FCC Web Documents citing 101.603

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

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  • and other MVPDs were eligible to use other spectrum either below 18.3 GHz in the 18 GHz band or in the Cable Television Relay Service (12.7-13.25 GHz) band. Although the Second Order on Reconsideration and the CARS Eligibility Order granted MVPD licensees increased access to the 18 GHz band, the Commission did not remove the restriction for video in Section 101.603 of the Commission's rules, or amend the size of the channels in the 18 GHz band below 18.3 GHz to accommodate such use. The instant proceeding proposes rules to accommodate these Commission decisions. DISCUSSION Proposed Band Plan. In this proceeding, we propose to add channels in the 17.7-18.3 GHz band and 19.3-19.7 GHz band superimposed on the existing channels. Our
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  • private service, and those licensees who select private service regulatory status to share the use of their facilities on a non-profit basis or offer service on a for-profit, private carrier basis subject to Section 101.135 of our rules. We also propose to allow licensees who select private regulatory status to lease excess capacity to common carriers in accordance with Part 101.603 of our rules. Licensees would elect the status of the services they wish to offer and would be governed by the rules applicable to their status. The Commission tentatively concludes that this approach would promote economic efficiencies by reducing construction and operating costs associated with having to provide separate facilities. We seek comment on these proposals. Foreign Ownership Restrictions Background.
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  • 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 00-1841 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: August 14, 2000 Wireless Telecommunications Bureau Sets Permit-but-Disclose Status for PDC Broadband Corporation Requests for Waiver of Part 101 Rules On April 18, 2000, PDC BroadBand Corporation (PDC) filed requests for waiver of Sections 101.101, 101.105, 101.107, 101.111, 101.115, 101.139 and 101.603 of the Commission's Rules, 47 C.F.R. §§ 101.101, 101.105, 101.107, 101.111, 101.115, 101.139, 101.603, as well as any other fixed microwave radio service rules necessary to permit the processing of its applications pertaining to deployment of service in the 12.2-12.7 GHz band. PDC seeks authority to provide multichannel video programming, including the retransmission of local television broadcast signals, to 210
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  • 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 00-2134 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: September 20, 2000 Wireless Telecommunications Bureau Sets Permit-but-Disclose Status for Satellite Receivers, Ltd. Requests for Waiver of Part 101 Rules On August 25, 2000, Satellite Receivers, Ltd. (SRL) filed requests for waiver of Sections 101.101, 101.105, 101.107, 101.111, 101.115, 101.139 and 101.603 of the Commission's Rules, 47 C.F.R. §§ 101.101, 101.105, 101.107, 101.111, 101.115, 101.139, 101.603, as well as any other fixed microwave radio service rules necessary to permit the processing of its applications pertaining to deployment of service in the 12.2-12.7 GHz band. SRL seeks authority to provide multichannel video programming, including the retransmission of local television broadcast signals, to approximately
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  • issues regarding the licensee's basic qualifications remain unresolved is designed to prevent licensees from evading responsibility for misdeeds committed during the license period. Id. See In re Applications of AirTouch Communications, Inc. and Vodafone Group, Plc, Memorandum Opinion and Order, DA 99-1200, 1999 WL 413,237 (WTB rel. June 22, 1999) at ¶¶ 5-9. Petition at 10-11 (citing 47 C.F.R. § 101.603(b)(1); 47 C.F.R. § 101.135). Id. at 10. Opposition at 23-26. Reply at 13. As a peripheral matter, we note that the Wireless Telecommunications Bureau previously granted waiver to Datacom of the Part 101 restrictions on common carrier traffic across private 1850-1990 MHz stations. In the Matter of Rig Telephones, Inc. d/b/a Datacom, Order, 13 FCC Rcd 25391 (1998). Subsequent to
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  • Carrier Service on 2 GHz ) Private Operational Fixed Microwave ) Service Frequencies ) ORDER Adopted: February 24, 2000 Released: February 28, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION . In this Order, we consider requests submitted by Westinghouse Communications Services, Inc. (Westinghouse) and Nextel Communications, Inc. (Nextel) seeking waiver of Section 101.603(b)(1) of the Commission's Rules to permit common carrier service on 2 GHz band frequencies allocated exclusively to the Private Operational Fixed Point-to-Point Microwave Service (POFS). The waiver requests were placed on Public Notice on June 18, 1999. We received six comments and three reply comments. For the reasons set forth below, we deny the waiver requests. II. BACKGROUND . Section
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  • conclude that Datacom's showing is insufficient to overcome the high hurdle a waiver applicant faces. 16. We also find that Datacom has not shown how the underlying purpose of the rule, ensuring the availability of adequate spectrum to accommodate the needs of OFS and PCS services, will not be served or would be frustrated by application of Sections 101.101 and 101.603(b) to its proposal. In fact, we are concerned that grant of the requested relief could actually undermine the purpose because Datacom would receive nearly three times the amount of bandwidth permitted under the rules. Further, the Commission has specifically excluded the 2 GHz band from the list of frequencies for which a Private Operational Fixed Point-to-Point Microwave Service (POFS) licensee
