FCC Web Documents citing 101.305

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

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  • 1 and 90 of the Commission's Rules concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, PR Docket No. 90-481, Report and Order, 6 FCC Rcd 7297, 7299 ¶ 14 (1991). 47 C.F.R. § 1.925(b)(3). See also Winstar Wireless Fiber Corporation and New Winstar Spectrum, LLC Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, Order, !7 FCC Rcd 7118, 7122 ¶ 10 (WTB PSPWD 2002) (Winstar Order). Id. Waiver Request at 5. Winstar Order, 17 FCC Rcd at 7122 ¶ 10. Id. at 7119 ¶ 3. Waiver Request at Exhibit A. Id. at 3. Id. at 4. The grant of this Waiver Request does not relieve the Port
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of Winstar Wireless Fiber Corparation and New Winstar Spectrum, LLC Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules ) ) ) ) ) ) ) ) ) File No. 0000723317 Order Adopted: April 17, 2002 Released: April 17, 2002 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction We have before us a request by Winstar Wireless Fiber Corp. (Winstar Wireless Fiber) (debtor-in-possession) and New Winstar Spectrum, LLC
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  • Control of Licenses and Authorizations Pursuant to Sections 214 and 310(d) of the Communications Act and for Declaratory Ruling Pursuant to Section 310 of the Communications Act, Memorandum Opinion and Order, 16 FCC Rcd 9779, 9790 ¶ 19 (2001). See Winstar Wireless Fiber Corp. and New Winstar Spectrum, LLC Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, Order, DA 02-894 (rel. April 17, 2002); Winstar LMDS, LLC (Chapter 7 Debtor) Request for Waiver of 1.2111(d) and 101.1107(e) of the Commission's Rules Regarding Unjust Enrichment Payment for Fifteen LMDS Licenses Purchased in Auction No. 17; Application for Assignment of Licenses and Authorizations from Winstar LMDS, LLC (Chapter 7 Debtor) to Winstar Spectrum,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit \ \ : \ \ \ \ Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of WINSTAR SPECTRUM, LLC Request for Waivers of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules ) ) ) ) ) ) ) FCC File No. 0000723317 MEMORANDUM OPINION AND ORDER Adopted: August 4, 2003 Released: August 7, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction In this Memorandum Opinion and Order, we address a petition for reconsideration filed by Winstar Spectrum, LLC (New
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CENTRAL TEXAS COMMUNICATIONS, INC. Request for Waiver of Section 101.305(b) of the Commission's Rules or, in the Alternative, for Declaratory Ruling ) ) ) ) ) ) ) ORDER Adopted: October 1, 2003 Released: October 3, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. On February 14, 2003, Central Texas Communications, Inc. (``Central Texas'') filed a request for waiver of Section 101.305(b) of the
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  • Content-Transfer-Encoding: 8bit DA 03-865 Released: March 26, 2003 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST BY CENTRAL TEXAS COMMUNICATIONS, INC. FOR WAIVER TO ALLOW TEMPORARY DISCONTINUANCE OF LOCAL MULTIPOINT DISTRIBUTION SERVICE Comment Date: April 9, 2003 Reply Comment Date: April 23, 2003 On February 14, 2003, Central Texas Communications, Inc. (``Central Texas'') filed a request for a waiver of Section 101.305(b) of the Commission's Rules and Regulations (``Rule'') to allow Central Texas to temporarily discontinue its U.S. domestic interstate telecommunications service being offered through its Local Multipoint Distribution Service (``LMDS'') stations in the communities of San Angelo, Brownwood and Goldthwaite, Texas, Call Signs WPOH502, WPOH503, and WPOH932. Section 101.305(b) stipulates that ``No station licensee subject to title II of the Communications
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  • the Commission, MercedNet requests that the license for its LMDS Station WPOK277 not be terminated prior to March 5, 2005. MercedNet indicates that all affected customers were notified in writing of the planned discontinuance by letters dated January 5 and January 10, 2005. MercedNet further states that it is non-dominant with respect to the services it seeks to discontinue. Section 101.305(b) of the Commission's Rules requires MercedNet, as the licensee of LMDS Station WPOK277, to obtain prior authorization from the Commission, pursuant to the procedures set-forth in Part 63 of the Commission's Rules, because it is subject to Title II of the Communications Act of 1934, as amended, and seeks to voluntarily discontinue service to its customers in the Merced, California
