FCC Web Documents citing 101.75

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

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  • the high-power band by re-tuning the existing point-to-point equipment to operate in the high-power band or replacing it with equipment tuned to operate in the high-power band; the replacement of the point-to-point link with point-to-point equipment licensed to the ITFS licensee in alternative spectrum, so long as the replacement facilities meet the definition of ``comparable facilities'' set out in Section 101.75(b) of the Commission's rules. APPENDIX D LIST OF PLEADINGS The following documents were filed in response to the Public Notice: Wireless Telecommunications Bureau Seeks Comment on Proposal to Revise Multichannel Multipoint Distribution Service and the Instructional Television Fixed Service Rules, RM-10586, 17 FCC Rcd 20526 (WTB 2002). LIST OF PARTIES RESPONDING TO THE PUBLIC NOTICE Comments Adams Telecom, Inc. Archdiocese
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  • 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, Appendix B. See Petition
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  • architecture, and 132 megahertz in small markets using a single super-cell configuration. See Cisco Comments at 7. In the large market they studied, Cisco found that base station deployment would triple. See Cisco Comments at 12. See HAI Study at 24-28. See WCA Supplemental Comments, March 21, 2001, at 4-5. See Cisco Comments at 12. See, e.g., 47 C.F.R. § 101.75. See also 47 C.F.R. § 101.79, which specifies sunset provisions for incumbent licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2150-2160 MHz bands. In those bands, emerging technology licensees are not required to pay relocation costs to incumbents ten years after the voluntary negotiation period begins for the first emerging technology licensees. See NIA Supplemental Comments of March 20, 2001,
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  • architecture, and 132 megahertz in small markets using a single super-cell configuration. See Cisco Comments at 7. In the large market they studied, Cisco found that base station deployment would triple. See Cisco Comments at 12. See HAI Study at 24-28. See WCA Supplemental Comments, March 21, 2001, at 4-5. See Cisco Comments at 12. See, e.g., 47 C.F.R. § 101.75. See also 47 C.F.R. § 101.79, which specifies sunset provisions for incumbent licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2150-2160 MHz bands. In those bands, emerging technology licensees are not required to pay relocation costs to incumbents ten years after the voluntary negotiation period begins for the first emerging technology licensees. See NIA Supplemental Comments of March 20, 2001,
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  • 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 the manner in
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  • (Appeal) Tj 1 0 0 1 357.1 389.549 Tm 238 Tz /OPBaseFont3 4 Tf (____________) Tj 1 0 0 1 376.55 379 Tm 85 Tz /OPBaseFont3 11 Tf (2003) Tj 1 0 0 1 450 378.799 Tm 95 Tz /OPBaseFont1 11 Tf (3/7/2005) Tj 1 0 0 1 102.2 367 Tm 99 Tz (Christian Academy) Tj 1 0 0 1 101.75 354.549 Tm 242 Tz /OPBaseFont3 4 Tf (Paterson, New Jersey) Tj 1 0 0 1 101.75 341.349 Tm 99 Tz /OPBaseFont1 11 Tf (Hardin County Schools) Tj 1 0 0 1 230.4 351.399 Tm 252 Tz /OPBaseFont1 4 Tf (____________) Tj 1 0 0 1 244.8 341.099 Tm 95 Tz /OPBaseFont1 11 Tf (468011) Tj 1 0 0 1 297.6
