FCC Web Documents citing 101.17

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

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  • entity. Disaggregation allows for multiple transmitters in the same area operated by different companies (thus, the possibility of harmful interference increases). See Partitioning and Disaggregation discussion at para. 91. See 47 C.F.R. �� 101.56(g)-(h). See 47 C.F.R. �� 101.535(d)-(e). See 47 C.F.R. �� 101.1111(d)-(e). Cf. 47 C.F.R. �� 22.940(a)(2)(i)-(iv). See e.g., 47 C.F.R. � 22.940(a)(1)(i). See, e.g. 47 C.F.R. �� 101.17(b), 101.1011(a). See, e.g. 47 C.F.R. � 101.1011(a). See 47 C.F.R. � 101.63(a). See 47 C.F.R. � 101.63(b). See 47 C.F.R. � 1.1307. See, e.g. 47 C.F.R. � 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 47 C.F.R. � 1.924. This coordination may be necessary depending on the final rules adopted in this proceeding, near a limited number of
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  • flexibility in meeting their construction requirements. 47 C.F.R. � 24.203. 47 C.F.R. � 24.203. 47 C.F.R. � 90.763(b)(1)(i)(A). Note that 38 dbu is equivalent to -84 dbm, assuming an antenna gain of 0 dbd. 47 C.F.R. �� 90.693(b), 90.683, 90.621. Note that 40 dbu is equivalent to -93 dbm, assuming an antenna gain of 0 dbd. 47 C.F.R. �� 101.527, 101.17. The Consumer & Governmental Affairs Bureau (CGB) recently announced significant new outreach initiatives in these defined regions in light of the disproportionate number of households without basic telephone service compared to the Nation overall. See ``FCC Commences Lands of Opportunity Initiative for Rural America: Access to Affordable and Quality Telecommunications Services in Rural America,'' News Release, 2003 WL 21804679 (rel.
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  • of license expiration. However, in 1997, in the Report and Order and Second NPRM, the Commission determined that, in order to promote flexibility in system design and market development, it would combine the performance standards required for build-out with the requirements for renewal expectancy into one showing of substantial service at the time of license renewal, in accordance with Section 101.17(a). In the 70/80/90 GHz Report and Order, the Commission followed a different approach consistent with its link-by-link registration framework. It adopted a requirement that a licensee construct a link within 12 months after registering it with a third-party database manager. The database manager is required to withdraw unconstructed links from the database after 12 months, and forfeiture and termination of
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  • 418-0680. Action by the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. 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 Rulemaking, 12 FCC Rcd 18600, 18620-18621 � 36 (1997) (39 GHz R&O). Id. at 12 FCC Rcd 18623, � 41. See 47 C.F.R. � 101.17. 39 GHz R&O, 12 FCC Rcd at 18624, � 46. Id. at 12 FCC Rcd 18625, � 46. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov 9 C F G H K h k � � � � (c)
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  • substantial service showing might consist of four links per million population within a service area. The Commission specifically declined to exempt the incumbent 39 GHz licensees from this new ``substantial service'' renewal standard. On January 29, 2001, Mountain Microwave filed renewal applications for its 39 GHz band Stations WPNE403, Eureka, California and WPNE749, Mt. Lassen, California. In accordance with Section 101.17 of the Commission's Rules, Mountain Microwave attached its substantial service showing to the subject renewal applications. Mountain Microwave's applications were accepted for filing on February 7, 2001. Pursuant to Section 1.939 of the Commission's Rules, the deadline for filing petitions to deny against Mountain Microwave's applications was March 9, 2001. On March 29, 2001, TRW was granted a license for
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  • one example of a substantial service showing might consist of four links per million population within a service area. The Commission specifically declined to exempt the incumbent 39 GHz band licensees from this new ``substantial service'' renewal standard. On January 30, 2001, ART filed renewal applications for its 39 GHz band Stations WMK257, in Altoona, Pennsylvania. In accordance with Section 101.17 of the Commission's Rules, ART attached its substantial service showing to the subject renewal applications. ART's application was accepted for filing on February 7, 2001. Pursuant to Section 1.939 of the Commission's Rules, the deadline for filing petitions to deny against ART's applications was March 9, 2001. Mr. Beyerle states that he attempted to file the Petition through the Universal