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  • the Broadband PCS Construction Requirements, Order, 17 FCC Rcd 22416 (WTB 2002); Letter to Delaney M. DiStefano, Esq., from Kelly Quinn, Deputy Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, FCC, 17 FCC Rcd 10418 (WTB 2002); Applications of Winstar Wireless Fiber Corporation and New Winstar Spectrum, LLC, Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, File No. 0000723317, Order, 17 FCC Rcd 7118 (WTB 2002). See supra note 3. At a minimum, the status reports must identify the cell sites that have been constructed, and must specify that the facilities are operating consistent with the technical parameters authorized for the sites. Stefan M. Lopatkiewicz, Esq. - Federal Communications Commission
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1216A1_Rcd.pdf
  • Extension of the Broadband PCS Construction Requirements, Order, 17 FCC Rcd 22416 (WTB 2002); Letter to Delaney M. DiStefano, Esq., from Kelly Quinn, Deputy Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, FCC, 17 FCC Rcd 10418 (WTB 2002); Applications of Winstar Wireless Fiber Corporation and NewWinstar Spectrum, LLC, Request for Waiver ofSections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, File No. 0000723317, Order, 17 FCC Rcd 7118 (WTB 2002). 31See supra note 3. 32At a minimum, the status reports must identify the cell sites that have been constructed, and must specify that the facilities are operating consistent with the technical parameters authorized for the sites. 7383 Stefan M. Lopatkiewicz, Esq. - Accordingly, IT
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  • site and the South site) did not include the Control site). Reply at 3. Requests at 2. See In re Application of K.U.T.E., Inc. for Construction Permit and Waiver of 47 C.F.R. § 73.211(c) Station KUTE (FM), Glendale, California, Order, 1 FCC Red 938 (1986). Id. at 6-8. Id. at 7-8. See 47 C.F.R. § 101.65(b) citing 47 C.F.R. § 101.305. To the extent that Orange Crush seeks a determination that Section 101.65(a) is or should be inapplicable to private microwave licenses, we would view such a request as an untimely petition for reconsideration or impermissible collateral attack against the rules adopted in the Part 101 Proceeding over eight years ago. See 47 C.F.R. § 1.429(d), which requires a petition for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1876A1_Rcd.pdf
  • a licensee from its responsibilities to implement its stations in accordance with the Commission's Rules."38 12. Regarding T-Mobile, we note that the Commission's rules governing the transition of the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands from fixed microwave services to emerging technologies require emerging technology (ET) licensees to relocate existingfixed microwave 31See47 C.F.R. § 101.65(b) citing47 C.F.R. § 101.305. To the extent that Orange Crush seeks a determination that Section 101.65(a) is orshould be inapplicable to private microwave licenses, we would view such a request as an untimely petition for reconsideration or impermissible collateral attack against the rules adopted in the Part 101 Proceeding over eight years ago. See47 C.F.R. § 1.429(d), which requires a petition for reconsideration to
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  • 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 service and equal employment opportunities to common carrier operation in the 24 GHz service. Legal Basis: 47 U.S.C. 154 and 303. Section Number and Title: 101.305 Discontinuance, reduction or impairment of service. 101.311 Equal employment opportunities. SUBPART G-24 GHz SERVICE AND DIGITTAL ELECTRONIC MESSAGE SERVICE Brief Description: Subpart G sets forth rules for the 24 GHz Service and the Digital Electronic Message Service and provides the provisions implementing Section 309(j) of the Communications Act of 1934, as amended, authorizing the Commission to employ competitive bidding procedures
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-184135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-184135A1.txt