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  • 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 in the 18.30-19.30
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  • Tj 1 0 0 1 213.6 147.649 Tm 95 Tz /OPBaseFont4 10 Tf (9561,) Tj 1 0 0 1 238.05 147.649 Tm 98 Tz /OPBaseFont3 10 Tf (para. 34.) Tj 1 0 0 1 72.95 130.349 Tm 94 Tz /OPBaseFont4 10 Tf (81d) Tj 1 0 0 1 92.15 130.349 Tm /OPBaseFont3 10 Tf (at) Tj 1 0 0 1 101.75 130.349 Tm 96 Tz /OPBaseFont4 10 Tf (9561,) Tj 1 0 0 1 126.45 130.349 Tm /OPBaseFont3 10 Tf (para. 33 n.1 10; 47 C.F.R. §) Tj 1 0 0 1 244.05 129.849 Tm 92 Tz /OPBaseFont4 10 Tf (1.58,) Tj 1 0 0 1 266.85 129.899 Tm 94 Tz /OPBaseFont3 10 Tf (1.1203.) Tj 1 0 0 1 72.7
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  • 0 1 71 132.25 Tm 50 Tz /OPBaseFont0 11 Tf (16) Tj 1 0 0 1 79.4 127.699 Tm 90 Tz /OPBaseFont1 11 Tf (Letter from Christopher L. Shearer, Franklin County Schools, to USAC, Schools and Libraries Division, dated Oct.) Tj 1 0 0 1 71.5 116.199 Tm 89 Tz (19, 2010 \(Appeal to USAC\).) Tj 1 0 0 1 101.75 94.599 Tm 99 Tz /OPBaseFont2 10 Tf (Unified School District Order) Tj 1 0 0 1 223.9 94.599 Tm 97 Tz /OPBaseFont1 10 Tf (at para. 3.) Tj ET endstream endobj 31 0 obj 3769 endobj 28 0 obj << /Font << /OPBaseFont0 9 0 R /OPBaseFont1 11 0 R /OPBaseFont2 13 0 R >> /ProcSet 3 0 R /XObject
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  • 661.5 Tm (the competitive bidding process for F-rate eligible services on November) Tj 1 0 0 1 392.15 661 Tm 96 Tz /OPBaseFont1 10 Tf (15,) Tj 1 0 0 1 407.75 660.75 Tm 109 Tz /OPBaseFont2 10 Tf (2007 for FYs 2008 through) Tj 1 0 0 1 64.299 651.899 Tm 94 Tz (2010.11) Tj 1 0 0 1 101.75 648.75 Tm 109 Tz (Trillion was the only service provider to respond to the FCC Form 470.12 Trillion proposed to) Tj 1 0 0 1 64.299 636.049 Tm 108 Tz (amend its existing contract with Dimmitt to incorporate the additional requested equipment and services.13) Tj 1 0 0 1 64.049 623.35 Tm 109 Tz (In February 2008, Dimmitt signed another
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  • service operations in the 18.58-19.3 GHz band will be subject to new Rules Sections in Parts 74, 78 and 101, all containing the text of new Section 101.85, which will govern transition of the 18.58-19.3 GHz band from the terrestrial fixed services to the fixed-satellite service (FSS). These new rules are based upon the concepts used in the existing Section 101.75 for the PCS service transition. The relocation rules we adopt in this Report and Order define when the relocation is considered completed, depending, in part, on the confirmation by the fixed station, after a 12-month trial period, that the new facilities are comparable. Generally, commenters focused their remarks on three aspects of our grandfathering proposal: which stations should be grandfathered
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  • example of sensitive stations. See ¶ 57. See ¶ 58. On January 6, 1993, the President signed Executive Order 12829, establishing the National Industrial Security Program, which establishes procedures for safeguarding Federal Government classified information that is released to, among others, licensees of the Federal Government. See BBA-97, § 3002(d) (codified at 47 U.S.C. § 923(g)(3)). See 47 C.F.R. § 101.75(b). See 5. U.S.C. § 603, The RFA, see 5 U.S.C. § 601 et.seq., has been amended by the Contract With America Advancement Act of 1996, Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). 5 U.S.C. § 603(b)(3). See 5 U.S.C. § 601(3). 15 U.S.C.