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  • that Datacom's showing is insufficient to overcome the high hurdle a waiver applicant faces. 8. We also find that Datacom has not shown how the underlying purpose of the rule, ensuring the availability of adequate spectrum to accommodate the needs of private fixed and PCS services, will not be served or would be frustrated by application of Sections 101.101 and 101.603(b) to the circumstances presented. We note that the Commission has excluded the 2 GHz band (which includes the 1850-1990 MHz band) from the list of Private Operational Fixed Point-to-Point Microwave Service (POFS) frequencies for which a licensee can seek a waiver in order to provide common carrier service as well as internal communications. The Commission did so because it previously
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  • ) ) ) ) File No. 0002640000 MEMORANDUM OPINION AND ORDER Adopted: November 20, 2006 Released: November 21, 2006 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: INTRODUCTION In this Memorandum Opinion and Order, we address Pappas Radio of California's (Pappas) application for modification of Microwave Industrial/Business Pool Station WQEZ451 (Station WQEZ451) and accompanying request for waiver of Section 101.603(a)(7) of the Commission's Rules to permit Pappas to use Station WQEZ451 as the final RF link in connection with the delivery of broadcast programming material to the transmitter site of Station KTRB(AM), San Francisco, California. For the reasons stated below, we grant Pappas' Waiver Request. BACKGROUND Pappas is authorized to construct a modification to Radio Station KTRB(AM) to operate on
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  • the Microwave Industrial/Business Radio Pool ) ) ) ) ) ) ) File Nos. 0002114893-0002114895, 0002116657-0002116666 MEMORANDUM OPINION AND ORDER Adopted: February 21, 2006 Released: February 21, 2006 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: INTRODUCTION In this Memorandum Opinion and Order, we address the Maryland Public Broadcasting Commission's (MPBC) request for waivers of Sections 101.109(c), 101.147(l)(7), and 101.603(a)(7) of the Commission's Rules with respect to MPBC's applications for fixed point-to-point microwave licenses in the Microwave Industrial/Business Pool in Maryland. For the reasons stated below, we grant MPBC's request. BACKGROUND 2. MPBC is the licensee of six UHF television broadcast stations in the State of Maryland. MPBC has, since its inception, relied upon a commercial common carrier system to
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  • particular license(s), or before the opening date of the filing window specified therein, will be returned as premature.'') Further Recon Petition at 2. Further Recon Petition at 2. We note that the rules for Private Operational Fixed Point-to-Point Microwave Services, 47 C.F.R. §§ 101.601, et seq., apply across a range of frequencies available for fixed services. See 47 C.F.R. § 101.603. We also note that Further Recon Petition is the first instance in which FlexCom has asserted expressly that it was seeking POFMS licenses in its application and not simply 24 GHz Service licenses. Further Recon Petition at 3. 24 GHz Report and Order, 15 FCC Rcd at 16938. 24 GHz Report and Order, 15 FCC Rcd at 16941-44, 16996-66. Further
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  • Microwave Industrial/Business Radio Pool Licenses WQHP740 and WQHP743 ) ) ) ) ) ) ) ) File Nos. 0003334573, 0003334578 MEMORANDUM OPINION AND ORDER Adopted: June 26, 2009 Released: June 26, 2009 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: INTRODUCTION In this Memorandum Opinion and Order, we address AM/FM Radio Licenses, L.L.C.'s (AM/FM) request for waiver of Section 101.603(a)(7) of the Commission's Rules to permit AM/FM to use its Microwave Industrial/Business Pool Radio Stations WQHP740 and WQHP743 as the final RF link in connection with the delivery of broadcast programming material to the broadcast transmitter sites located at the Empire State Building and Four Times Square, respectively, in New York City. For the reasons stated below, we grant AM/FM's
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  • RADIO LICENSES, L.L.C. Applications for Modification of Microwave Industrial/Business Radio Pool Licenses WQHP740 and WQHP743 ))))))))File Nos. 0003334573, 0003334578 MEMORANDUM OPINION AND ORDER Adopted: June 26, 2009 Released: June 26, 2009 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we address AM/FM Radio Licenses, L.L.C.'s (AM/FM) request for waiver1of Section 101.603(a)(7) of the Commission's Rules 2to permit AM/FM to use its Microwave Industrial/Business Pool Radio Stations WQHP740 and WQHP743 as the final RF link in connection with the delivery ofbroadcast programming material to the broadcast transmitter sites located at the Empire State Building and Four Times Square, respectively, in New York City. For the reasons stated below, we grant AM/FM's Request
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit D D D Ò Before the Federal Communications Commission Washington, D.C. 20554 In the matter of BAYBRIDGE COMMUNICATIONS Application For New License in the Microwave Industrial/Business Radio Pool Request for Waiver of Section 101.603(a)(7) of the Commission's Rules ) ) ) ) ) ) ) ) ) ) File No. 0003193277 MEMORANDUM OPINION AND ORDER Adopted: June 26, 2009 Released: June 26, 2009 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: INTRODUCTION In this Memorandum Opinion and Order, we address Baybridge Communications' (Baybridge) application for a new Microwave Industrial/Business Pool Station and accompanying