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  • population within a service area. The Commission specifically declined to exempt the incumbent 39 GHz band licensees from this new ``substantial service'' renewal standard. On January 29, 2001, GEC filed renewal applications for its 39 GHz band Stations WPNE290, located in the area of Colorado Springs, Colorado and WPNG380, located in the area of Cleveland, Ohio. In accordance with Section 101.17 of the Commission's Rules, GEC attached its substantial service showing to the subject renewal applications. GEC's applications were accepted for filing on February 7, 2001. Pursuant to Section 1.939 of the Commission's Rules, the deadline for filing petitions to deny against GEC's applications was March 9, 2001. On April 16, 2001, TRW filed its Petition to Deny against the subject
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  • substantial service showing might consist of four links per million population within a service area. The Commission specifically declined to exempt the incumbent 39 GHz band licensees from this new ``substantial service'' renewal standard. On January 29, 2001, Spectrum filed renewal applications for its 39 GHz band Stations WPNE976, Eureka, California and WPNE984, Mt. Lassen, California. In accordance with Section 101.17 of the Commission's Rules, Spectrum attached its substantial service showing to the subject renewal applications. Spectrum's applications were accepted for filing on February 7, 2001. Pursuant to Section 1.939 of the Commission's Rules, the deadline for filing petitions to deny against Spectrum's applications was March 9, 2001. On March 29, 2001, TRW was granted a license for the Redding, California
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  • Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. 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 Rulemaking, 12 FCC Rcd 18600, 18620-18621 � 36 (1997) (39 GHz R&O). Id. at 12 FCC Rcd 18623 � 41. See 47 C.F.R. � 101.17. 39 GHz R&O, 12 FCC Rcd at 18624 � 46. Id. at 12 FCC Rcd 18625 � 46. Petition to Deny, filed by TRW Inc. on April 4, 2001 (``Petition to Deny''). Motion to Withdraw, filed by TRW Inc. on May 15, 2001. Section 1.935(a)(1) of the Commission's Rules requires that the party withdrawing a petition to deny must certify,
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  • 39 GHz band auction, filed a petition seeking clarification of two issues that have arisen from the initial grant of licenses to winners in the 39 GHz band auction. First, the initial 39 GHz band auction licenses granted contained a ``1st Buildout Date'' of eighteen months after the license was granted. WCA contends that this date is contrary to Section 101.17 of the Commission's Rules, which requires that a 39 GHz band licensee ``demonstrate substantial service at the time of license renewal.'' According to the Commission's Rules license renewal is ten years from the date the license was granted. Second, WCA notes that the 39 GHz band auction licenses do not, on their face, contain an express condition stating that auction
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  • example of a substantial service showing might consist of four links per million population within a service area. The Commission specifically declined to exempt the incumbent 39 GHz band licensees from this new ``substantial service'' renewal standard. On January 31, 2001, Commco filed a renewal application for its 39 GHz band Station WPJC568 in Pittsburgh, Pennsylvania. In accordance with Section 101.17 of the Commission's Rules, Commco attached its substantial service showing to the subject renewal applications. Commco's application was accepted for filing on February 7, 2001. Pursuant to Section 1.939 of the Commission's Rules, the deadline for filing petitions to deny against Commco's applications was March 9, 2001. Mr. Beyerle states that he attempted to file the Petition through the Universal
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  • and B have complied with the substantial service showing required under Part 101 of the Commission's Rules. We therefore grant these applications because we believe it will serve the public interest, convenience and necessity. Accordingly, IT IS ORDERED, that, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) 309(a), and Section 101.17 of the Commission's Rules, 47 C.F.R. � 101.17, the applications for renewal in the common carrier microwave service contained in Appendices A and B to this Memorandum Opinion and Order ARE GRANTED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Ramona E. Melson
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  • and B have complied with the substantial service showing required under Part 101 of the Commission's Rules. We therefore grant these applications because we believe it will serve the public interest, convenience and necessity. Accordingly, IT IS ORDERED, that, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) 309(a), and Section 101.17 of the Commission's Rules, 47 C.F.R. � 101.17, the applications for renewal in the common carrier microwave service contained in Appendices A and B to this Memorandum Opinion and Order ARE GRANTED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Ramona E. Melson