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  • The Use Of New Telecommunications Technologies, ET Docket No. 92-9, First Report and Order and Third Notice of Proposed Rule Making, 7 FCC Rcd 6886 (1992) at ¶ 31. See 47 C.F.R. § 101.81. See http://auctions2.aca.gov.au/auctionbackground_infopackage.htm See 47 C.F.R. §§ 101.69-101.83. We note that only those licenses that have primary status are entitled to relocation compensation. See 47 CFR § 101.75(a). See 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
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  • the relocation process has proceeded successfully. AMTA Petition at 2; PCIA Comments at 3. Amendment to the Commission's Rules Regarding a Plan for Sharing the Costs of Microwave Relocation, First Report and Order and Further Notice of Proposed Rule Making, 11 FCC Rcd. 8825, 8838 (¶ 23) (incumbent must be made ``whole,'' which includes being provided with ``comparable facilities''). Section 101.75 requires the payment of relocation costs to the incumbent but envisages that this will occur after the relocation process is completed, not according to a progress payments system. See 47 C.F.R. § 101.75. AMTA Petition at 4-5 (¶ 8), 6-7 (¶¶ 11-13). Petrocom Petition at 1. Id. Auction 34 concluded on September 1, 2000, and Auction 36 concluded on December
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  • FMS system. ET licensees would compensate FMS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, and increased utility fees) for five years after relocation. ET licensees could satisfy this obligation by making a lump-sum payment based on present value using current interest rates. * * * * * * * * 4. Section 101.75 is revised by amending paragraph (d) to read as follows: § 101.75 Involuntary relocation procedures. * * * * * (d) Twelve-month trial period. If, within one year after the relocation to new facilities, the FMS licensee demonstrates that the new facilities are not comparable to the former facilities, the ET licensee must remedy the defects or pay to relocate
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  • negotiation period or for fees that cannot be tied legitimately to the provision of comparable facilities. 18 GHz Order, 15 FCC Rcd at 13469, ¶ 82 n.165; 47 C.F.R. § 101.91(a)(1). These include all engineering and cost analyses of the relocation procedure and, identifying and obtaining, on the incumbent's behalf, new microwave frequencies and frequency coordination. See 47 C.F.R. § 101.75(a)(2). Replacement systems for involuntarily relocated facilities must be at least equivalent to the existing facility with respect to throughput, reliability, and operating costs. See 47 C.F.R. § 101.89(d). 18 GHz Order, 15 FCC Rcd at 13469, ¶ 82; First Order on Reconsideration, 16 FCC Rcd at 19838, ¶ 70. 18 GHz Order, 15 FCC Rcd at 13470, ¶ 82. 18
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  • negotiation period or for fees that cannot be tied legitimately to the provision of comparable facilities. 18 GHz Order, 15 FCC Rcd at 13469, ¶ 82 n.165; 47 C.F.R. § 101.91(a)(1). These include all engineering and cost analyses of the relocation procedure and, identifying and obtaining, on the incumbent's behalf, new microwave frequencies and frequency coordination. See 47 C.F.R. § 101.75(a)(2). Replacement systems for involuntarily relocated facilities must be at least equivalent to the existing facility with respect to throughput, reliability, and operating costs. See 47 C.F.R. § 101.89(d). 18 GHz Order, 15 FCC Rcd at 13469, ¶ 82; First Order on Reconsideration, 16 FCC Rcd at 19838, ¶ 70. 18 GHz Order, 15 FCC Rcd at 13470, ¶ 82. 18
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  • at 15562, para. 76. Comments of the American Petroleum Institute (API) to the AWS Further Notice at 6-7. Id. Consistent with 47 C.F.R. §101.105 (c), procedures other than TSB-10F that follow generally acceptable good engineering practices are also acceptable. MSS Second Report and Order, 15 FCC Rcd at 12346, para. 97, n.160. See also, 47 C.F.R. §101.79 (a). 47 C.F.R. §101.75 (d) Initial Comments of Blooston Law Firm (Blooston) to the AWS Further Notice. See MSS Second Report and Order, 15 FCC Rcd at 12351, para. 108 regarding alternative media (citing Emerging Technologies Report and Order and Third Notice, 7 FCC Rcd 6886, para. 24). See also, 47 C.F.R. § 24.243 (b) that specifies leased facilities as an example of relocation
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  • the high-power band by re-tuning the existing point-to-point equipment to operate in the high-power band or replacing it with equipment tuned to operate in the high-power band; the replacement of the point-to-point link with point-to-point equipment licensed to the ITFS licensee in alternative spectrum, so long as the replacement facilities meet the definition of ``comparable facilities'' set out in Section 101.75(b) of the Commission's rules. APPENDIX D LIST OF PLEADINGS The following documents were filed in response to the Public Notice: Wireless Telecommunications Bureau Seeks Comment on Proposal to Revise Multichannel Multipoint Distribution Service and the Instructional Television Fixed Service Rules, RM-10586, 17 FCC Rcd 20526 (WTB 2002). LIST OF PARTIES RESPONDING TO THE PUBLIC NOTICE Comments Adams Telecom, Inc. Archdiocese
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  • the high-power band by re-tuning the existing point-to-point equipment to operate in the high-power band or replacing it with equipment tuned to operate in the high-power band; the replacement of the point-to-point link with point-to-point equipment licensed to the ITFS licensee in alternative spectrum, so long as the replacement facilities meet the definition of ``comparable facilities'' set out in Section 101.75(b) of the Commission's rules. APPENDIX D LIST OF PLEADINGS The following documents were filed in response to the Public Notice: Wireless Telecommunications Bureau Seeks Comment on Proposal to Revise Multichannel Multipoint Distribution Service and the Instructional Television Fixed Service Rules, RM-10586, 17 FCC Rcd 20526 (WTB 2002). LIST OF PARTIES RESPONDING TO THE PUBLIC NOTICE Comments Adams Telecom, Inc. Archdiocese
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  • (January 21, 2003). Petition at 3-4, 18-20. The IMCC suggests applications for new FS systems at 18.3-18.58 GHz be accepted once the applicant, by affidavit, shows that 1) the application was substantially complete on November 19, 2002, and would have been filed soon thereafter but for the application cut-off on that date, and (ii) comparable facilities, as defined in Section 101.75(b), cannot be coordinated and constructed at comparable cost in another band. Petition at 19. . Opposition to Emergency Request for Immediate Relief, submitted by the Satellite Industry Association (May 15, 2003) (``SIA Opposition to Emergency Request''). The SIA submitted its Opposition on May 15, 2003 to comply with the filing requirements specified in section 1.45(d) of our rules. 47 C.F.R.