  • of Section 402(B)(2)(A) of the Telecommunications Act of 1996, Petition for Forbearance of the Independent Telephone & Telecommunications Alliance, CC Docket No. 71-11, AAD File No. 98-43, Report and Order, FCC 99-104 (rel. Jun 30, 1999). 204 See Section 27.66 of the Commission's Rules at Appendix B, 47 C.F.R. § 27.66. This approach is consistent with the modification of Section 101.305(c) of the Commission's Rules adopted for LMDS. See 47 C.F.R. § 101.305(c); see also LMDS Second Report and Order, 12 FCC Red at 12654-55 (paras. 252-55). 205 AWJA/atpara. 55. 206 Id 207 Id at para. 56. 512 Federal CommunicationsCommission FCC 00-5 Rules208 and this Order, so long as the licensee complies with the technical rules governing spectrum use. The Commission's
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  • with a PCS relocator. We find that, in the case of a self-relocating microwave incumbent seeking reimbursement for the relocation of links in the 1850-1990 MHz band, a reasonable substitute for the signed agreement date is the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of these links, pursuant to Section 101.305 of the Commission's rules. We find that, similar to a signed agreement date, this date is easily verifiable and thus will not result in significant administrative burden for self-relocating incumbents or the clearinghouses. We also find that this date can be applied to incumbent relocations to microwave networks or wireline networks (e.g., fiber optic) because in either case the incumbent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-272A1_Erratum.doc
  • change of their regulatory status, although such change would not require prior Commission authorization. Licensees must notify the Commission within thirty days of a change in regulatory status, unless the change results in the discontinuance, reduction, or impairment of the existing service, in which case a different time period may apply. In this instance, the licensee is governed by Section 101.305 of the Commission's Rules and must submit an application under Section 1.947 of the Commission's Rules in conformance with the deadlines established by Section 101.305. In addition, we adopt our proposal that 24 GHz band license applicants are not required to detail the specific services they seek to provide. As we stated in the NPRM, we believe it is sufficient
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  • § 1.933. 47 C.F.R. § 101.133. See Part 101 Order, 11 FCC Rcd at 13465-66. 47 C.F.R. § 101.703. 47 C.F.R. §§ 101.111, 101.113, 101.147. 47 C.F.R. § 101.701(c). UTC Petition for Reconsideration/Clarification at 5 (UTC Petition). 47 C.F.R. § 101.603(b)(1). Part 101 Order, 11 FCC Rcd at 13467. Id. at 13467-68. 47 C.F.R. § 101.65(a). 47 C.F.R. §§ 101.65(d), 101.305(d). Cox & Smith, Inc. Petition for Clarification and/or Reconsideration at 1 (C&S Petition). See UTC Petition at 9-10. C&S Petition at 1-3. Multipoint Petition for Reconsideration of Part 101 of the Commission's Rules at 3 (Multipoint Petition). See 47 C.F.R. § 90.173(k) (1997). Multipoint Petition at 3. UTC Comments at 5. Id. See 47 C.F.R. § 1.429; see also Amendment
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  • require the Commission's prior approval before the licensee can make this change. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market and Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket Nos. 97-182 and 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23,891, 23,940-41 ¶¶ 111-118 (1997) (Foreign Participation Order). See, e.g., 47 C.F.R. § 101.305. 47 C.F.R. § 101.101. 47 C.F.R. § 101.147(p). See Further Notice, 16 FCC Rcd at 4207-08 ¶ 297. See also 47 U.S.C. § 309(j)(3); Cincinnati Bell Tel. Co. v. FCC, 69 F.3d 752, 761-762 (6th Cir. 1995) (Cincinnati Bell). Our use of that authority to ``place restrictions on the bidding process in order to ensure that a wide variety of
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  • An AWS or MSS/ATC relocator obtains reimbursement rights for the link on the date that it signs a relocation agreement with a microwave incumbent. A voluntarily relocating microwave incumbent obtains reimbursement rights for the link on the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link, pursuant to § 101.305 of the Commission's rules. § 27.1166 Reimbursement under the Cost-Sharing Plan. (a) Registration of reimbursement rights. Claims for reimbursement under the cost-sharing plan are limited to relocation expenses incurred on or after the date when the first AWS license is issued in the relevant AWS band (start date). If a clearinghouse is not selected by that date (see § 27.1162)