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 09-1458 Before the Federal Communications Commission Washington, D.C. 20554 In the matter of BAYBRIDGE COMMUNICATIONS Application For New License in the Microwave Industrial/Business Radio Pool Request for Waiver of Section 101.603(a)(7) of the Commission's Rules ))))))))))File No. 0003193277 MEMORANDUM OPINION AND ORDER Adopted: June 26, 2009 Released: June 26, 2009 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we address Baybridge Communications' (Baybridge) application for a new Microwave Industrial/Business Pool Station1and accompanying request for waiver2of Section 101.603(a)(7) of the Commission's Rules3to
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit D D D ä D Before the Federal Communications Commission Washington, D.C. 20554 In the matter of GREATER BOSTON RADIO, INC. Applications for New License in the Microwave Industrial/Business Radio Pool Requests for Waiver of Section 101.603(a)(7) of the Commission's Rules ) ) ) ) ) ) ) ) ) ) File Nos. 0003242058, 0003242074 and 0003242201 MEMORANDUM OPINION AND ORDER Adopted: June 26, 2009 Released: June 26, 2009 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: INTRODUCTION In this Memorandum Opinion and Order, we address applications by Greater Boston Radio, Inc. (GBR) for new fixed
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 09-1460 Before the Federal Communications Commission Washington, D.C. 20554 In the matter of GREATER BOSTON RADIO, INC. Applications for New License in the Microwave Industrial/Business Radio Pool Requests for Waiver of Section 101.603(a)(7) of the Commission's Rules ))))))))))File Nos. 0003242058, 0003242074 and 0003242201 MEMORANDUM OPINION AND ORDER Adopted: June 26, 2009 Released: June 26, 2009 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we address applications by Greater Boston Radio, Inc. (GBR) for new fixed point-to-point microwave stations in the 11 GHz band1and
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit D D D Ò Before the Federal Communications Commission Washington, D.C. 20554 In the matter of DENVER EDUCATIONAL BROADCASTING, INC. Application For New Licenses in the Microwave Industrial/Business Radio Pool Requests for Waiver of Section 101.603(a)(7) of the Commission's Rules ) ) ) ) ) ) ) ) ) ) File Nos. 0003917373, 0003917377 MEMORANDUM OPINION AND ORDER Adopted: December 1, 2009 Released: December 2, 2009 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: INTRODUCTION In this Memorandum Opinion and Order, we address Denver Educational Broadcasting's (DEB) applications for new Microwave Industrial/Business Pool Stations and
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 09-2524 Before the Federal Communications Commission Washington, D.C. 20554 In the matter of DENVER EDUCATIONAL BROADCASTING, INC. Application For New Licenses in the Microwave Industrial/Business Radio Pool Requests for Waiver of Section 101.603(a)(7) of theCommission's Rules ))))))))))File Nos. 0003917373, 0003917377 MEMORANDUM OPINION AND ORDER Adopted: December 1, 2009 Released: December 2, 2009 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we address Denver Educational Broadcasting's (DEB) applications for new Microwave Industrial/Business Pool Stations1and accompanying requests for waiver2of Section 101.603(a)(7) of the Commission's Rules3to
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  • KUKY, an entity that is eligible for licensing under Part 90 of the Rules. Pursuant to section 101.135 of the Rules, a licensee of a Private Operational Fixed Point-to-Point Microwave radio station may provide private carrier service ``to any eligible entity for licensing under this part, regardless of individual eligibility restrictions, provided that the communications carried are permissible under section 101.603 of the Rules.'' At the time of the NAL, section 101.603(a)(7) of the Rules permitted licensees to transmit program material from one location to another only if the frequencies did not serve as the final RF link in the chain of distribution of the program material to a broadcast station. At the time of the inspection, however, Station WNTB570 provided
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  • an entity that is eligible for licensing under Part 90 of the Rules. Pursuant to Section 101.135 of the Rules, a licensee of a Private Operational Fixed Point-to-Point Microwave radio station may provide private carrier service to any eligible entity for licensing under this part, regardless of individual eligibility restrictions, provided that the communications being carried are permissible under Section 101.603 of the Rules. One of the restricted uses, pursuant to Section 101.603(a)(7) of the Rules, is that licensees may transmit program material from one location to another, provided that the frequencies do not serve as the final RF link in the chain of distribution of the program material to a broadcast station. In this case, the microwave radio station WNTB570
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  • Part 101 rules. Other petitioners have requested minor clarifications of certain rules or have indicated the need for correction of clerical errors. Below, we address the pending petitions, set forth our reasons for granting or denying particular requests, and make necessary modifications and additions to the Part 101 rules. A. Expanded Use of 10.7 - 11.7 GHz Frequencies . Section 101.603(b)(3) of our Rules incorporates the prohibition, formerly found in Section 94.9(b)(3), against using POFS frequencies (except 6,425-6,525 MHz, 18,142-18,580 MHz, or above 21,200 MHz) for the final radio frequency link in the chain of transmission of program material to CATV, MDS, or MATV systems. OpTel, Inc. seeks clarification concerning whether the Commission intended to retain the "final link" restriction when