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  • Section 1.934(c) for failure to prosecute. As noted above, applications dismissed and later refiled will lose their original place in the processing line and be treated as newly-filed applications. 5. On January 22, 2001, PBW timely filed license renewal applications for the above captioned stations. PBW failed, however, to include substantial service showings with the applications, as required by Section 101.17 of the Commission's Rules. As a result of this failure, on September 5, 2001, we dismissed PBW's license renewal applications. On September 17, 2001, Cingular filed a reconsideration petition seeking reinstatement of the licenses to PBW to operate the above captioned stations. Cingular asserts that PBW does provide substantial service in the operation of the three subject stations, and provided
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  • 250,000 people located within its service area. On March 13, 1995 and November 30, 1995, respectively, Commco was issued licenses for 39 GHz Stations WMT808, located in the area of Norfolk, Virginia, and WMW531, located in the area of Mt. Lassen, California. On January 31, 2001, Commco filed renewal applications for its stations WMT808 and WMW531. In accordance with Section 101.17 of the Commission's Rules, Commco attached its substantial service showing to the subject renewal applications. Commco's applications were accepted for filing on February 7, 2001. In its renewal application for Station WMT808, Commco demonstrated that it constructed six links in its service area, which contains a population of 1,511,187. In its renewal application for Station WMW531, Commco demonstrated that it
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  • substantial investment, and accommodated its equipment needs in the San Diego, California region. This level of effort in such a short time demonstrates that PBW is addressing the Commission's concern that it use spectrum to provide service. Thus, we believe that PBW has successfully demonstrated that it is providing substantial service through its operation of Station WMT596 and satisfies Section 101.17 of the Commission's Rules. We conclude, therefore, that PBW has demonstrated sufficiently that grant of renewal license for Station WMT596 is warranted under the circumstances presented. iV. CONCLUSION AND ORDERING CLAUSES 14. Based upon our review of PBW's amended renewal applications, we conclude that PBW has demonstrated sufficiently its provisions of substantial service for Stations WMT596 and WMT597 and that
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  • Competitive Bidding Conforming Edits Order, the Wireless Telecommunications Bureau modified certain Part 101 rules pertaining to competitive bidding for the Fixed Microwave services, DEMS service, LMDS, and Multiple Address Systems (MAS) service to conform with the general competitive bidding rules set forth in Part 1 of the Commission's rules. Comments Winstar recommends that the Commission amend the requirement in section 101.17 that licensees in the 38.6-40.0 GHz band (39 GHz band) demonstrate ``substantial service'' at the time of license renewal. Winstar contends that requiring such a showing as a condition precedent to license renewal is inconsistent with prior Commission rules and precedent which only used ``substantial service'' as a factor for justifying a renewal expectancy. Recommendation The Part 101 rules commented
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  • Competitive Bidding Conforming Edits Order, the Wireless Telecommunications Bureau modified certain Part 101 rules pertaining to competitive bidding for the Fixed Microwave services, DEMS service, LMDS, and Multiple Address Systems (MAS) service to conform with the general competitive bidding rules set forth in Part 1 of the Commission's rules. Comments Winstar recommends that the Commission amend the requirement in section 101.17 that licensees in the 38.6-40.0 GHz band (39 GHz band) demonstrate ``substantial service'' at the time of license renewal. Winstar contends that requiring such a showing as a condition precedent to license renewal is inconsistent with prior Commission rules and precedent which only used ``substantial service'' as a factor for justifying a renewal expectancy. Recommendation The Part 101 rules commented