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  • 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, at its own expense, make necessary modifications to or replace the incumbent licensee's BAS equipment such that the BAS licensee receives comparable performance from the modifications or replaced equipment. The current mandatory negotiation periods adopted in the MSS Third R&O are as follows: MSS licensees and BAS incumbents in markets 1-30 and
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  • 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, at its own expense, make necessary modifications to or replace the incumbent licensee's BAS equipment such that the BAS licensee receives comparable performance from the modifications or replaced equipment. The current mandatory negotiation periods adopted in the MSS Third R&O are as follows: MSS licensees and BAS incumbents in markets 1-30 and
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  • 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, Appendix B. See Petition
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  • ¶¶ 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. See 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, at its own expense, make necessary modifications to or replace the incumbent licensee's BAS equipment such that the BAS licensee receives comparable performance from the modifications or replaced equipment. The current mandatory negotiation periods adopted in the MSS Third R&O are as follows: MSS licensees and BAS incumbents in markets 1-30 and
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  • the comparable facilities requirement. Because we have already identified relocation spectrum in the 2495-2690 MHz band (2.5 GHz band) for BRS licensees currently in the 2150-2160/62 MHz band (2.1 GHz band), we also seek comment on a proposal whereby the Commission would reassign 2.1 GHz BRS licensees, whose facilities have not been constructed or are not in use per Section 101.75 of the Commission's rules, to their corresponding frequency assignments in the 2.5 GHz band as part of the overall BRS transition. Specifically, we propose to modify the licenses of these 2.1 GHz BRS licensees to assign them 2.5 GHz spectrum in the same geographic areas covered by their licenses upon the effective date of the Report and Order in this
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  • to allow incumbent BRS licensees to rely on the throughput, reliability, and operating costs of facilities operated by a lessee in negotiating ``comparable facilities.'' BRS licensees may also use these same factors for determinations of ``comparable facilities'' during involuntary relocation, except that the BRS licensee may only rely on the facilities that are ``in use'' pursuant to 47 C.F.R. § 101.75 by the lessee at the time of relocation. Finally, in cases where the BRS licensee discontinues leasing arrangements prior to relocation, the lessee is not entitled to recover lost investment from the new AWS entrant. Licensee Eligibility. In the AWS Fifth Notice, we proposed that a primary BRS licensee whose license, prior to relocation, is renewed or assigned, or whose
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  • programming to the MBS by retuning the existing point-to-point equipment to operate in the MBS or replacing it with equipment tuned to operate in the MBS; or the replacement of the point-to-point link with point-to-point equipment licensed to the EBS licensee in alternative spectrum, so long as the replacement facilities meet the definition of ``comparable facilities'' set out in Section 101.75(b) of the Commission's microwave relocation rules. Discussion. Based upon our analysis of the available licensing records, EBS licensees frequently use some of their channels for studio-to-transmitter links. Therefore, we agree with WCA that this situation occurs frequently and that safe harbor No. 9 is of general applicability. Furthermore, we believe that the adoption of safe harbor No. 9 will be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-158A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-158A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-158A1.txt
  • licensees at 1995-2000 MHz: (i) Existing Licensees in DMAs 1-30, as such DMAs existed on September 6, 2000, are subject to involuntary relocation. Under involuntary relocation, the Existing Licensees are required to relocate providing that the New Entrant complies with the requirements set-forth in paragraph (c) of this section and furnishes Existing Licensees with comparable facilities, as defined in § 101.75 (b) of this chapter. (ii) For the remaining DMAs, as such DMAs existed on September 6, 2000, a one-year mandatory negotiation period will commence between Existing Licensees and New Entrants (if such has not already occurred or been triggered) when an AWS licensee approaches any Existing Licensee operating in the specific DMA. Mandatory negotiations shall be conducted in accordance with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-73A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-73A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-73A1.txt