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  • equation for determining the emission mask, set forth in Section 101.111(a)(2) of our Rules. Pending Applications Background. As stated earlier, on January 8, 1999, Northpoint filed waiver requests and applications for licenses for terrestrial use of the 12.2-12.7 GHz band, in response to the Ku Band Cut-Off Notice. Northpoint requests waivers of Sections 101.105, 101.107, 101.109, 101.111, 101.115, 101.139 and 101.603 of our Rules, and any other fixed microwave radio service rules necessary to permit the Commission to process its applications to deploy service. Northpoint asserts that its proposed service will be on a secondary, non-interfering basis to DBS services and on a co-primary basis with any new FSS entering the subject frequency band. On March 11, 1999, the Bureau sought
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  • new licensing rules established in this proceeding. We believe this action will maximize the public interest by promoting fair and efficient licensing practices. Waivers. For the reasons provided below, granting of the waivers filed to date for terrestrial service in the 12.2-12.7 GHz band is not warranted here. Northpoint seeks a waiver of Sections 101.105, 101.107, 101.109, 101.111, 101.115, 101.139, 101.603 and any other Commission rules that otherwise would preclude processing of its applications. Northpoint may obtain a waiver of our rules by demonstrating that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or
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  • that would jeopardize many FS, CARS, and PCO operations in that band. In doing so, the Commission asserted that this ``affords PCOs the ability to maintain and upgrade their existing systems to compete effectively against franchised cable systems.'' The 18 GHz Redesignation Order did not, therefore, change the amount of spectrum available to PCOs in the 18 GHz band. Section 101.603 continues to allow use of 18.142 to 18.580 GHz, in the 18 GHz band, as the final RF link in the chain of transmission of programming material to cable systems, MDS, or master antenna systems. Hughes Electronics Corporation (``Hughes''), the Fixed Wireless Communication Coalition (``FWCC''), and Winstar Communications, Inc., (``Winstar'') filed petitions for reconsideration of the 18 GHz Redesignation Order.
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  • is no other use to which excess capacity can be put. We agree with the majority of commenters that permitting POFS licensees to lease reserve capacity to common carriers for their common carrier traffic will promote flexibility and may permit the development of common standards for common carrier and POFS microwave equipment. We therefore will modify the restriction in Section 101.603(b)(1) of our Rules to permit POFS licensees to lease excess capacity to common carriers for their common carrier traffic. This increased regulatory flexibility is also consistent with our efforts to facilitate secondary markets for radio spectrum that will allow and encourage licensees to make all or portions of their assigned frequencies available for other entities and uses. Consistent with our
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  • 74.931(c), (d), and (f) (ITFS leasing); 47 C.F.R. §§ 73.293, 73.295 (FM subcarrier leasing); see also Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services, Report and Order, 17 FCC Rcd 15040 (2002) (permitting private operational fixed microwave services licensees to lease reserve capacity to common carriers); 47 C.F.R. § 101.603(b)(1); NPRM at ¶ 16. It also permits third parties to gain access to spectrum by entering into local management agreements with broadcast licensees, provided the licensees retain de facto control of the licenses. See, e.g., Application of WGPR Inc. and CBS, Inc. For Assignment of License of WGPR-TV, Memorandum Opinion and Order, 10 FCC Rcd 8140 (1995). See also Guard
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  • 74.931(c), (d), and (f) (ITFS leasing); 47 C.F.R. §§ 73.293, 73.295 (FM subcarrier leasing); see also Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services, Report and Order, 17 FCC Rcd 15040 (2002) (permitting private operational fixed microwave services licensees to lease reserve capacity to common carriers); 47 C.F.R. § 101.603(b)(1); NPRM at ¶ 16. It also permits third parties to gain access to spectrum by entering into local management agreements with broadcast licensees, provided the licensees retain de facto control of the licenses. See, e.g., Application of WGPR Inc. and CBS, Inc. For Assignment of License of WGPR-TV, Memorandum Opinion and Order, 10 FCC Rcd 8140 (1995). See also Guard
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  • authorization itself. We will clarify our rules to reflect this policy. Leasing of excess capacity by Part 101 licensees. We note that, prior to adoption of policies and rules for spectrum leasing arrangements, as set forth in our Part 1 subpart X rules, licensees in Part 101 services have been permitted to lease excess capacity, as set forth in section 101.603(b) for private operational fixed services and section 101.701 for common carriers. Nothing in our secondary markets rules established in the Report and Order supplants the excess capacity leasing rules for Part 101 services, and licensees may continue to lease excess capacity consistent with sections 101.603(b) and 101.701 of our rules. Loading requirements relating to certain services. Another issue we wish