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  • and later remove the wireless links once fiber is deployed. Thus, service providers use the 39 GHz band in a dynamic, customer-responsive fashion to meet service needs when they arise, and can quickly redeploy that equipment as customer needs evolve. conclusion and ordering clauses For the reasons set forth above, we conclude that Winstar has demonstrated, as required by Section 101.17 of the Commission's rules, 47 C.F.R. � 101.17, that it is providing substantial service in the markets that are the subject of the renewal applications listed in the Appendix. Accordingly, IT IS ORDERED, that, pursuant to Sections 4(i) and 308(b) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) 308(b), and Section 101.17 of the Commission's Rules,
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  • levels of spectrum use. Further, the Commission specifically declined to exempt the incumbent 39 GHz band licensees from the ``substantial service'' renewal showing. On December 29, 2000, Biztel filed a renewal application for its 39 GHz band Station WMT884, and on January 5, 2005, it filed a renewal application for its 39 GHz band Station WPJA898. In accordance with Section 101.17 of the Commission's Rules, Biztel attached its substantial service showings to the subject renewal applications. However, based upon its review of these applications and the attachments thereto, the Division, on May 13, 2002, communicated to Biztel that the Division needed additional information in order to determine whether Biztel had provided substantial service with respect to the subject stations. Biztel provided
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  • by IDT Spectrum on August 30, 2006 seeking (1) waivers of 47 C.F.R. �� 1.949(b), 101.67 to extend the license periods for 103 Fixed Service (FS) licenses in the 38.6 - 40.0 GHz band (39 GHz band) to October 18, 2010 and (2) waivers and extensions of time to comply with the substantial service requirements set-forth in 47 C.F.R. � 101.17(a) for those 103 licenses. The Petition, as filed with respect to those 103 FS licenses, will be addressed in a separate order. IDT filed a ``Request for Waiver and Extension of Time, or in the Alternative, a Finding of Substantial Service'' for Station WPOI485 on January 31, 2006. See File No. 0002468832 (filed Jan. 31, 2006) (extension of time application);
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  • Sec. 76.946 05/31/08 3060-0674 Sec. 76.1618 10/31/08 3060-0678 FCC 312, Schedule S 03/31/10 3060-0681 Secs. 52.103 and 52.105 10/31/09 3060-0685 FCC 1210 and FCC 1240 04/30/09 3060-0686 Streamlining the International Section 214 Authorization Process and Tariff Requirements 02/28/09 3060-0687 Access to Telecommunications Equipment and Services by Persons with Disabilities, CC Docket No. 87-124 05/31/09 3060-0688 FCC 1235 01/31/08 3060-0690 Sec. 101.17 09/30/09 3060-0691 Sec. 90.665 07/31/10 3060-0692 Home Wiring Provisions 03/31/10 3060-0695 Sec. 87.219 01/31/09 3060-0698 Amendment of the Commission's Rules to Establish a Radio Astronomy Coordination Zone in Puerto Rico, Report and Order, ET Docket No. 96-2 11/30/07 3060-0700 FCC 1275 07/31/10 3060-0703 FCC 1205 04/30/09 3060-0704 Policy and Rules Concerning the Interstate, Interexchange Marketplace; Implementation of Section 254(g) of
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  • licenses. On August 30, 2006, IDT Spectrum filed 103 applications seeking waivers of Sections 1.949(b) and 101.67 of the Commission's Rules to extend the license periods for 103 39 GHz rectangular service area licenses to October 18, 2010. IDT Spectrum also therein requested waivers of and extensions of time to comply with the substantial service requirements set forth in Section 101.17(a) of the Commission's Rules for those 103 licenses. Specifically, IDT Spectrum requested that the Commission extend the license terms for the 103 39 GHz licenses beyond their 10-year license terms and accord IDT Spectrum a uniform expiration date of October 18, 2010 for all of the subject licenses. According to IDT Spectrum, such an action would serve the public interest
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  • Sec. 76.946 02/28/11 3060-0674 Sec. 76.1618 08/31/11 3060-0678 FCC 312, Schedule S 03/31/10 3060-0681 Secs. 52.103 and 52.105 10/31/09 3060-0685 FCC 1210 and FCC 1240 04/30/09 3060-0686 Streamlining the International Section 214 Authorization Process and Tariff Requirements 02/28/09 3060-0687 Access to Telecommunications Equipment and Services by Persons with Disabilities, CC Docket No. 87-124 05/31/09 3060-0688 FCC 1235 11/30/10 3060-0690 Sec. 101.17 09/30/09 3060-0691 Sec. 90.665 07/31/10 3060-0692 Home Wiring Provisions 03/31/10 3060-0695 Sec. 87.219 01/31/09 3060-0698 Secs. 23.20, 25.203, and 73.1030, Radio Astronomy Coordination Zone in Puerto Rico 11/30/10 3060-0700 FCC 1275 07/31/10 3060-0703 FCC 1205 04/30/09 3060-0704 Policy and Rules Concerning the Interstate, Interexchange Marketplace; Implementation of Section 254(g) of the Communications Act of 1934, as amended, CC Docket No.
