographic areas of Alaska not included in Nielsen's three DMAs for the state: Anchorage, Fairbanks, and Juneau); (2) Guam and the Northern Mariana Islands; (3) Puerto Rico and the United States Virgin Islands; and (4) American Samoa. * * * * * 3. Section 101.1413 is amended by revising paragraph (b) to read as follows: § 101.1413 License term and renewal expectancy. * * * * * (b) Application of a renewal expectancy is based a showing of substantial service at the end of five years into the license period and ten years into the license period. The substantial service requirement is defined as a
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  • See Report and Order and Second NPRM, 12 FCC Rcd at 18,625 ¶ 47. 70/80/90 GHz Report and Order at ¶ 80. Id., citing 47 C.F.R. § 101.65. See the comments cited at note 88 of the Report and Order and Second NPRM. The commenters supported the use of the substantial service standard. and accompanying discussion. See 47 C.F.R. § 101.1413 (West 2004 rev.). See, e.g., Report and Order and Second NPRM, 12 FCC Rcd at 18,623. See id. at 18,625 ¶ 46. See LMDS Second Report and Order, 12 FCC Rcd at 12,660 ¶ 270; WCS Report and Order, 12 FCC Rcd at 10,843-44; 218-219 MHz Service Report and Order, 15 FCC Rcd at 1,538 ¶ 70. See 70/80/90 GHz
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  • and Data Service Licenses, Public Notice, DA 04-2331 (rel. July 27, 2004) (granting 154 licenses); Wireless Telecommunications Bureau Grants Multichannel Video Distribution and Data Service Licenses to South.Com LLC, DA 04-2547, Public Notice, (rel. Aug. 18, 2004) (granting 37 licenses); and DTV Norwich Waiver Order (granting license for MVD001). All of the grants are subject to conditions. 47 C.F.R. § 101.1413(a). 47 C.F.R. § 101.1413(b) and (c). The substantial service requirement is defined as a service that is sound, favorable, and substantially above a level of mediocre service which might minimally warrant renewal. At the end of five years into the license period and ten years into the license period, the Commission will consider factors such as: (1) whether the licensee's
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  • and Data Service Licenses, Public Notice, DA 04-2331 (rel. July 27, 2004) (granting 154 licenses); Wireless Telecommunications Bureau Grants Multichannel Video Distribution and Data Service Licenses to South.Com LLC, DA 04-2547, Public Notice, (rel. Aug. 18, 2004) (granting 37 licenses); and DTV Norwich Waiver Order (granting license for MVD001). All of the grants are subject to conditions. 47 C.F.R. § 101.1413(a). 47 C.F.R. § 101.1413(b) and (c). MVDDS licensees may use this spectrum for any digital fixed non-broadcast service (broadcast services are intended for reception of the general public and not on a subscribership basis) including one-way direct-to-home/office wireless service. Licensees are permitted to provide one-way video programming and data services on a non-common carrier and/or on a common carrier basis.
• 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
  • during their license terms. See supra section III.C.1. We note that the license term for Multichannel Video Distribution & Data Service (MVDDS) is ten years, and that a renewal expectancy for MVDDS is based on a showing of substantial service at the end of five years into the license period and ten years into the license period. 47 C.F.R. § 101.1413(a),(b); see Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in the KU-Band Frequency Range; Amendment of the Commission's Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7 Ghz Band by Direct Broadcast Satellite Licensees and Their Affiliates; Applications of Broadwave Usa, PDC Broadband Corporation, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.txt
  • New Personal Communications Services, Narrowband PCS, 15 FCC Rcd 10456, 10470-71 ¶¶ 27-28 (2000) (Narrowband PCS Order); Chasetel Licensee Corp., 17 FCC Rcd 9351, 9354-55 ¶¶ 8-11 (2002) (A substantial service showing may include the provision of residential, cutting-edge niche services to ``campus'' populations (business and educational) that are sparsely populated after normal school or work hours.); 47 C.F.R. § 101.1413(b) (Three factors to be considered in acting upon a substantial service showing are: (1) whether the licensee's operations serve niche markets, rural areas, or those outside the service areas of other licensees; (2) whether the licensee serves those with limited access to telecommunications services; and (3) a demonstration that a significant portion of the population or land area of the
• 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
  • (3) * * * (ii) If any mutually exclusive application filed on the earliest filing date is an application for modification, a same-day filing group is used. * * * * Section 90.743 is removed. PART 101-FIXED MICROWAVE SERVICES The authority citation for Part 101 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 303. Section 101.1327 is removed. Section 101.1413 is amended by revising the title and removing paragraphs (b) and (c) to read as follows: § 101.1413 License term. The MVDDS license term is ten years, beginning on the date of the initial authorization grant. APPENDIX B Initial Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended (RFA), the Commission has prepared this present