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  • U.S.C. § 157 nt. See, e.g., High Tech Broadband Coalition Comments, CC Docket Nos. 01-338, 96-98, 98-147 at 28-29, Attach. at 12 (filed Apr. 5, 2002); Triennial Review Order, 18 FCC Rcd at 17122-23, 17169-70, paras. 237, 316-17. See, e.g., 47 C.F.R. § 76.800(a) (defining ``MDU'' in the context of cable television regulations); OPTEL, INC. Petition For Waiver of Section 101.603 of the Commission's Rules, Order, DA 99-406 at para. 2 n.4 (WTB Mar. 10, 1999) (discussing the definition of MDU for purposes of an analysis of SMATV service); World Satellite Network, Inc. v. Tele-Communications, Inc., et al., Memorandum Opinion and Order, DA 99-1572 at para. 8 (CSB Aug. 11, 1999) (discussing locations to which video programming is sold). See, e.g.,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-77A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-77A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-77A1.txt
  • and other MVPDs were eligible to use other spectrum either below 18.3 GHz in the 18 GHz band or in the Cable Television Relay Service (12.7-13.25 GHz) band. Although the Second Order on Reconsideration and the CARS Eligibility Order granted MVPD licensees increased access to the 18 GHz band, the Commission did not remove the restriction for video in Section 101.603 of the Commission's rules, or amend the size of the channels in the 18 GHz band below 18.3 GHz to accommodate such use. The instant proceeding proposes rules to accommodate these Commission decisions. DISCUSSION Proposed Band Plan. In this proceeding, we propose to add channels in the 17.7-18.3 GHz band and 19.3-19.7 GHz band superimposed on the existing channels. Our
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.txt
  • private service, and those licensees who select private service regulatory status to share the use of their facilities on a non-profit basis or offer service on a for-profit, private carrier basis subject to Section 101.135 of our rules. We also propose to allow licensees who select private regulatory status to lease excess capacity to common carriers in accordance with Part 101.603 of our rules. Licensees would elect the status of the services they wish to offer and would be governed by the rules applicable to their status. The Commission tentatively concludes that this approach would promote economic efficiencies by reducing construction and operating costs associated with having to provide separate facilities. We seek comment on these proposals. Foreign Ownership Restrictions Background.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-141A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-141A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-141A1.txt
  • MVPDs were eligible to use other spectrum either below 18.3 GHz in the terrestrial 18 GHz band or in the CARS (12.7-13.2 GHz) band. Although the Second Order on Reconsideration recognized that the CARS Eligibility Order allowed non-cable MVPDs access to the terrestrial 18 GHz band, the Commission did not, in those proceedings, remove the restriction for video in Section 101.603 of the Commission's rules, nor amend the size of the channels in the terrestrial 18 GHz band below 18.142 GHz to accommodate such use. Rather, the Commission explained in the First Order on Reconsideration that it would undertake a separate proceeding to rechannelize the terrestrial 18 GHz band to facilitate the relocation. Accordingly, on April 19, 2004, the Commission released
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-146A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-146A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-146A1.txt
  • the same time that we propose greater sharing of certain BAS and CARS bands with FS, we also propose to eliminate the ``final link'' rule, which will provide the broadcast industry with additional flexibility in using Part 101 spectrum for point-to-point communications. While broadcasters are allowed to obtain private fixed service licenses under Part 101 of the Commission's Rules, Section 101.603(a)(7) of the Commission's Rules prohibits broadcasters from using Part 101 stations as the final radiofrequency (RF) link in the chain of distribution of the program material to broadcast stations. In light of recent technological and regulatory developments, we believe that the ``final link'' rule may no longer serve a useful purpose and, in fact, may inhibit the full use of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-120A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-120A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-120A1.txt
  • 12906.25 13131.25 12918.75 13143.75 (4) 25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 12712.5 12937.5 12737.5 12962.5 12762.5 12987.5 12787.5 13012.5 12812.5 13037.5 12837.5 13062.5 12862.5 13087.5 12887.5 13112.5 12912.5 13137.5 (5) 50 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 12725 12925 12775 12975 12825 13025 12875 13075 * * * * * 11. Amend § 101.603 by revising paragraph (a)(7) to read as follows: § 101.603 Permissible Communications. (a) * * * (7) Licensees may transmit program material from one location to another; APPENDIX B Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended (RFA), we incorporated an Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on
• 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
  • equation for determining the emission mask, set forth in Section 101.111(a)(2) of our Rules. Pending Applications Background. As stated earlier, on January 8, 1999, Northpoint filed waiver requests and applications for licenses for terrestrial use of the 12.2-12.7 GHz band, in response to the Ku Band Cut-Off Notice. Northpoint requests waivers of Sections 101.105, 101.107, 101.109, 101.111, 101.115, 101.139 and 101.603 of our Rules, and any other fixed microwave radio service rules necessary to permit the Commission to process its applications to deploy service. Northpoint asserts that its proposed service will be on a secondary, non-interfering basis to DBS services and on a co-primary basis with any new FSS entering the subject frequency band. On March 11, 1999, the Bureau sought
• http://wireless.fcc.gov/auctions/35/releases/d000145a.pdf