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  • is the licensee of record and a wholly-owned subsidiary of FiberTower, filed 214 applications seeking waivers of Sections 1.949(b) and 101.67 of the Commission's Rules to extend the license periods for 214 39 GHz licenses to October 18, 2010. FiberTower also therein requested waivers of and extensions of time to comply with the substantial service requirements set forth in Section 101.17(a) of the Commission's Rules for those 214 licenses. FiberTower argued that extending the licenses to October 18, 2010 would serve the public interest because that is the date by which FiberTower must renew the licenses for 352 Economic Area (EA) licenses in the 39 GHz band. FiberTower contended that the requested extension would permit FiberTower to develop the majority of
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  • 38.6-40.0 GHz band, allow partitioning and disaggregation in that band, define the general filing requirements for licensees in the private operational, common carrier, LTTS, 24 GHz, LMDS, MAS, MVDDS and 70-80-90 GHz Services and to provide specific procedures for the licensing, operation, and modification of facilities in those services. Legal Basis: 47 U.S.C. 154 and 303. Section Number and Title: 101.17 Performance requirements for the 38.6-40.0 GHz frequency band. 101.31(e)(1)(viii) Temporary and conditional authorizations. 101.56 Partitioned service areas (PSAs) and disaggregated spectrum. 101.64 Service areas. SUBPART C-TECHNICAL STANDARDS Brief Description: The Part 101 rules prescribe the manner in which portions of the radio spectrum may be made available for private operational, common carrier, Local Television Transmission Service (LTTS), 24 GHz Service
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  • notice, we accept the construction notifications filed by Biztel, Inc. for Stations WPNJ769 (File No. 0003311672) and WMT630 (File No. 0003311674). We find that the substantial service showings attached to those construction notifications demonstrate that the licensees have sufficiently built out the licenses in each 39 GHz band market to satisfy the Commission's substantial service requirement set forth in Section 101.17(a) of the Commission's Rules. Specifically, we find the licensees' construction in each BTA satisfies the point-to-point safe harbor. Accordingly, we accept these notifications pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331, because it will serve the public interest,
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  • with the substantial service requirement by the end of the initial license term.6The Commission explained that a 39 GHz band licensee may fall within a "safe harbor" by constructing four permanent links per one million people in its licensed service area.7The "safe harbor" only serves as an example of what may constitute substantial service, and the 1See 47 C.F.R. � 101.17. 2See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, ET Docket No. 95-183, Report and Order and Second Notice of Proposed Rulemaking, 12 FCC Rcd 18600, 18620-21 � 36 (1997) ("39 GHz R&O"). Pursuant to 47 C.F.R. � 101.67, 39 GHz licenses are issued for a period not to exceed ten years. 3See 47 C.F.R.
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  • situation similar to that faced by IDT and ART. Despite its ongoing efforts to build out its licenses, we find that AT&T faced factors beyond its control that warrant granting a limited extension of time to permit it to continue to serve its customers and to build out its licenses. Under these circumstances, we determine that strict enforcement of Section 101.17 of the Commission's rules would not serve the rule's underlying purpose, as it would tend to slow, rather than accelerate service deployment. Accordingly, we will extend the deadline for AT&T to demonstrate that it is providing substantial service to the areas covered by the licenses for Stations WPNE215, WPNE216 and WPNE362 until June 1, 2012 which is currently the uniform
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  • Bureau noted the relatively recent grant of licenses for the AWS-1 band and auction of licenses in the 700 MHz band, and indicated its anticipation that in the next several years, services in these bands will develop robustly,15 along with other mobile and fixed wireless broadband services.16The Bureau concluded that it would be 7See47 C.F.R. � 101.67. 8See47 C.F.R. � 101.17(a). 9See47 C.F.R. � 101.17(b). 1047 C.F.R. � 1.946(e)(1). 1147 C.F.R. � 1.946(e)(2),(3). 1247 C.F.R. � 1.925. 13Id.; see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. � 1.3. 14SeeIDT Spectrum, LLC