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  • offer such that it would change their regulatory status, they must notify the Commission, although such change would not require prior Commission authorization. We propose that licensees notify the Commission within 30 days of this change, unless the change results in the discontinuance, reduction, or impairment of the existing service, in which case the licensee is also governed by Section 101.305 and submits the application under Section 101.61 in conformance with the time frames and requirements of Section 101.305. 2. Eligibility 20. Our primary goal in the present proceeding is to encourage efficient competition, particularly in the local exchange telephone market. In assessing whether to restrict the opportunity of any class of service providers to obtain and use spectrum to provide
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • proposed Section 101.701, which requires common carrier fixed microwave licensees to certify that substantial non-private use is being made of facilities used to relay broadcast television signals. 127 81. With regard to notifications, we are proposing to change some informational filings to notification. An example of a new notification requirement in lieu of an informational filing is in proposed Section 101.305, where non-dominant common carriers planning to discontinue service must give electronic notification of discontinuance to the Commission. We request comment on these proposals. 3. Public Mobile Radio Service Data Requirements 82. Discussion. Under Part 22 of the Commission's rules, applicants for certain Public Mobile Radio Service licenses are required to file antenna model, manufacturer, and type with the Commission. 128
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • also ask commenters to address how, if at all, that should affect our forbearance decisions in this proceeding. For instance, should such determinations more appropriately be made, Federal Communications Commission FCC 99-97 96 47 C.F.R. Part 1, Subpart E, Parts 61-64. 97 47 U.S.C. § 214(a). 98 47 C.F.R. § 63.71. 99 This is consistent with the modification of Section 101.305(c) of the Commission's Rules, 47 C.F.R. § 101.305(c), adopted for LMDS. LMDS Second Report and Order, 12 FCC Rcd at 12655 (para. 254). 100 See LMDS Second Report and Order, 12 FCC Rcd at 12655 (para. 255). 101 See LMDS Second Report and Order, 12 FCC Rcd at 12654-55 (paras. 252-255). PAGE 25 or necessarily be made, in service rule
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  • Implementation of Section 402(B)(2)(A) of the Telecommunications Act of 1996, Petition for Forbearance of the Independent Telephone & Telecommunications Alliance, CC Docket No. 71-11, AAD File No. 98-43, Report and Order, FCC 99-104 (rel. Jun 30, 1999). See Section 27.66 of the Commission's Rules at Appendix B, 47 C.F.R. § 27.66. This approach is consistent with the modification of Section 101.305(c) of the Commission's Rules adopted for LMDS. See 47 C.F.R. § 101.305(c); see also LMDS Second Report and Order, 12 FCC Rcd at 12654-55 (paras. 252-55). NPRM at para. 55. Id. Id. at para. 56. 47 C.F.R. § 27.2. See FCC Form 601, item number 35. See Policies and Rules for the Direct Broadcast Satellite Service, IB Docket 98-21, Notice
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • in order to obtain both common carrier and non-common carrier status in a single license. (2) Applications to change, or add to, the carrier status in a license are modifications not requiring prior Commission authorization filed under Sec. 101.61. If the change results in the discontinuance, reduction, or impairment of an existing service, the licensee is also governed by Sec. 101.305(b) or (c) and submits the application under Sec. 101.61 in conformance with the time frames and requirements of Sec. 101.305(b) or (c). Attachment D A-19 SUBPART M--COMPETITIVE BIDDING PROCEDURES FOR LMDS Sec. 101.1101 LMDS service subject to competitive bidding. Mutually exclusive initial applications for LMDS licenses are subject to competitive bidding procedures. The procedures set forth in part 1, subpart