  • Red. 33 18,116 (1999) (granting waiver of financial qualifications rules for international satellite services because waiver would "enable Columbia to increase capacity and significantly expand its service offerings without preventing additional entry, thereby enhancing competition in the market for international satellite services"); In re Transmissions Holdings, Inc., 14 FCC Red. 3769, 110 (WTB and CSB 1999) (granting waiver of Sections 101.603(a) and (b) to allow Transmissions Holdings to modify its POFS microwave stations to transmit video entertainment in the 12 GHz band because waiver would "promote competition in one of . [Footnote is continued on next page] - 18- .' ,. -L -. V. CONCLUSION For the reasons set forth above, the Commission should expeditiously grant a waiver of the eligibility
• http://wireless.fcc.gov/auctions/35/releases/d000191b.pdf
  • Red. 33 18,116 (1999) (granting waiver of financial qualifications rules for international satellite services because waiver would "enable Columbia to increase capacity and significantly expand its service offerings without preventing additional entry, thereby enhancing competition in the market for international satellite services"); In re Transmissions Holdings, Inc., 14 FCC Red. 3769, 110 (WTB and CSB 1999) (granting waiver of Sections 101.603(a) and (b) to allow Transmissions Holdings to modify its POFS microwave stations to transmit video entertainment in the 12 GHz band because waiver would "promote competition in one of . [Footnote is continued on next page] - 18- .' ,. -L -. V. CONCLUSION For the reasons set forth above, the Commission should expeditiously grant a waiver of the eligibility
• http://wireless.fcc.gov/auctions/53/releases/fc000418.pdf http://wireless.fcc.gov/auctions/53/releases/fc000418.txt
  • the emission mask, set forth in Section 101.111(a)(2) of our Rules.640 4. Pending Applications 318. Background. As stated earlier, on January 8, 1999, Northpoint filed waiver requests and applications for licenses for terrestrial use of the 12.2-12.7 GHz band, in response to the Ku Band Cut- Off Notice.641 Northpoint requests waivers of Sections 101.105, 101.107, 101.109, 101.111, 101.115, 101.139 and 101.603 of our Rules, and any other fixed microwave radio service rules necessary to permit the Commission to process its applications to deploy service.642 Northpoint asserts that its proposed 634 See 47 C.F.R. § 1.4000. 635 We note that we recently expanded OTARD to apply to fixed wireless services when the antenna is otherwise within the scope of OTARD. See Promotion
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • licensing rules established in this proceeding. We believe this action will maximize the public interest by promoting fair and efficient licensing practices. 215. Waivers. For the reasons provided below, granting of the waivers filed to date for terrestrial service in the 12.2-12.7 GHz band is not warranted here. Northpoint seeks a waiver of Sections 101.105, 101.107, 101.109, 101.111, 101.115, 101.139, 101.603 and any other Commission rules that otherwise would preclude processing of its applications.537 Northpoint may obtain a waiver of our rules by demonstrating that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.txt
  • equation for determining the emission mask, set forth in Section 101.111(a)(2) of our Rules. Pending Applications Background. As stated earlier, on January 8, 1999, Northpoint filed waiver requests and applications for licenses for terrestrial use of the 12.2-12.7 GHz band, in response to the Ku Band Cut-Off Notice. Northpoint requests waivers of Sections 101.105, 101.107, 101.109, 101.111, 101.115, 101.139 and 101.603 of our Rules, and any other fixed microwave radio service rules necessary to permit the Commission to process its applications to deploy service. Northpoint asserts that its proposed service will be on a secondary, non-interfering basis to DBS services and on a co-primary basis with any new FSS entering the subject frequency band. On March 11, 1999, the Bureau sought
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990212.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990212.wp
  • at (202) 418-0620. PN 2/8/99; DA 99-217 Wireless Telecommunications Bureau Seeks Comment on Request for Waiver by the Consortium Digital Microwave System, Regarding The Use of Private Operational-Fixed Microwave Facilities On November 4, 1998, the Consortium Digital Microwave System, licensee of several private operational-fixed point-to-point microwave (POFM) stations in the 6 GHz band, filed a Request for Waiver of Section 101.603(b)(1) of the Commission's rules, which prohibits the use of POFM stations for provision of any kind of common carrier service. Comments due February 23; replies March 5. (DA No. 99-217). Contact: Ronald E. Quirk, Jr., Policy and Rules Branch, Public Safety and Private Wireless Division at (202) 418-1793. OFFICE OF ENGINEERING AND TECHNOLOGY ET 98-206 Parts 2 and 25 of
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990305.html
  • at (202) 418-0620. PN 2/8/99; DA 99-217 Wireless Telecommunications Bureau Seeks Comment on Request for Waiver by the Consortium Digital Microwave System, Regarding The Use of Private Operational-Fixed Microwave Facilities On November 4, 1998, the Consortium Digital Microwave System, licensee of several private operational-fixed point-to-point microwave (POFM) stations in the 6 GHz band, filed a Request for Waiver of Section 101.603(b)(1) of the Commission's rules, which prohibits the use of POFM stations for provision of any kind of common carrier service. Comments due February 23*; replies March 5. (DA No. 99-217). Contact: Ronald E. Quirk, Jr., Policy and Rules Branch, Public Safety and Private Wireless Division at (202) 418-1793. PN 2/10/99; DA 99-303 Aliant Communications, Inc. Seeks FCC Consent for Transfer
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000393.doc
