FCC Web Documents citing 101.73

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

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  • GHz for use by the Mobile-Satellite Service, ET Docket No. 95-18, Second Report and Order and Second Memorandum Opinion and Order, 15 FCC Rcd 12315, 12339-12352, ¶¶ 75-112 (2000) (MSS Second Report and Order). These procedures were further modified in the MSS Third Report and Order. See MSS Third R&O, 18 FCC Rcd at 23671-23675, ¶¶ 68-78. 47 C.F.R. § 101.73(d). 47 C.F.R. § 101.75(d). See AWS Second Report and Order, 17 FCC Rcd at 23213-16 ¶¶ 42-47. AWS Sixth Report and Order at ¶¶ 74-76. Id. at ¶ 76. Id. Id. This rule, formerly at section 101.99, was redesignated to 101.82 in the MSS Third R&O and Third MO&O. See MSS Third R&O and Third MO&O, 18 FCC Rcd 23638,
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  • the Commission must consider the facts and circumstances of an EA licensee's refusal to provide information to an incumbent licensee to determine if it has breached its duty to negotiate in good faith. In conducting its evaluation of disputes regarding good faith in this context, the Commission will generally apply the criteria set forth in the PCS/Microwave context in Section 101.73 of our rules. For example, when evaluating claims that a party has not negotiated in good faith, the Commission will consider whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or facilitate the relocation process. We also decline to rule that a general relocation plan, based on public information regarding the
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  • FCC Rcd at 12338-39, ¶¶ 70-74. During ``mandatory'' negotiations, ``an [incumbent] licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably required to facilitate the relocation process.'' See id., 15 FCC Rcd at 12328, ¶ 38, citing 47 C.F.R. § 101.73. Id., 15 FCC Rcd at 12331, ¶ 48. Id., 15 FCC Rcd at 12339, ¶ 72. See also 47 C.F.R. § 74.690(e)(1). (We note that this sub-section of our Rules contains a typographical error indicating that the initial negotiation period begins on September 6, 2010. The correct starting date, consistent with the discussion in the Second Report and Order, is
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  • FCC Rcd at 12338-39, ¶¶ 70-74. During ``mandatory'' negotiations, ``an [incumbent] licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably required to facilitate the relocation process.'' See id., 15 FCC Rcd at 12328, ¶ 38, citing 47 C.F.R. § 101.73. Id., 15 FCC Rcd at 12331, ¶ 48. Id., 15 FCC Rcd at 12339, ¶ 72. Phase 2 of the BAS relocation plan is not triggered until Phase 1 spectrum is no longer sufficient to meet MSS requirements. Second Report and Order, 15 FCC Rcd at 12326, ¶ 30. Amendment of Section 2.106 of the Commission's Rules to Allocate Spectrum
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  • in the Upper 200 Channels of the 800 MHz Band, Memorandum Opinion and Order, 16 FCC Rcd 4882, 4884 (WTB 2001). The Wireless Telecommunications Bureau noted in this declaratory ruling, issued shortly before the close of the mandatory period in this case, that as part of each case-by-case determination, the Commission will generally apply the factors set forth in section 101.73 of the Commission's rules. 47 C.F.R. § 101.73. These factors include whether the auction winner has made a bona fide offer of relocation, whether any premium demanded by the Incumbent is disproportionate to the cost of providing comparable facilities, what steps the parties have taken to determine the actual cost of relocation, and whether either party has withheld information necessary
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  • of those fixed microwave operations subject to part 101. Need: The identified rules are necessary to define the rights and obligations of licensees in those portions of the band that have been reallocated from fixed microwave services to other services. Legal Basis: 47 U.S.C. 151, 154(i), 157(a), 301, 303(f), 303(g), 303(r), 307, 316. Section Number and Title: 101.71 Voluntary negotiations. 101.73 Mandatory negotiations. 101.75 Involuntary relocation procedures. 101.77 Public safety licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands. 101.79 Sunset provisions for licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands. 101.81 Future licensing in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands. SUBPART C - TECHNICAL STANDARDS Brief Description: The part 101 Rules prescribe
