FCC Web Documents citing 22.940

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

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  • for the Commission to renew its license for an additional license term rather than issue the license to another applicant. 47 C.F.R. § 27.14(b); see also Part 27 Report and Order, 12 FCC Rcd at 10840, 10843-44 (paras. 106, 113). 47 C.F.R. § 27.14(c); see also Part 27 Report and Order, 12 FCC Rcd at 10840-41 (para. 107). Cf. Sections 22.940(a)(2)(i)-(iv) of the Commission's Rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). We note that, because of the anticipated difference in the nature of the respective services, we are not proposing that licensees in the 4.9 GHz band would be required to demonstrate an ability to serve roamers, as cellular licensees are required to do pursuant to the cited provisions of Part 22 of
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  • purpose of speculation or profitable resale of the authorization. 47 C.F.R. § 1.948(i)(2). See also Forbearance from Applying Provisions of the Communications Act to Wireless Telecommunications Carriers, WT Docket No. 98-100, First Report and Order, FCC 00-311, ¶¶ 29-33 (rel. Sept. 8, 2000)(discussing Section 1.948(i)). See 47 C.F.R. § 22.935. See 47 C.F.R. § 22.935(c); see also 47 C.F.R. § 22.940 (setting forth the relevant criteria to be considered in comparative renewal proceedings). 47 C.F.R. § 22.937(g). See 47 C.F.R. § 22.943(c). 47 C.F.R. § 22.942. 2000 Biennial Regulatory Review - Spectrum Aggregation Limits for Commercial Mobile Radio Services, WT Docket No. 01-14, NPRM, FCC 01-28 (rel. 1/23/01). 47 C.F.R § 1.1206(b). See id. at § 1.1206(b)(2). See In re Electronic
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  • Streamlining the Commission's Rules and Regulations for Satellite Application and Licensing Procedures, Report and Order, IB Docket No. 95-117, 11 FCC Rcd 21581, 21599 ¶ 43 (1996). See 47 U.S.C. § 151 et seq. Substantial service is service that is sound, favorable, and substantially above a level of mediocre service which might just minimally warrant renewal. See 47 C.F.R. § 22.940(a)(1)(i). See infra at Section III.C.1., regarding performance requirements. These proposed requirements are based on those we ordered for LMDS. See Sectnio101.1011 of the Commission's Rules, 47 C.F.R. § 101.1011. See Section 22.940(a)(2)(i) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. §§22.940(a)(2)(i)-(iv). See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the
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  • frequency(s) of operation, base station locations and area of operations. See 47 C.F.R. Part 27, Subpart G. See 47 C.F.R. § 27.607. See 700 MHz Guard Band Second Report and Order, 15 FCC Rcd at 5333 ¶ 79. See 47 C.F.R. § 2.301. See 47 C.F.R. § 101.105. See 47 C.F.R. § 101.67. See 47 C.F.R. § 101.1011. Cf. Section 22.940(a)(2)(i) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv); see also Amendment of Part 22 of the Commission's Rules Relating to License Renewals in the Domestic Public Cellular Radio Telecommunication Service, Report and Order, 7 FCC Rcd 719, 719-722 ¶¶ 3-18 (1992). ``Partitioning'' is the assignment of geographic portions of a license along the geopolitical or other boundaries.