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
  • licensees to certify that they are continuing to operate consistent with their applicable construction notification(s) or authorization(s) (where the filing of construction notifications is not required), rather than making a renewal showing. Wireless Radio Services licensed by rule or on a "personal" basis or that have no construction/performance obligation are beyond the scope of this proceeding. (Continued from previous page) 101.1413 (multichannel video distribution and data service) are similar to the renewal rules of section 27.14(b)-(d), and should be removed. 31Id. at 2. AT&T notes that the Commission has estimated that a routine comparative renewal proceeding can take up to five years. Id. at 2-3, citing Implementation of Section 309(j) of the Telecommunications Act ­Competitive Bidding for Commercial Broadcast and Instructional
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.txt
  • Multichannel Video Distribution and Data Service Rules for the 12.2-12.7 GHz Band Note: Because the Commission is seeking comment on various proposals in some instances, alternative text is shown under the relevant proposed section headings. 101.1401 Service areas. 101.1403 Must carry rules. 101.1405 Channeling plan. 101.1407 Permissible operations for MVDDS. 101.1409 Treatment of incumbent licensees. 101.1411 Regulatory status and eligibility. 101.1413 License term and renewal expectancy. 101.1415 Partitioning and disaggregation. 101.1417 Annual report. 101.1421 Coordination of adjacent area MVDDS stations. 101.1423 Canadian and Mexican coordination. 101.1425 RF safety. 101.1427 Over-the-air reception devices rules (OTARD). 101.1437 MVDDS licenses subject to competitive bidding. 101.1438 Designated entities. § 101.1401 Service areas. OPTION ONE: Multichannel Video Distribution and Data Service (MVDDS) is licensed on the
• http://wireless.fcc.gov/auctions/53/releases/fc000418.pdf http://wireless.fcc.gov/auctions/53/releases/fc000418.txt
  • MULTICHANNEL VIDEO DISTRIBUTION AND DATA SERVICE RULES FOR THE 12.2-12.7 GHZ BAND Note: Because the Commission is seeking comment on various proposals in some instances, alternative text is shown under the relevant proposed section headings. 101.1401 Service areas. 101.1403 Must carry rules. 101.1405 Channeling plan. 101.1407 Permissible operations for MVDDS. 101.1409 Treatment of incumbent licensees. 101.1411 Regulatory status and eligibility. 101.1413 License term and renewal expectancy. 101.1415 Partitioning and disaggregation. 101.1417 Annual report. 101.1421 Coordination of adjacent area MVDDS stations. 101.1423 Canadian and Mexican coordination. 101.1425 RF safety. 101.1427 Over-the-air reception devices rules (OTARD). 101.1437 MVDDS licenses subject to competitive bidding. 101.1438 Designated entities. § 101.1401 Service areas. OPTION ONE: Multichannel Video Distribution and Data Service (MVDDS) is licensed on the
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • seek prior Commission approval before it can make this change. See Foreign Participation Order, 12 FCC Rcd at 23940-41 ¶¶ 111-118. 415 Further Notice, 16 FCC Rcd at 4210-11 ¶¶ 302-304. 416 Id. at 4211 ¶ 302. 417 Id. at 4211 ¶ 303. 418 Id. 419 The license term and renewal expectancy for MVDDS are codified at 47 C.F.R. § 101.1413. See Appendix D. Federal Communications Commission FCC 02-116 71 expectancy.420 We believe this approach to be in the public interest as it will ensure that MVDDS licensees use this spectrum efficiently and operate in compliance with our Rules. 176. We are cognizant of Congressional interest in quickly deploying local broadcast programming service to unserved and underserved areas.421 In our effort
• http://wireless.fcc.gov/auctions/53/resources/M_Pollak.doc http://wireless.fcc.gov/auctions/53/resources/M_Pollak.pdf
  • stations operating in accordance with the provisions of this part. Subpart P - Multichannel Video Distribution and Data Service Rules for the 12.2-12.7 GHz Band 101.1401 Service areas. 101.1403 Broadcast Carriage Requirements. 101.1405 Channeling plan. 101.1407 Permissible operations for MVDDS. 101.1409 Treatment of incumbent licensees. 101.1411 Regulatory status and eligibility. 101.1412 MVDDS eligibility restrictions for DBS operators and cable systems. 101.1413 License term and renewal expectancy. 101.1415 Partitioning and disaggregation. 101.1417 Annual report. 101.1421 Coordination of adjacent area MVDDS stations. 101.1423 Canadian and Mexican coordination. 101.1425 RF safety. 101.1427 MVDDS licenses subject to competitive bidding. 101.1429 Designated entities. 101.1440 MVDDS protection of DBS. § 101.1401 Service areas. Multichannel Video Distribution and Data Service (MVDDS) is licensed on the basis of Component