  • Carrier Service on 2 GHz ) Private Operational Fixed Microwave ) Service Frequencies ) ORDER Adopted: February 24, 2000 Released: February 28, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION . In this Order, we consider requests submitted by Westinghouse Communications Services, Inc. (Westinghouse) and Nextel Communications, Inc. (Nextel) seeking waiver of Section 101.603(b)(1) of the Commission's Rules to permit common carrier service on 2 GHz band frequencies allocated exclusively to the Private Operational Fixed Point-to-Point Microwave Service (POFS). The waiver requests were placed on Public Notice on June 18, 1999. We received six comments and three reply comments. For the reasons set forth below, we deny the waiver requests. II. BACKGROUND . Section
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000472.doc
  • conclude that Datacom's showing is insufficient to overcome the high hurdle a waiver applicant faces. 16. We also find that Datacom has not shown how the underlying purpose of the rule, ensuring the availability of adequate spectrum to accommodate the needs of OFS and PCS services, will not be served or would be frustrated by application of Sections 101.101 and 101.603(b) to its proposal. In fact, we are concerned that grant of the requested relief could actually undermine the purpose because Datacom would receive nearly three times the amount of bandwidth permitted under the rules. Further, the Commission has specifically excluded the 2 GHz band from the list of frequencies for which a Private Operational Fixed Point-to-Point Microwave Service (POFS) licensee
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000487.doc
  • that Datacom's showing is insufficient to overcome the high hurdle a waiver applicant faces. 8. We also find that Datacom has not shown how the underlying purpose of the rule, ensuring the availability of adequate spectrum to accommodate the needs of private fixed and PCS services, will not be served or would be frustrated by application of Sections 101.101 and 101.603(b) to the circumstances presented. We note that the Commission has excluded the 2 GHz band (which includes the 1850-1990 MHz band) from the list of Private Operational Fixed Point-to-Point Microwave Service (POFS) frequencies for which a licensee can seek a waiver in order to provide common carrier service as well as internal communications. The Commission did so because it previously
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002239.doc
  • issues regarding the licensee's basic qualifications remain unresolved is designed to prevent licensees from evading responsibility for misdeeds committed during the license period. Id. See In re Applications of AirTouch Communications, Inc. and Vodafone Group, Plc, Memorandum Opinion and Order, DA 99-1200, 1999 WL 413,237 (WTB rel. June 22, 1999) at ¶¶ 5-9. Petition at 10-11 (citing 47 C.F.R. § 101.603(b)(1); 47 C.F.R. § 101.135). Id. at 10. Opposition at 23-26. Reply at 13. As a peripheral matter, we note that the Wireless Telecommunications Bureau previously granted waiver to Datacom of the Part 101 restrictions on common carrier traffic across private 1850-1990 MHz stations. In the Matter of Rig Telephones, Inc. d/b/a Datacom, Order, 13 FCC Rcd 25391 (1998). Subsequent to
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00033.doc
  • Part 101 rules. Other petitioners have requested minor clarifications of certain rules or have indicated the need for correction of clerical errors. Below, we address the pending petitions, set forth our reasons for granting or denying particular requests, and make necessary modifications and additions to the Part 101 rules. A. Expanded Use of 10.7 - 11.7 GHz Frequencies . Section 101.603(b)(3) of our Rules incorporates the prohibition, formerly found in Section 94.9(b)(3), against using POFS frequencies (except 6,425-6,525 MHz, 18,142-18,580 MHz, or above 21,200 MHz) for the final radio frequency link in the chain of transmission of program material to CATV, MDS, or MATV systems. OpTel, Inc. seeks clarification concerning whether the Commission intended to retain the "final link" restriction when
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001841.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001841.txt
  • 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 00-1841 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: August 14, 2000 Wireless Telecommunications Bureau Sets Permit-but-Disclose Status for PDC Broadband Corporation Requests for Waiver of Part 101 Rules On April 18, 2000, PDC BroadBand Corporation (PDC) filed requests for waiver of Sections 101.101, 101.105, 101.107, 101.111, 101.115, 101.139 and 101.603 of the Commission's Rules, 47 C.F.R. §§ 101.101, 101.105, 101.107, 101.111, 101.115, 101.139, 101.603, as well as any other fixed microwave radio service rules necessary to permit the processing of its applications pertaining to deployment of service in the 12.2-12.7 GHz band. PDC seeks authority to provide multichannel video programming, including the retransmission of local television broadcast signals, to 210
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002134.doc
  • 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 00-2134 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: September 20, 2000 Wireless Telecommunications Bureau Sets Permit-but-Disclose Status for Satellite Receivers, Ltd. Requests for Waiver of Part 101 Rules On August 25, 2000, Satellite Receivers, Ltd. (SRL) filed requests for waiver of Sections 101.101, 101.105, 101.107, 101.111, 101.115, 101.139 and 101.603 of the Commission's Rules, 47 C.F.R. §§ 101.101, 101.105, 101.107, 101.111, 101.115, 101.139, 101.603, as well as any other fixed microwave radio service rules necessary to permit the processing of its applications pertaining to deployment of service in the 12.2-12.7 GHz band. SRL seeks authority to provide multichannel video programming, including the retransmission of local television broadcast signals, to approximately