  • has offered to coordinate ``24/7'' with BAS licensees in uncleared markets. Id. at 8. TerreStar ex parte in WT Docket No. 02-55, filed Dec. 18, 2007 at 9. ICO ex parte in WT Docket No. 02-55, filed Dec. 19, 2007 at 3. ICO ex parte in WT Docket No. 02-55, filed Dec. 18, 2007 at 6-8 (citing 47 C.F.R. § 101.75). ICO ex parte in WT Docket No. 02-55, filed Feb. 26, 2008. Id. at 2-3. Id. at 7. Id. at 4 n.5. This request would in effect make the unrelocated BAS licensees secondary to the MSS licensees. ICO states that they would remain committed to working with the broadcasters to minimize interference. Id. at 5-6. Id. at 6. Specifically, ICO
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-58A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-58A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-58A1.txt
  • beamwidth for FS stations in 6 GHz band is 2.2 degrees). FWCC Reply Comments at 5, citing 47 C.F.R. §§ 101.63(a) (requiring stations to be constructed within 18 months of license grant), 101.63(c) (license automatically terminates for failure to timely begin operation), 101.141(a)(3) (establishing minimum payload capacities for various bandwidths). AT&T Reply Comments at 4-5, citing 47 C.F.R. §§ 24.239, 101.75(a). As mentioned earlier, the Commission has granted 880 waivers to allow FS frequency paths greater than 10 megahertz in the Upper 6 GHz Band, 548 of them have been for 30 megahertz channels. 47 C.F.R. § 101.141(a)(3). 47 C.F.R. § 101.143(a). See FWCC Six-MHz Petition at 5; Comsearch Comments at 2 n.2. See AT&T Reply Comments at 4-5, citing 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-58A1_Rcd.pdf
  • (default maximum beamwidth for FS stations in 6 GHz band is 2.2 degrees). 54FWCC Reply Comments at 5, citing47 C.F.R. §§ 101.63(a) (requiring stations to be constructed within 18 months of license grant), 101.63(c) (license automatically terminates for failure to timely begin operation), 101.141(a)(3) (establishing minimum payload capacities for various bandwidths). 55AT&T Reply Comments at 4-5, citing47 C.F.R. §§ 24.239, 101.75(a). 56As mentioned earlier, the Commission has granted 880 waivers to allowFS frequency paths greater than 10 megahertz in the Upper 6 GHz Band, 548 of them have been for 30 megahertz channels. 9627 Federal Communications Commission FCC 09-58 within 30 months after they are licensed.57In addition, our rules require FS links in the 6 GHz band to have a minimum
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-109A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-109A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-109A1.txt
  • Petition). API Opposition to FWCC Petition at 3. API notes that the final deadline for incumbent licensees to relocate from the 2.1 GHz band is 2016. Id. at 3 n.10. API Opposition to FWCC Petition at 4. Id. at 3-4. Id. at 4. Id. Reply Comments of AT&T, Inc. (filed Apr. 30, 2008) at 4-5, citing 47 C.F.R. §§ 24.239, 101.75(a). Amendment of Part 101 of the Commission's Rules to Accommodate 30 Megahertz Channels in the 6525-6875 MHz Band, et al., WT Docket No. 09-114, RM-11417, Notice of Proposed Rulemaking and Order, 24 FCC Rcd 9620 (2009) (NPRM). NPRM, 24 FCC Rcd at 9627 ¶ 15. Id. Id. at 9627-9628 ¶ 16. Id. at 9628 ¶ 17, citing Comsearch Comments on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.txt
  • 11-149 (Nov. 3, 2011) (informing the Commission that Sprint Nextel had reached an agreement with DISH to settle its outstanding disputes). See 47 C.F.R. § 101.69. 47 C.F.R. § 27.1131. ``Coordination shall be conducted in accordance with the provisions of [47 C.F.R.] § 24.237.'' Id. 47 C.F.R. §§ 27.1131, 27.1160, 101.82. 47 C.F.R. §§ 101.69, 101.73. See 47 C.F.R. § 101.75. 47 C.F.R. § 101.79(a)(2). 47 C.F.R. § 101.79(a)(1). See App. A, proposed 47 C.F.R. § 101.79. NG168 states that ``Except as permitted below, the use of the 2180-2200 MHz band is limited to the MSS and ancillary terrestrial component offered in conjunction with an MSS network, subject to the Commission's rules for ancillary terrestrial components and subject to all applicable
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00395.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00395.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00395.txt
  • example of sensitive stations. See ¶ 57. See ¶ 58. On January 6, 1993, the President signed Executive Order 12829, establishing the National Industrial Security Program, which establishes procedures for safeguarding Federal Government classified information that is released to, among others, licensees of the Federal Government. See BBA-97, § 3002(d) (codified at 47 U.S.C. § 923(g)(3)). See 47 C.F.R. § 101.75(b). See 5. U.S.C. § 603, The RFA, see 5 U.S.C. § 601 et.seq., has been amended by the Contract With America Advancement Act of 1996, Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). 5 U.S.C. § 603(b)(3). See 5 U.S.C. § 601(3). 15 U.S.C.