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  • had elected to terminate the lease for microwave equipment atop the building, and that Orange Crush had 6-months in which to remove the equipment. Id. at 2. See, e.g., 47 C.F.R. § 101.69 (Transition of the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands from the fixed microwave services to personal communications services and emerging technologies). See 47 C.F.R. § 101.73(b) (Mandatory negotiations). Requests at 2-3. Requests at 3. Id. at 3. Id. at Exhibit C (Letter dated May 17, 2007, to Mr. James Lombardo, Orange Crush Recycle, L.P., from Shannon Reilly Kraus, Corporate Counsel, T-Mobile, at 1 quoting 47 C.F.R. § 101.65(a). T-Mobile also requested that Orange Crush file the necessary documents with the Commission to cancel the licenses by
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  • owner had elected to terminate the lease for microwave equipment atop the building, and that Orange Crush had 6-months in which to remove the equipment. Id. at 2. 9See, e.g., 47 C.F.R. § 101.69 (Transition of the 1850­1990 MHz, 2110­2150 MHz, and 2160­2200 MHz bands from the fixed microwave services to personal communications services and emerging technologies). 10See47 C.F.R. § 101.73(b) (Mandatory negotiations). 11Requests at 2-3. 12Requests at 3. 13Id. at 3. 14Id. at Exhibit C (Letter dated May 17, 2007, to Mr. James Lombardo, Orange Crush Recycle, L.P., from Shannon Reilly Kraus, Corporate Counsel, T-Mobile, at 1 quoting47 C.F.R. § 101.65(a). T-Mobile alsorequested that Orange Crush file the necessary documents with the Commission to cancel the licenses by June 7,
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  • 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 MHz, 2110-2150 MHz, and 2160-2200 MHz bands from the fixed microwave services to personal communications services and emerging technologies. 101.73 Mandatory negotiations. 101.75 Involuntary relocation procedures. 101.81 Future licensing in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands. 101.83 Modification of station license. 101.85 Transition of the 18.3-19.3 GHz band from the terrestrial fixed services to the fixed-satellite service (FSS). 101.89 Negotiations. 101.91 Involuntary relocation procedures. 101.95 Sunset provisions for licensees in the 18.30-19.30 GHz band. 101.97 Future licensing
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  • that new entrants only be required to clear as much spectrum as is necessary to provide their service. Only when spectrum-clearing costs are tied to a particular service can licensees assess whether it is economical for them to proceed with their business plans. See 47 C.F.R. §§ 101.67-101.81. See 47 C.F.R. §§ 101.69 (c) and 101.75. See 47 C.F.R. § 101.73. See 47 C.F.R. 101.75 (a)(3). In part this is no doubt a function of the long negotiating periods: new entrants cannot afford to wait years until the involuntary relocation phase to clear out the incumbents. This determination assumes, at least implicitly, that the new entrant cannot share with the incumbent service providers. See Jan Paul Acton, Stanley M. Besen, Charles
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  • Amendment of Section 2.106 of the commission's Rules to Allocate Spectrum at 2 GHz for Use by the Mobile-Satellite Service, ET Docket No. 95-18, Second Report and Order and Second Memorandum Opinion and Order, 15 FCC Rcd 12315 (2000), recon. pending, petition for review pending. See also 47 C.F.R. §§ 101.69(d) (eliminating voluntary negotiations and shortening the mandatory negotiation period); 101.73(d) (providing guidance on comparable facilities for the mandatory negotiation period); 101.75(d) (eliminating the right to return); 101.83 (reimbursement of relocation costs between MSS and other emerging technology licensees). See 47 C.F.R. § 101.83. See Redevelopment of Spectrum to Encourage Innovation in the Use of New Telecommunications Technologies, ET Docket No. 92-9, Second Report and Order, 8 FCC Rcd 6495 (1993).