• http://wireless.fcc.gov/auctions/63/resources/03_MVDDS_rules.pdf
  • into license term term ··Must provide "substantial service" Must provide "substantial service" within 5 years of initial authorization. within 5 years of initial authorization. ··Must file a notice of compliance within Must file a notice of compliance within 15 days of the expiration of 5 15 days of the expiration of 5--year year-- period. period. ··See 47 C.F.R. §§ 1.946, 101.1413. See 47 C.F.R. §§ 1.946, 101.1413. Renewal Expectancy Renewal Expectancy ··Application of a renewal expectancy is based on a showing of sub Application of a renewal expectancy is based on a showing of substantial stantial service at the end of five years into the license period and ten service at the end of five years into the license period and
• http://wireless.fcc.gov/auctions/63/resources/MVDDS_rules_excerpts.doc http://wireless.fcc.gov/auctions/63/resources/MVDDS_rules_excerpts.pdf
  • licensee and does not have the ability to influence the licensee on a regular basis; and (d) That grant of a waiver is in the public interest because the benefits to the public of common ownership outweigh any potential anticompetitive harm to the market. [69 FR 31746, June 7, 2004, as amended at 69 FR 59146, Oct. 4, 2004] § 101.1413 License term and renewal expectancy. (a) The MVDDS license term is ten years, beginning on the date of the initial authorization grant. (b) Application of a renewal expectancy is based on a showing of substantial service at the end of five years into the license period and ten years into the license period. The substantial service requirement is defined as
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=53
  • using other spectrum or media for the return or upstream path. License Period and Construction Requirements MVDDS licenses are issued for a ten-year term beginning on the date of the initial authorization grant. 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. 101.1413). Each MVDDS licensee must provide "substantial service" within five years of the initial authorization grant. The renewal application of an MVDDS licensee must include a coverage map and other supporting documents showing compliance with the respective construction requirements within the ten-year benchmark of the date of their initial license as defined in 47 C.F.R. 101.1413(c). Bidding Credits Bidding credits were
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=63
  • notice of compliance within 15 days of the expiration of this period. (See 47 C.F.R. 1.946). Licensees have a renewal expectancy based on a showing of substantial service at the end of five years into the license period and ten years into the license period, and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. 101.1413). Because the five-year build out requirement covers years one through five, for purposes of earning a renewal expectancy, an MVDDS licensee must demonstrate provision of substantial service between years five and ten. The renewal application of an MVDDS licensee requires showings including a coverage map depicting the served and unserved areas and a corresponding description of current service in terms
• http://wireless.fcc.gov/licensing/index.htm?job=const_req_by_service
  • (Site-Based) Place in operation within 18 months of initial license grant. CE, CF (except 39 GHz RSA), CT (Fixed locations only), MG, MW, PE, WA, WM, WR 101.63 601 Main Form and Schedule K Multichannel Video & Distribution and Date Services (MVDSS) Provide substantial service to its licensed area within 5 years of initial license grant and 10 years. DV 101.1413 5-year - 601 Main Form and Schedule K. 10-year - At Renewal Local Multipoint Distribution Service (LMDS) Provide substantial service to its licensed area within 10 years of initial license grant. LD 101.1011 At Renewal 39 GHz Geographic Licenses Provide substantial service to its licensed area within 10 years of initial license grant. TN, (39 GHz RSA) 101.17 At Renewal
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  • Multichannel Video Distribution and Data Service Rules for the 12.2-12.7 GHz Band Note: Because the Commission is seeking comment on various proposals in some instances, alternative text is shown under the relevant proposed section headings. 101.1401 Service areas. 101.1403 Must carry rules. 101.1405 Channeling plan. 101.1407 Permissible operations for MVDDS. 101.1409 Treatment of incumbent licensees. 101.1411 Regulatory status and eligibility. 101.1413 License term and renewal expectancy. 101.1415 Partitioning and disaggregation. 101.1417 Annual report. 101.1421 Coordination of adjacent area MVDDS stations. 101.1423 Canadian and Mexican coordination. 101.1425 RF safety. 101.1427 Over-the-air reception devices rules (OTARD). 101.1437 MVDDS licenses subject to competitive bidding. 101.1438 Designated entities. § 101.1401 Service areas. OPTION ONE: Multichannel Video Distribution and Data Service (MVDDS) is licensed on the