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  • in order to obtain both common carrier and non-common carrier status in a single license. (2) Applications to change, or add to, the carrier status in a license are modifications not requiring prior Commission authorization filed under Sec. 101.61. If the change results in the discontinuance, reduction, or impairment of an existing service, the licensee is also governed by Sec. 101.305(b) or (c) and submits the application under Sec. 101.61 in conformance with the time frames and requirements of Sec. 101.305(b) or (c). Attachment D A-19 SUBPART M--COMPETITIVE BIDDING PROCEDURES FOR LMDS Sec. 101.1101 LMDS service subject to competitive bidding. Mutually exclusive initial applications for LMDS licenses are subject to competitive bidding procedures. The procedures set forth in part 1, subpart
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  • completed application form within 30 days after the changes are made. We believe that the 30-day notification requirement is administratively useful and is appropriate for carrier classification changes, except to the extent that a status change would result in the discontinuance, reduction, or impairment of existing services. In that case, the licensee must adhere to the discontinuance requirements in Section 101.305 discussed below. We amend Section 101.61(b) to require that, if the LMDS applicant filing for a modification in its carrier classification would also be subject to Section 101.305, the applicant adhere to the filing deadlines and requirements in Section 101.305 when filing its Form 600 under Section 101.61, which are more stringent than the 30-day notification requirement in Section 101.61(b).
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • completed application form within 30 days after the changes are made. We believe that the 30-day notification requirement is administratively useful and is appropriate for carrier classification changes, except to the extent that a status change would result in the discontinuance, reduction, or impairment of existing services. In that case, the licensee must adhere to the discontinuance requirements in Section 101.305 discussed below. We amend Section 101.61(b) to require that, if the LMDS applicant filing for a modification in its carrier classification would also be subject to Section 101.305, the applicant adhere to the filing deadlines and requirements in Section 101.305 when filing its Form 600 under Section 101.61, which are more stringent than the 30-day notification requirement in Section 101.61(b).
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  • Implementation of Section 402(B)(2)(A) of the Telecommunications Act of 1996, Petition for Forbearance of the Independent Telephone & Telecommunications Alliance, CC Docket No. 71-11, AAD File No. 98-43, Report and Order, FCC 99-104 (rel. Jun 30, 1999). See Section 27.66 of the Commission's Rules at Appendix B, 47 C.F.R. § 27.66. This approach is consistent with the modification of Section 101.305(c) of the Commission's Rules adopted for LMDS. See 47 C.F.R. § 101.305(c); see also LMDS Second Report and Order, 12 FCC Rcd at 12654-55 (paras. 252-55). NPRM at para. 55. Id. Id. at para. 56. 47 C.F.R. § 27.2. See FCC Form 601, item number 35. See Policies and Rules for the Direct Broadcast Satellite Service, IB Docket 98-21, Notice
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • cable service area, unless such area has been found by the Commission to be characterized by effective competition.376 The Commission also sought comment on whether to restrict DBS carriers or distributors from obtaining or investing in an MVDDS license.377 (...continued from previous page) Reconsideration, 12 FCC Rcd 23,891, 23,940-41 ¶¶ 111-118 (1997) (Foreign Participation Order). See, e.g., 47 C.F.R. § 101.305. 369 47 C.F.R. § 101.101. 370 47 C.F.R. § 101.147(p). 371 See Further Notice, 16 FCC Rcd at 4207-08 ¶ 297. See also 47 U.S.C. § 309(j)(3); Cincinnati Bell Tel. Co. v. FCC, 69 F.3d 752, 761-762 (6th Cir. 1995) (Cincinnati Bell). Our use of that authority to "place restrictions on the bidding process in order to ensure that a
• http://wireless.fcc.gov/auctions/56/releases/fc000272.doc http://wireless.fcc.gov/auctions/56/releases/fc000272.pdf http://wireless.fcc.gov/auctions/56/releases/fc000272.txt