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  • 15 FCC Rcd 12315 at ¶50 and ¶80. Id. at ¶¶70-74. (During ``mandatory'' negotiations, ``an [incumbent] licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably required to facilitate the relocation process.'' See id. at ¶38, citing 47 C.F.R. § 101.73.) Id. at ¶48. Id. at ¶72. 47 C.F.R. §74.690(e)(1). (We note that this sub-section contains a typographical error indicating that the initial negotiation period begins on September 6, 2010. The correct starting date, consistent with the discussion in the Second Report and Order, is September 6, 2000.) Phase 2 of the BAS relocation plan is not triggered until Phase 1
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  • of the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands from the fixed microwave services to personal communications services and emerging technologies. * * * * * (d) Relocation of FMS licensees in the 2110-2150 and 2160-2200 MHz bands will be subject to mandatory negotiations only. Mandatory negotiation periods are defined as follows: * * * * * 5. Section 101.73 is amended by revising paragraphs (d) and (d)(3) to read as follows: § 101.73 Mandatory negotiations. * * * * * (d) Provisions for Relocation of Fixed Microwave Licensees in the 2110-2150 and 2160-2200 MHz bands. Mandatory negotiations will commence when the ET licensee informs the fixed microwave licensee in writing of its desire to negotiate. * * * *
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  • relocate all Existing Licensees in Nielsen Designated Market Areas (DMAs) 1-30, as such DMAs existed on September 6, 2000, and all fixed stations operating in the 1990-2025 MHz band on a primary basis, prior to beginning operations, except those Existing Licensees that decline relocation. Such relocation negotiations shall be conducted as ``mandatory negotiations,'' as that term is used in § 101.73 of this Chapter. If these parties are unable to reach a negotiated agreement, MSS Licensees may involuntarily relocate such Existing Licensees and fixed stations after [date of publication in the Federal Register + one year]. (ii) On the date that the first MSS licensee begins operations in the 2000-2020 MHz band, Broadcast Auxiliary Service licensees and fixed service licensees that
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  • are taking place, BAS operations could be on three different band plans, and some BAS licensees would face the disruption and down time associated with being twice relocated in a short period of time. See MSS Third R&O, 18 FCC Rcd at 23655 ¶ 33. MSS Second R&O, 15 FCC Rcd at 12328-31 ¶¶ 38-49. See generally, 47 C.F.R. § 101.73 (good faith negotiation requirement). For purposes of the relocation plan, BAS markets consist of Nielsen Designated Market Areas (DMAs) as they existed on June 27, 2000. MSS Second R&O, 15 FCC Rcd at 12331 ¶ 42. MSS Second R&O, 15 FCC Rcd at 12331 ¶ 48. See generally, 47 C.F.R. § 101.75. Under involuntary relocation, the new MSS entrant may,
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  • are taking place, BAS operations could be on three different band plans, and some BAS licensees would face the disruption and down time associated with being twice relocated in a short period of time. See MSS Third R&O, 18 FCC Rcd at 23655 ¶ 33. MSS Second R&O, 15 FCC Rcd at 12328-31 ¶¶ 38-49. See generally, 47 C.F.R. § 101.73 (good faith negotiation requirement). For purposes of the relocation plan, BAS markets consist of Nielsen Designated Market Areas (DMAs) as they existed on June 27, 2000. MSS Second R&O, 15 FCC Rcd at 12331 ¶ 42. MSS Second R&O, 15 FCC Rcd at 12331 ¶ 48. See generally, 47 C.F.R. § 101.75. Under involuntary relocation, the new MSS entrant may,
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  • GHz for use by the Mobile-Satellite Service, ET Docket No. 95-18, Second Report and Order and Second Memorandum Opinion and Order, 15 FCC Rcd 12315, 12339-12352, ¶¶ 75-112 (2000) (MSS Second Report and Order). These procedures were further modified in the MSS Third Report and Order. See MSS Third R&O, 18 FCC Rcd at 23671-23675, ¶¶ 68-78. 47 C.F.R. § 101.73(d). 47 C.F.R. § 101.75(d). See AWS Second Report and Order, 17 FCC Rcd at 23213-16 ¶¶ 42-47. AWS Sixth Report and Order at ¶¶ 74-76. Id. at ¶ 76. Id. Id. This rule, formerly at section 101.99, was redesignated to 101.82 in the MSS Third R&O and Third MO&O. See MSS Third R&O and Third MO&O, 18 FCC Rcd 23638,
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  • for non-public safety incumbent licensees in order to ensure that there will be an opportunity for meaningful negotiations. Finally, API/UTC urge the Commission to require relocation of paired FS links in the 2130-2150 MHz band whenever a new MSS licensee relocates incumbent FS operations in the 2180-2200 MHz band. AWS issues. API/UTC state that certain amendments to sections 101.69 and 101.73 of our rules that the Commission adopted in the MSS Third R&O and Third MO&O result in gaps and uncertainties about the negotiation periods and sunset provisions for FS relocations from the 2110-2150 MHz band by AWS licensees. Petitioners further state that these issues result from the deletion of references to the 2110-2150 MHz band that were codified in the
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  • 2495-2690 MHz band. Good Faith Requirement. Finally, we expect the parties involved in the replacement or retuning of BRS equipment to negotiate in good faith, that is, each party would be required to provide information to the other that is reasonably necessary to facilitate the relocation process. We therefore propose to apply the good faith guidelines of 47 C.F.R. § 101.73 to BRS negotiations, and we seek comment on this proposal. Interference Issues/Technical Standards The Commission currently provides for the protection of fixed microwave services operating in the 1.9 GHz and 2.1 GHz bands through the provisions of Section 24.237 of our rules. Under Section 24.237, PCS licensees operating in the 1850-1990 MHz band and AWS licensees operating in the 2110-2155