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00455.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00455.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00455.txt
  • The Use Of New Telecommunications Technologies, ET Docket No. 92-9, First Report and Order and Third Notice of Proposed Rule Making, 7 FCC Rcd 6886 (1992) at ¶ 31. See 47 C.F.R. § 101.81. See http://auctions2.aca.gov.au/auctionbackground_infopackage.htm See 47 C.F.R. §§ 101.69-101.83. We note that only those licenses that have primary status are entitled to relocation compensation. See 47 CFR § 101.75(a). See 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
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors: (1) Whether the ET licensee has made a bona fide offer to relocate the PARS licensee to comparable facilities in 61 accordance with Section 101.75(b) of this chapter; (2) If the PARS licensee has demanded a premium, the type of premium requested (e.g., whether the premium is directly related to relocation, such as system-wide relocations and analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate (i.e., whether there is
• http://www.fcc.gov/3G/3gfinalreport.doc http://www.fcc.gov/3G/3gfinalreport.pdf
  • architecture, and 132 megahertz in small markets using a single super-cell configuration. See Cisco Comments at 7. In the large market they studied, Cisco found that base station deployment would triple. See Cisco Comments at 12. See HAI Study at 24-28. See WCA Supplemental Comments, March 21, 2001, at 4-5. See Cisco Comments at 12. See, e.g., 47 C.F.R. § 101.75. See also 47 C.F.R. § 101.79, which specifies sunset provisions for incumbent licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2150-2160 MHz bands. In those bands, emerging technology licensees are not required to pay relocation costs to incumbents ten years after the voluntary negotiation period begins for the first emerging technology licensees. See NIA Supplemental Comments of March 20, 2001,
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00395.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00395.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00395.txt
  • example of sensitive stations. See ¶ 57. See ¶ 58. On January 6, 1993, the President signed Executive Order 12829, establishing the National Industrial Security Program, which establishes procedures for safeguarding Federal Government classified information that is released to, among others, licensees of the Federal Government. See BBA-97, § 3002(d) (codified at 47 U.S.C. § 923(g)(3)). See 47 C.F.R. § 101.75(b). See 5. U.S.C. § 603, The RFA, see 5 U.S.C. § 601 et.seq., has been amended by the Contract With America Advancement Act of 1996, Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). 5 U.S.C. § 603(b)(3). See 5 U.S.C. § 601(3). 15 U.S.C.
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00455.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00455.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00455.txt
  • The Use Of New Telecommunications Technologies, ET Docket No. 92-9, First Report and Order and Third Notice of Proposed Rule Making, 7 FCC Rcd 6886 (1992) at ¶ 31. See 47 C.F.R. § 101.81. See http://auctions2.aca.gov.au/auctionbackground_infopackage.htm See 47 C.F.R. §§ 101.69-101.83. We note that only those licenses that have primary status are entitled to relocation compensation. See 47 CFR § 101.75(a). See 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
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00233.doc
  • payments, and increased utility fees) for five years after relocation. MSS licensees could satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FMS licensee would be equivalent to the 2 GHz system in order for the replacement system to be comparable. 16. At the end of Section 101.75(d), add the following. FMS licensees relocated from the 2165-2200 MHz band may not be returned to their former 2 GHz channels. All other remedies specified in this paragraph are available to FMS licensees relocated from the 2165-2200 MHz band, and may be invoked whenever the FMS licensee demonstrates that its replacement facility is not comparable, subject to no time limit.