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990209.html
  • Bureau at (202) 418-1465. Released: February 8, 1999. WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER BY THE CONSORTIUM DIGITAL MICROWAVE SYSTEM, REGARDING THE USE OF PRIVATE OPERATIONAL-FIXED MICROWAVE FACILITIES.On November 4, 1998, the Consortium Digital Microwave System, licensee of several private operational-fixed point-to-point microwave (POFM) stations in the 6 GHz band, filed a Request for Waiver of Section 101.603(b)(1) of the Commission's rules, which prohibits the use of POFM stations for provision of any kind of common carrier service. Comments due February 23; replies March 5. (DA No. 99-217). Contact: Ronald E. Quirk, Jr., Policy and Rules Branch, Public Safety and Private Wireless Division at (202) 418-1793. ----------------------------------------------------------------------- --- SPEECHES ----------------------------------------------------------------------- --- """THE TELECOM ACT AT THREE: SEEING THE
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990311.html
  • to initiating or altering their intraLATA information services. Removed network information disclosure rules set forth in the Computer II and Computer III proceedings. Action by the Commission. Adopted: February 24, 1999. by R&O. (FCC No. 99-36). CCB Internet URL: [10]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99036.wp OPTEL, INC. Denied a Petition for Waiver filed by OpTel, Inc. on April 23, 1997, seeking a waiver of Section 101.603 of the Commission's Rules to permit OpTel to use frequencies in the 10.7-11.7 GHz band for fixed point-to-point microwave transmission of video entertainment material on a private carriage basis. Action by Deputy Bureau Chief. Adopted: March 9, 1999. by Order. (DA No. 99-406). WTB Internet URL: [11]http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990406.wp TRANSMISSIONS HOLDINGS, INC. Granted Transmission Holdings, Inc.'s (THI) Waiver Requests seeking waivers of
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990326.html
  • GHZ BAND. Proposed initiating the process for licensing a new generation of innovative mobile satellite services. Comments due June 24, replies July 26. Dkt No.: IB- 99-81. Action by the Commission. Adopted: March 28, 1999. by NPRM. (FCC No. 99-50). IB Internet URL: [19]http://www.fcc.gov/Bureaus/International/Notices/1999/fcc99050.wp CONSORTIUM DIGITAL MICROWAVE SYSTEM. Granted Consortium Digital Microwave System's request withdrawal of waiver request of Section 101.603(b)(1) of Rules. Adopted: March 25, 1999. by Order. (DA No. 99-585). WTB Internet URL: [20]http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990585.wp ESTABLISHMENT OF PUBLIC SERVICE RADIO POOL IN THE PRIVATE MOBILE FREQUENCIES BELOW 800 MHZ. Proposed changes to the FCC's rules and policies to implement the revised auction authority. Comments due 60 days and replies 90 days after Federal Register publication. Dkt No.: WT- 99-87. Action
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990507.html
  • Internet URL: [24]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da990865.wp DIVERSIFIED COMMUNICATIONS, INC. Denied Diversified's request for reconsideration of the dismissal of its application for local television transmission of WPJC398. Action by Chief, Public Safety and Private Wireless Division. Adopted: May 6, 1999. by Order. (DA No. 99-858). WTB Internet URL: [25]http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990858.wp MISSISSIPPI AUTHORITY FOR EDUCATIONAL TV. Denied MAET's request for waiver of 47 C.F. R., Section 101.603(b)(2) of Rules. Action by Chief, Public Safety and Private Wireless Division. Adopted: May 6, 1999. by MO&O. (DA No. 99-864). WTB Internet URL: [26]http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990864.wp [27][icon bar] References 1. http://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/1999/nrcc9028.wp 2. http://www.fcc.gov/Bureaus/Compliance/News_Releases/1999/nrci9017.wp 3. http://www.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9008.wp 4. http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990507.html 5. http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/combined/tt050699.pdf 6. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac990507.txt 7. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap990507.txt 8. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/ITFS_Notices/pnmm9072.html 9. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/TV_Notices/pnmm9128.wp 10. http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1999/da990863.wp 11. http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/pnwl9111.txt 12. http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da990860.wp 13. http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/da990806.wp 14. http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99090.wp 15. http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990871.txt 16. http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990869.txt 17.
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-296093A1.html
  • an entity that is eligible for licensing under Part 90 of the Rules. Pursuant to Section 101.135 of the Rules, a licensee of a Private Operational Fixed Point-to-Point Microwave radio station may provide private carrier service to any eligible entity for licensing under this part, regardless of individual eligibility restrictions, provided that the communications being carried are permissible under Section 101.603 of the Rules. One of the restricted uses, pursuant to Section 101.603(a)(7) of the Rules, is that licensees may transmit program material from one location to another, provided that the frequencies do not serve as the final RF link in the chain of distribution of the program material to a broadcast station. In this case, the microwave radio station WNTB570