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  • public interest is best served by "synchronizing the MSS reimbursement obligation with the completion of 800 MHz reconfiguration and the true-up process established by the [800 MHz R&O]."303 Nextel also contends that granting TMI and TerreStar's request would give MSS licensees an "incentive to delay the initiation of service simply to avoid the reimbursement obligation."304 299 See 47 C.F.R. § 101.73. 300 See 800 MHz R&O, 19 FCC Rcd at 15099 ¶ 261. 301 See TMI Communications Company (TMI) and TerreStar Networks (TerreStar) Joint Request for Clarification dated Dec. 22, 2004 at 2 (TMI/TerreStar PFR (of R&O)); see also TMI and TerreStar Reply to Nextel Opposition dated May 2, 2005 (TMI/TerreStar Reply). 302 See TMI/TerreStar PFR (of R&O) at 5-6. 303
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  • have taken to determine the actual cost of relocation to comparable facilities; and (3) whether either party has unreasonably withheld information essential to the accurate estimation of relocation costs and procedures requested by the other party. The record generally supports a good faith requirement and we therefore adopt our proposal to apply the good faith guidelines of 47 C.F.R. § 101.73 to BRS negotiations. In addition, we note that our cost-sharing rules require the AWS relocator to obtain a third party appraisal of relocation costs, which, in turn, would require the appraiser to have access to the BRS incumbent's system prior to relocation. Accordingly, we will require that a BRS incumbent cooperate with an AWS licensee's request to provide access to
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  • to examine the possibility of creating emerging technologies bands with these considerations in mind. See Creating New Technology Bands for Emerging Telecommunications Technology, OET/TS 92-1 (January 1992). Emerging Technologies Third R&O, 8 FCC Rcd at 6591, 6603 ¶¶ 5, 36. See Microwave Cost Sharing First R&O and FNPRM, 11 FCC Rcd at 8840-8844 ¶¶ 27-34. See also 47 C.F.R. §§ 101.73, 101.75, 101.91. See, e.g., Microwave Cost Sharing First R&O and FNPRM, 11 FCC Rcd at 8843 ¶ 33; Emerging Technologies First R&O and Third NPRM, 7 FCC Rcd at 6889 ¶ 19 (recognizing, in the context of relocation of 2 GHz fixed microwave incumbents by PCS licensees, that fiber optics and satellites could, in some cases, allow for the provision
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  • relocate all Existing Licensees in Nielsen Designated Market Areas (DMAs) 1-30, as such DMAs existed on September 6, 2000, and all fixed stations operating in the 1990-2025 MHz band on a primary basis, prior to beginning operations, except those Existing Licensees that decline relocation. Such relocation negotiations shall be conducted as "mandatory negotiations," as that term is used in § 101.73 of this chapter. If these parties are unable to reach a negotiated agreement, MSS Licensees may involuntarily relocate such Existing Licensees and fixed stations after December 8, 2004. (ii) [Reserved] (iii) On the date that the first MSS licensee begins operations in the 2000- 2020 MHz band, a one-year mandatory negotiation period begins between MSS licensees and Existing Licensees in
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  • (i) MSS licensees may relocate all Existing Licensees in Nielsen Designated Market Areas (DMAs) 1-30, as such DMAs existed on September 6, 2000, and all fixed stations operating in the 1990-2025 MHz band on a primary basis, except those Existing Licensees that decline relocation. Such relocation negotiations shall be conducted as ``mandatory negotiations,'' as that term is used in § 101.73 of this chapter. If these parties are unable to reach a negotiated agreement, MSS Licensees may involuntarily relocate such Existing Licensees and fixed stations after December 8, 2004. * * * * * PART 78 -- CABLE TELEVISION RELAY SERVICE Section 78.40 is amended by revising paragraph (f)(1) and (i) to read as follows: § 78.40 Transition of the 1990-2025
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  • noted. Section 101.69 is amended by revising paragraph (e) introductory text to read as follows: § 101.69 Transition of the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands from the fixed microwave services to personal communications services and emerging technologies. ***** (e) Relocation of FMS licensees by Mobile-Satellite Service (MSS) licensees will be subject to mandatory negotiations only. ***** Section 101.73 is amended by revising paragraphs (a) and (d) introductory text to read as follows: § 101.73 Mandatory negotiations. (a) A mandatory negotiation period may be initiated at the option of the ET licensee. Relocation of FMS licensees by Mobile Satellite Service (MSS) operators and AWS licensees in the 2110-2150 MHz and 2160-2200 MHz bands will be subject to mandatory negotiations
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  • Amendment of Section 2.106 of the commission's Rules to Allocate Spectrum at 2 GHz for Use by the Mobile-Satellite Service, ET Docket No. 95-18, Second Report and Order and Second Memorandum Opinion and Order, 15 FCC Rcd 12315 (2000), recon. pending, petition for review pending. See also 47 C.F.R. §§ 101.69(d) (eliminating voluntary negotiations and shortening the mandatory negotiation period); 101.73(d) (providing guidance on comparable facilities for the mandatory negotiation period); 101.75(d) (eliminating the right to return); 101.83 (reimbursement of relocation costs between MSS and other emerging technology licensees). See 47 C.F.R. § 101.83. See Redevelopment of Spectrum to Encourage Innovation in the Use of New Telecommunications Technologies, ET Docket No. 92-9, Second Report and Order, 8 FCC Rcd 6495 (1993).