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  • 8bit OMB PRA # Bureau Title of Information Collection 3060-0600 WTB-ASAD Application to Participate in an FCC Auction 3060-0757 WTB-ASAD FCC Auctions Customer Survey 3060-0767 WTB-ASAD Sections 1.2110, 1.2111 and 1.2112, Auction Forms and License Transfer Disclosures Requirements 3060-0995 WTB-ASAD Section 1.2105(c), Bidding Application and Certification Procedures; Prohibition of Collusion 3060-0531 WTB-BD Local Multipoint Distribution Service (LMDS) 3060-0690 WTB-BD Section 101.17, Performance Requirements for the 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
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  • 8bit OMB PRA # Bureau Title of Information Collection 3060-0600 WTB-ASAD Application to Participate in an FCC Auction 3060-0757 WTB-ASAD FCC Auctions Customer Survey 3060-0767 WTB-ASAD Sections 1.2110, 1.2111 and 1.2112, Auction Forms and License Transfer Disclosures Requirements 3060-0995 WTB-ASAD Section 1.2105(c), Bidding Application and Certification Procedures; Prohibition of Collusion 3060-0531 WTB-BD Local Multipoint Distribution Service (LMDS) 3060-0690 WTB-BD Section 101.17, Performance Requirements for the 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
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  • Stations and Space Stations 09/30/13 3060-0681 Secs. 52.103 and 52.105 09/30/12 3060-0685 FCC 1210 and FCC 1240 01/31/12 3060-0686 Secs. 63.10, 63.11, 63.13, 63.18, 63.19, 63.21, 63.24, 63.25 and 1.1311, International Section 214 Process and Tariff Requirements 03/31/12 3060-0687 Access to Telecommunications Equipment and Services by Persons with Disabilities, CC Docket No. 87-124 06/30/12 3060-0688 FCC 1235 08/31/13 3060-0690 Sec. 101.17 06/30/12 3060-0691 Sec. 90.665 07/31/13 3060-0692 Secs. 76.613, 76.802, and 76.804 02/28/13 3060-0695 Sec. 87.219 11/30/11 3060-0698 Secs. 23.20, 25.203, and 73.1030, Radio Astronomy Coordination Zone in Puerto Rico 05/31/11 3060-0700 FCC 1275 07/31/13 3060-0703 FCC 1205 02/29/12 3060-0704 Secs. 42.10, 42.11 and 64.1900 and Section 254(g), Policy and Rule Concerning the Interstate, Interexchange Marketplace 11/30/11 3060-0706 Secs. 76.952 and
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  • Fixed Satellite Service and the grandfathering of existing facilities, requires Mobile Satellite Service licensees to relocate existing Fixed Service licensees in the 2165-2200 MHz bands in cases where sharing between MSS and FS is not possible, and made various editorial changes to the Part 101 rules. Legal Basis: 47 U.S.C. 154 and 303. Section Number and Title: 101.4 Transition plan. 101.17 Performance requirements for the 38.6-40.0 GHz frequency band. 101.21 Technical content of applications. 101.31 Temporary and conditional authorizations. 101.45 Mutually exclusive applications. 101.55 Considerations involving transfer or assignment applications. 101.61 Certain modifications not requiring prior authorization in the Local Multipoint Distribution Service and 24 GHz Service. 101.63 Period of construction; certification of completion of construction. 101.69 Transition of the 1850-1990
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  • entity. Disaggregation allows for multiple transmitters in the same area operated by different companies (thus, the possibility of harmful interference increases). See Partitioning and Disaggregation discussion at para. 91. See 47 C.F.R. �� 101.56(g)-(h). See 47 C.F.R. �� 101.535(d)-(e). See 47 C.F.R. �� 101.1111(d)-(e). Cf. 47 C.F.R. �� 22.940(a)(2)(i)-(iv). See e.g., 47 C.F.R. � 22.940(a)(1)(i). See, e.g. 47 C.F.R. �� 101.17(b), 101.1011(a). See, e.g. 47 C.F.R. � 101.1011(a). See 47 C.F.R. � 101.63(a). See 47 C.F.R. � 101.63(b). See 47 C.F.R. � 1.1307. See, e.g. 47 C.F.R. � 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 47 C.F.R. � 1.924. This coordination may be necessary depending on the final rules adopted in this proceeding, near a limited number of
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  • flexibility in meeting their construction requirements. 47 C.F.R. � 24.203. 47 C.F.R. � 24.203. 47 C.F.R. � 90.763(b)(1)(i)(A). Note that 38 dbu is equivalent to -84 dbm, assuming an antenna gain of 0 dbd. 47 C.F.R. �� 90.693(b), 90.683, 90.621. Note that 40 dbu is equivalent to -93 dbm, assuming an antenna gain of 0 dbd. 47 C.F.R. �� 101.527, 101.17. The Consumer & Governmental Affairs Bureau (CGB) recently announced significant new outreach initiatives in these defined regions in light of the disproportionate number of households without basic telephone service compared to the Nation overall. See ``FCC Commences Lands of Opportunity Initiative for Rural America: Access to Affordable and Quality Telecommunications Services in Rural America,'' News Release, 2003 WL 21804679 (rel.