  • change of their regulatory status, although such change would not require prior Commission authorization. Licensees must notify the Commission within thirty days of a change in regulatory status, unless the change results in the discontinuance, reduction, or impairment of the existing service, in which case a different time period may apply. In this instance, the licensee is governed by Section 101.305 of the Commission's Rules and must submit an application under Section 1.947 of the Commission's Rules in conformance with the deadlines established by Section 101.305. In addition, we adopt our proposal that 24 GHz band license applicants are not required to detail the specific services they seek to provide. As we stated in the NPRM, we believe it is sufficient
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00363.doc
  • the Commission, even if such change would not require prior Commission authorization. We propose that licensees be required to notify the Commission within 30 days of the change, unless the change results in the discontinuance, reduction, or impairment of the existing service, in which case a different time period may apply. In this instance, the licensee is governed by Section 101.305 of the Commission's rules and must submit an application under Section 1.947 of the Commission's rules in conformance with the deadlines established by Section 101.305. We proposed these same procedures for the 4.9 GHz band. Under our proposal here, a 3650-3700 MHz licensee would be authorized to provide a variety or combination of fixed, mobile (for base stations only), common
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • proposed Section 101.701, which requires common carrier fixed microwave licensees to certify that substantial non-private use is being made of facilities used to relay broadcast television signals. 127 81. With regard to notifications, we are proposing to change some informational filings to notification. An example of a new notification requirement in lieu of an informational filing is in proposed Section 101.305, where non-dominant common carriers planning to discontinue service must give electronic notification of discontinuance to the Commission. We request comment on these proposals. 3. Public Mobile Radio Service Data Requirements 82. Discussion. Under Part 22 of the Commission's rules, applicants for certain Public Mobile Radio Service licenses are required to file antenna model, manufacturer, and type with the Commission. 128
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/err99333.doc http://www.fcc.gov/Bureaus/Wireless/Notices/1999/err99333.txt
  • 101.147(r)(9)(i)'' and by renumbering existing ``§§ 101.147(r)(9) (i) and (ii)'' as ``§§ 101.147(r)(9)(i)(A)and (B),'' respectively. Subsection 101.147(r)(9) is also proposed to be amended by adding a new ``§ 101.147(r)(9)(ii),'' (immediately preceding § 101.147(r)(10)). Proposed § 101.147(r)(9)(ii) reads: ``Channels 35-39 are licensed in the 24 GHz Service by geographic areas for any digital fixed service.'' 11. The proposed amendment to § 101.305 is deleted. Section 101.305(a) is proposed to be revised by deleting the word ``and'' and adding a comma after the words ``Common Carrier Services'' and adding the words: ``or 24 GHz Service'' after the words ``Local Multipoint Distribution Service.'' 12. Section 101.305(b) is proposed to be revised by adding the words: ``and 24 GHz Service'' after the words ``Local Multipoint
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • also ask commenters to address how, if at all, that should affect our forbearance decisions in this proceeding. For instance, should such determinations more appropriately be made, Federal Communications Commission FCC 99-97 96 47 C.F.R. Part 1, Subpart E, Parts 61-64. 97 47 U.S.C. § 214(a). 98 47 C.F.R. § 63.71. 99 This is consistent with the modification of Section 101.305(c) of the Commission's Rules, 47 C.F.R. § 101.305(c), adopted for LMDS. LMDS Second Report and Order, 12 FCC Rcd at 12655 (para. 254). 100 See LMDS Second Report and Order, 12 FCC Rcd at 12655 (para. 255). 101 See LMDS Second Report and Order, 12 FCC Rcd at 12654-55 (paras. 252-255). PAGE 25 or necessarily be made, in service rule
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99333.doc