• http://transition.fcc.gov/eb/Orders/2004/DA-04-656A1.html
  • in the Upper 200 Channels of the 800 MHz Band, Memorandum Opinion and Order, 16 FCC Rcd 4882, 4884 (WTB 2001). The Wireless Telecommunications Bureau noted in this declaratory ruling, issued shortly before the close of the mandatory period in this case, that as part of each case-by-case determination, the Commission will generally apply the factors set forth in section 101.73 of the Commission's rules. 47 C.F.R. 101.73. These factors include whether the auction winner has made a bona fide offer of relocation, whether any premium demanded by the Incumbent is disproportionate to the cost of providing comparable facilities, what steps the parties have taken to determine the actual cost of relocation, and whether either party has withheld information necessary to
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  • Amendment of Section 2.106 of the commission's Rules to Allocate Spectrum at 2 GHz for Use by the Mobile-Satellite Service, ET Docket No. 95-18, Second Report and Order and Second Memorandum Opinion and Order, 15 FCC Rcd 12315 (2000), recon. pending, petition for review pending. See also 47 C.F.R. §§ 101.69(d) (eliminating voluntary negotiations and shortening the mandatory negotiation period); 101.73(d) (providing guidance on comparable facilities for the mandatory negotiation period); 101.75(d) (eliminating the right to return); 101.83 (reimbursement of relocation costs between MSS and other emerging technology licensees). See 47 C.F.R. § 101.83. See Redevelopment of Spectrum to Encourage Innovation in the Use of New Telecommunications Technologies, ET Docket No. 92-9, Second Report and Order, 8 FCC Rcd 6495 (1993).
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00233.doc
  • incumbents. Thus, the negotiation period for relocation of non-public safety FS incumbents is now one year for voluntary negotiations and one year for mandatory negotiations, for a total of two years. We proposed to adjust the negotiation periods for the 1990-2025 MHz band in the same manner. We also proposed to apply the good faith requirements of 47 C.F.R. § 101.73 to negotiations for the relocation of BAS. 39. Comments on the freedom of negotiations varied widely. IUSG, for example, suggests that we establish negotiation periods and a sunset date, and otherwise leave negotiations to the parties. MSTV/NAB request that we mandate that each industry in the negotiations be represented by a national negotiator, and that we mandate full compensation for
• http://www.fcc.gov/eb/Orders/2004/DA-04-656A1.html
  • in the Upper 200 Channels of the 800 MHz Band, Memorandum Opinion and Order, 16 FCC Rcd 4882, 4884 (WTB 2001). The Wireless Telecommunications Bureau noted in this declaratory ruling, issued shortly before the close of the mandatory period in this case, that as part of each case-by-case determination, the Commission will generally apply the factors set forth in section 101.73 of the Commission's rules. 47 C.F.R. 101.73. These factors include whether the auction winner has made a bona fide offer of relocation, whether any premium demanded by the Incumbent is disproportionate to the cost of providing comparable facilities, what steps the parties have taken to determine the actual cost of relocation, and whether either party has withheld information necessary to
• http://www.fcc.gov/mb/engineering/part78.pdf
  • Parties may not decline to negotiate, though Existing Licensees may decline to be relocated. (i) MSS licensees may relocate all Existing Licensees in Nielsen Designated Market Areas (DMAs) 1­ 30, as such DMAs existed on September 6, 2000, except those Existing Licensees that decline relocation. Such relocation negotiations shall be conducted as "mandatory negotiations," as that term is used in §101.73 of this chapter. If these parties are unable to reach a negotiated agreement, MSS Licensees may involuntarily relocate such Existing Licensees after December 8, 2004. (ii) [Reserved] (iii) On the date that the first MSS licensee begins operations in the 2000­2020 MHz band, a one-year mandatory negotiation period begins between MSS licensees and Existing Licensees in DMAs 31­210, as such