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  • MHz SMR (blocks A, B, and C only), 220 MHz licensees providing services other than fixed services and who do not have at least one incumbent licensee in their markets, LMS licensees, and MDS/ITFS licensees. For 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
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  • of license expiration. However, in 1997, in the Report and Order and Second NPRM, the Commission determined that, in order to promote flexibility in system design and market development, it would combine the performance standards required for build-out with the requirements for renewal expectancy into one showing of substantial service at the time of license renewal, in accordance with Section 101.17(a). In the 70/80/90 GHz Report and Order, the Commission followed a different approach consistent with its link-by-link registration framework. It adopted a requirement that a licensee construct a link within 12 months after registering it with a third-party database manager. The database manager is required to withdraw unconstructed links from the database after 12 months, and forfeiture and termination of
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  • IMWED Reply Comments at 6 citing (Clearwire Comments at 18). WCA Comments at 9. WCA Reply at 9-10 n.23 citing (EarthLink NPRM Comments). See also BellSouth NPRM Reply Comments; IMLC NPRM Comments; Network for Instructional TV NPRM Comments; Sprint NPRM Comments. WCA Reply Comments at 10 citing (EarthLink NPRM Comments). WCA Reply Comments at 11. See, e.g., 47 C.F.R. � 101.17(a)(2) (39 GHz). See San Diego MDS Company, Memorandum Opinion and Order, 19 FCC Rcd. 23120, 23123-23127 �� 7-14 (2004) (San Diego MDS). See Revision of Part 21 of the Commission's Rules, Report and Order, CC docket No. 86-128, 2 FCC Rcd 5713 (1987) (Part 21 Report and Order). Id. at 5724 � 82. Id. at 5724 � 83. Id. at
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  • 304. Id. Id. Id. Auction Public Notice. BRS/EBS Fourth MO&O, 23 FCC Rcd at 6038-6040 �� 122-128. Auction Public Notice. See 47 C.F.R. � 27.14(o). Comments of SAL Spectrum, LLC, AU Docket No. 09-56 (filed May 15, 2009) (SAL Spectrum Comments). Id. at 2. Id. at 3. Id., citing 47 C.F.R. �� 27.14(a) (Advanced Wireless Services and Wireless Communications Services), 101.17(a) (39 GHz Service), 101.1011(a) (Local Multipoint Distribution Service). Reply Comments of Ad Hoc BRS Applicants Association, AU Docket No. 09-56 (filed May 29, 2009) at 2. Reply Comments of the Wireless Communications Association International, Inc., AU Docket No. 09-56 (filed May 29, 2009) (WCA Reply); Reply Comments of Clearwire Corporation, AU Docket No. 09-56 (filed May 29, 2009) (Clearwire Reply).