  • offer such that it would change their regulatory status, they must notify the Commission, although such change would not require prior Commission authorization. We propose that licensees notify the Commission within 30 days of this change, unless the change results in the discontinuance, reduction, or impairment of the existing service, in which case the licensee is also governed by Section 101.305 and submits the application under Section 101.61 in conformance with the time frames and requirements of Section 101.305. 2. Eligibility 20. Our primary goal in the present proceeding is to encourage efficient competition, particularly in the local exchange telephone market. In assessing whether to restrict the opportunity of any class of service providers to obtain and use spectrum to provide
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • Implementation of Section 402(B)(2)(A) of the Telecommunications Act of 1996, Petition for Forbearance of the Independent Telephone & Telecommunications Alliance, CC Docket No. 71-11, AAD File No. 98-43, Report and Order, FCC 99-104 (rel. Jun 30, 1999). See Section 27.66 of the Commission's Rules at Appendix B, 47 C.F.R. § 27.66. This approach is consistent with the modification of Section 101.305(c) of the Commission's Rules adopted for LMDS. See 47 C.F.R. § 101.305(c); see also LMDS Second Report and Order, 12 FCC Rcd at 12654-55 (paras. 252-55). NPRM at para. 55. Id. Id. at para. 56. 47 C.F.R. § 27.2. See FCC Form 601, item number 35. See Policies and Rules for the Direct Broadcast Satellite Service, IB Docket 98-21, Notice
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00033.doc
  • § 1.933. 47 C.F.R. § 101.133. See Part 101 Order, 11 FCC Rcd at 13465-66. 47 C.F.R. § 101.703. 47 C.F.R. §§ 101.111, 101.113, 101.147. 47 C.F.R. § 101.701(c). UTC Petition for Reconsideration/Clarification at 5 (UTC Petition). 47 C.F.R. § 101.603(b)(1). Part 101 Order, 11 FCC Rcd at 13467. Id. at 13467-68. 47 C.F.R. § 101.65(a). 47 C.F.R. §§ 101.65(d), 101.305(d). Cox & Smith, Inc. Petition for Clarification and/or Reconsideration at 1 (C&S Petition). See UTC Petition at 9-10. C&S Petition at 1-3. Multipoint Petition for Reconsideration of Part 101 of the Commission's Rules at 3 (Multipoint Petition). See 47 C.F.R. § 90.173(k) (1997). Multipoint Petition at 3. UTC Comments at 5. Id. See 47 C.F.R. § 1.429; see also Amendment
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00123.doc
  • with a PCS relocator. We find that, in the case of a self-relocating microwave incumbent seeking reimbursement for the relocation of links in the 1850-1990 MHz band, a reasonable substitute for the signed agreement date is the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of these links, pursuant to Section 101.305 of the Commission's rules. We find that, similar to a signed agreement date, this date is easily verifiable and thus will not result in significant administrative burden for self-relocating incumbents or the clearinghouses. We also find that this date can be applied to incumbent relocations to microwave networks or wireline networks (e.g., fiber optic) because in either case the incumbent
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
  • change of their regulatory status, although such change would not require prior Commission authorization. Licensees must notify the Commission within thirty days of a change in regulatory status, unless the change results in the discontinuance, reduction, or impairment of the existing service, in which case a different time period may apply. In this instance, the licensee is governed by Section 101.305 of the Commission's Rules and must submit an application under Section 1.947 of the Commission's Rules in conformance with the deadlines established by Section 101.305. In addition, we adopt our proposal that 24 GHz band license applicants are not required to detail the specific services they seek to provide. As we stated in the NPRM, we believe it is sufficient
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • in order to obtain both common carrier and non-common carrier status in a single license. (2) Applications to change, or add to, the carrier status in a license are modifications not requiring prior Commission authorization filed under Sec. 101.61. If the change results in the discontinuance, reduction, or impairment of an existing service, the licensee is also governed by Sec. 101.305(b) or (c) and submits the application under Sec. 101.61 in conformance with the time frames and requirements of Sec. 101.305(b) or (c). Attachment D A-19 SUBPART M--COMPETITIVE BIDDING PROCEDURES FOR LMDS Sec. 101.1101 LMDS service subject to competitive bidding. Mutually exclusive initial applications for LMDS licenses are subject to competitive bidding procedures. The procedures set forth in part 1, subpart