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  • that the spectrum is put to 77Id. 78Id. 79Auction Public Notice. 80BRS/EBS Fourth MO&O, 23 FCC Rcd at 6038-6040 �� 122-128. 81Auction Public Notice. 82See47 C.F.R. � 27.14(o). 83Comments of SAL Spectrum, LLC, AU Docket No. 09-56 (filed May 15, 2009) (SAL Spectrum Comments). 84Id.at 2. 85Id.at 3. 86Id., citing 47 C.F.R. �� 27.14(a) (Advanced Wireless Services and Wireless CommunicationsServices), 101.17(a) (39 GHz Service), 101.1011(a) (Local Multipoint Distribution Service). 87Reply Comments of Ad Hoc BRS Applicants Association, AU Docket No. 09-56 (filed May 29, 2009) at 2. 88Reply Comments of the Wireless Communications Association International, Inc., AU Docket No. 09-56 (filed May29, 2009) (WCA Reply); Reply Comments of Clearwire Corporation, AU Docket No. 09-56 (filed May 29, 2009) (Clearwire Reply). 89WCA
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  • to defining and processing a ``renewal filing group.'' 47 C.F.R. � 90.165(b)(1), (c)(3)(i), and (c)(4)(i). 47 C.F.R. � 90.743(a). 47 C.F.R. � 90.743(b). 47 C.F.R. � 101.1011(c). See supra para. 12. See generally Reply Comments of AT&T Inc., WT Docket No. 08-182 (filed Oct. 27, 2008) (``AT&T Reply Comments''). AT&T states that the comparative renewal procedures at 47 C.F.R. �� 101.17 (38.6-40.0 GHz), 101.529 (24 GHz), 101.1011 (local multipoint distribution service), 101.1327 (multiple address systems), and 101.1413 (multichannel video distribution and data service) are similar to the renewal rules of section 27.14(b)-(d), and should be removed. Id. 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,
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  • provisions related to defining and processing a "renewal filing group." 47 C.F.R. � 90.165(b)(1), (c)(3)(i), and (c)(4)(i). 2647 C.F.R. � 90.743(a). 2747 C.F.R. � 90.743(b). 2847 C.F.R. � 101.1011(c). 29See suprapara. 12. 30See generallyReply Comments of AT&T Inc., WT Docket No. 08-182 (filed Oct. 27, 2008) ("AT&T Reply Comments"). AT&T states that the comparative renewal procedures at 47 C.F.R. �� 101.17 (38.6-40.0 GHz), 101.529 (24 GHz), 101.1011 (local multipoint distribution service), 101.1327 (multiple address systems), and (continued....) 7001 Federal Communications Commission FCC 10-86 that the comparative renewal procedures for Part 27 and Part 101 auctionable services impose unnecessary burdens and costs on both the Commission and licensees.31AT&T concludes that we should apply our Part 27 700 MHz Commercial Services Band licensee
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  • must be made during the license term and, except for renewal applications in the 38.6-40.0 GHz band, should be filed within 90 days, but not later than 30 days, prior 87 to the end of the license term. Renewal applications in the 38.6-40.0 GHz band must be filed eighteen months prior to the end of the license term. See Section 101.17 for renewal requirements for the 38.6-40.0 GHz frequency band. When a licensee submits a timely application for renewal of a station license, the existing license for that station will continue as a valid authorization until the Commission has made a final decision on the application. Whenever a group of station licenses in the same radio service are to be renewed
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  • desirable for a licensee to deploy both terrestrial and satellite facilities. For example, 193 terrestrial facilities may be deployed in more densely populated urban areas, while satellite facilities, particularly "gateway" type facilities, may be deployed in sparsely populated rural areas. 47 C.F.R. � 101.63. 194 Former Rule 47 C.F.R. � 21.45. 195 47 C.F.R. � 101.67. 196 47 C.F.R. � 101.17(a), as amended, requires 39 GHz licensees to demonstrate substantial service at the time of 197 license renewal. Former Rule 47 C.F.R. � 101.15(c), as amended, required a 39 GHz licensee to file a renewal form 18 months prior 198 to the expiration date of the license sought to be renewed. ART Petition at 4-7; Biztel Petition at 10-11; CMC Petition
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  • para. 25. License Period Licenses are issued for a ten-year term from the initial license grant date. Licensees have a renewal expectancy based on the provision of substantial service and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. 101.13 (d)). Performance Requirements Demonstration of substantial service required for both incumbent and new licensees (See 101.17 of the Commission's Rules). Incumbents There are incumbent licensees present in the 39 GHz band. Bidding Credits Bidding credits are available to small and very small businesses (or consortia of small or very small businesses) as are set forth in 47 C.F.R. 101.1209. A bidding credit represents the amount by which a bidders winning bids are discounted. The size of
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  • 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 24 GHz Geographic Licenses Provide 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