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  • Thus, the Commission concluded that the ``NPR court's `plain language' analysis supports the Commission's interpretation of Section 309(j)(2)(A) set forth'' in the BBA Report and Order. BBA MO&O, 17 FCC Rcd at 7564 ¶ 27. supra. 47 C.F.R. § 90.371(b). July Ex Parte Comments at 66, citing 47 C.F.R. § 90.155. Id., citing 47 C.F.R. § 90.629. Id. Cf. Section 22.940(a)(2)(i) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). See LMDS Second Report and Order, 12 FCC Rcd at 12659 ¶¶ 263-267. See, e.g., 47 C.F.R. § 22.940(a)(1)(i). See ULS Report and Order, 13 FCC Rcd 21027. 47 C.F.R. § 1.913(b). Allocation Report and Order, 14 FCC Rcd 18221, 18232 ¶ 24. Id. at 18234 ¶ 26. 47
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  • limit on license terms is eight years for licenses in the broadcast services. See 47 U.S.C. § 307(c)(1); see also 47 C.F.R. § 73.1020(a). The Table of Allocations does not permit broadcast use of the 1710-1755 MHz or 2110-2155 MHz bands. See supra n.4. E.g., 47 C.F.R. §§ 24.15, 27.13(a). See 47 U.S.C. § 151 et seq.; 47 C.F.R. § 22.940(a)(1)(i) (cellular), § 24.16(a) (PCS), § 27.14 (WCS and 700 MHz). See, e.g., 47 C.F.R. §§ 22.940(a)(1)(i), 24.16(a), 27.14(a). See AWS Allocation Order, ¶¶ 22-25. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, MM Docket No. 94-131, Report and Order, 10
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  • in this case will serve the public interest by meeting another statutory goal of performance requirements to ensure prompt delivery of service to rural areas. .... Furthermore...the fact that Monet intends to provide broadband services, and not traditional voice services, to these sparsely-populated areas furthers the Commission's goal of bringing advanced services to rural areas.''). See, e.g., 47 C.F.R. § 22.940(a)(1)(i) (Cellular Radiotelephone Service); 47 C.F.R. § 27.14(a) (Wireless Communications Services); and 47 C.F.R. § 101.1413(b) (Multichannel Video Distribution and Data Service). See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18622-26, ¶¶ 39-50 (1997). See, e.g., Amendment of the Commission's Rules
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  • on license terms is eight years for licenses in the broadcast services. See 47 U.S.C. § 307(c)(1); see also 47 C.F.R. § 73.1020(a). The Table of Allocations does not permit broadcast use of the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz or 2175-2180 MHz bands. E.g., 47 C.F.R. §§ 24.15, 27.13(a). See 47 U.S.C. § 151 et seq.; 47 C.F.R. § 22.940(a)(1)(i) (cellular), § 24.16(a) (PCS), § 27.14 (WCS and 700 MHz). See, e.g., 47 C.F.R. §§ 22.940(a)(1)(i), 24.16(a), 27.14(a). , infra, discuss partitioning and disaggregation in further detail. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, MM Docket No. 94-131, Report
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  • and Order and Second NPRM, 12 FCC Rcd at 18,619 ¶¶ 32-33. Id. For example, sources of actual or potential competition include Internet access and cable headend applications. Id. at 18,607 ¶ 5. First NPRM and Order, 11 FCC Rcd at 4,976 ¶ 98. Report and Order and Second NPRM, 12 FCC Rcd at 18,622-26 ¶¶ 39-50. 47 C.F.R. § 22.940(a)(1)(i). See also LMDS Second Report and Order, 12 FCC Rcd at 12,660 ¶ 269; Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service, GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10,785, 10,843-44 (1997) (``WCS Report and Order''); Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz
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  • (B) & (D). The only statutory limit on license terms is eight years for licenses in the broadcast services. See 47 U.S.C. § 307(c)(1); see also 47 C.F.R. § 73.1020(a). The Table of Allocations does not permit broadcast use of the 2155-2175 MHz band. E.g., 47 C.F.R. §§ 24.15, 27.13(a). See 47 U.S.C. § 151 et seq.; 47 C.F.R. § 22.940(a)(1)(i) (cellular), § 24.16(a) (PCS), § 27.14 (WCS and 700 MHz). See, e.g., 47 C.F.R. §§ 22.940(a)(1)(i), 24.16(a), 27.14(a). We note that in the AWS-1 Service Rules Report and Order, we established an initial license term in the 1710-1755 MHz and 2110-2155 MHz bands of 15 years and subsequent renewal terms of 10 years given the relocation and band clearance issues
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  • Rcd at 24628; 800 MHz SMR Second Report and Order, 12 FCC Rcd at 19150; PCS Order, 11 FCC Rcd at 21866.'' Footnote 230 is revised to read ``Once again, the Commission has consistently defined substantial service as ``service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.'' 47 C.F.R. § 22.940(a)(1)(i). See also Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, CC Docket No. 92-297, Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed
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  • 6 in LMDS Third Report and Order proceeding. See NPRM, 14 FCC Rcd at 19280-81 ¶ 32. See id. at 19281 ¶¶ 33-34. FWCC Comments at 7; PCIA Comments at 16-18; Teligent Comments at 26-28. RTG Comments at 14-15. See FWCC Comments at 7; PCIA Comments at 17; Teligent Comments at 27. See PCIA Comments at 17-18. 47 C.F.R. § 22.940(a)(1)(i). See also LMDS Second Report and Order, 12 FCC Rcd 12545, 12660; Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service, GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10785, 10843-10844 (1997) (WCS Report and Order); Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, WT
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  • (1999); Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, WT Docket No. 97-81, 15 FCC Rcd 11956 (2000); 24 GHz Report and Order, 15 FCC Rcd 16934. See Rural Local Broadcast Signal Act of 1999, Pub. L. 106-113, 113 Stat. 1501, 1537. See 24 GHz Report and Order, 15 FCC Rcd 16934. See 47 C.F.R. § 22.940(a)(1)(i). See also LMDS Second Report and Order, 12 FCC Rcd 12545, 12660; Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service, GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10785, 10843-10844 (1997) (WCS Report and Order); Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, WT
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  • purpose of speculation or profitable resale of the authorization. 47 C.F.R. § 1.948(i)(2). See also Forbearance from Applying Provisions of the Communications Act to Wireless Telecommunications Carriers, WT Docket No. 98-100, First Report and Order, FCC 00-311, ¶¶ 29-33 (rel. Sept. 8, 2000)(discussing Section 1.948(i)). See 47 C.F.R. § 22.935. See 47 C.F.R. § 22.935(c); see also 47 C.F.R. § 22.940 (setting forth the relevant criteria to be considered in comparative renewal proceedings). 47 C.F.R. § 22.937(g). See 47 C.F.R. § 22.943(c). 47 C.F.R. § 22.942. 2000 Biennial Regulatory Review - Spectrum Aggregation Limits for Commercial Mobile Radio Services, WT Docket No. 01-14, NPRM, FCC 01-28 (rel. 1/23/01). 47 C.F.R § 1.1206(b). See id. at § 1.1206(b)(2). See In re Electronic
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  • approval before it can make this change. See Foreign Participation Order, 12 FCC Rcd at 23940-41 ¶¶ 111-118. Further Notice, 16 FCC Rcd at 4210-11 ¶¶ 302-304. Id. at 4211 ¶ 302. Id. at 4211 ¶ 303. Id. The license term and renewal expectancy for MVDDS are codified at 47 C.F.R. § 101.1413. See Appendix D. Cf. 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). See, e.g., RLBSA, Pub. L. 106-113, 113 Stat. 1501, 1537. See also Letter from The Honorable Mary L. Landrieu, et al., U.S. Senate to Chairman Michael K. Powell, FCC (dated July 20, 2001); Letter from The Honorable William Frist, U.S. Senate to Chairman Michael K. Powell, FCC (July 16, 2001); Letter from The Honorable Trent Lott , U.S. Senate to
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  • Streamlining the Commission's Rules and Regulations for Satellite Application and Licensing Procedures, Report and Order, IB Docket No. 95-117, 11 FCC Rcd 21581, 21599 ¶ 43 (1996). See 47 U.S.C. § 151 et seq. Substantial service is service that is sound, favorable, and substantially above a level of mediocre service which might just minimally warrant renewal. See 47 C.F.R. § 22.940(a)(1)(i). See infra at Section III.C.1., regarding performance requirements. These proposed requirements are based on those we ordered for LMDS. See Sectnio101.1011 of the Commission's Rules, 47 C.F.R. § 101.1011. See Section 22.940(a)(2)(i) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. §§22.940(a)(2)(i)-(iv). See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the
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  • frequency(s) of operation, base station locations and area of operations. See 47 C.F.R. Part 27, Subpart G. See 47 C.F.R. § 27.607. See 700 MHz Guard Band Second Report and Order, 15 FCC Rcd at 5333 ¶ 79. See 47 C.F.R. § 2.301. See 47 C.F.R. § 101.105. See 47 C.F.R. § 101.67. See 47 C.F.R. § 101.1011. Cf. Section 22.940(a)(2)(i) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv); see also Amendment of Part 22 of the Commission's Rules Relating to License Renewals in the Domestic Public Cellular Radio Telecommunication Service, Report and Order, 7 FCC Rcd 719, 719-722 ¶¶ 3-18 (1992). ``Partitioning'' is the assignment of geographic portions of a license along the geopolitical or other boundaries.
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  • Thus, the Commission concluded that the ``NPR court's `plain language' analysis supports the Commission's interpretation of Section 309(j)(2)(A) set forth'' in the BBA Report and Order. BBA MO&O, 17 FCC Rcd at 7564 ¶ 27. supra. 47 C.F.R. § 90.371(b). July Ex Parte Comments at 66, citing 47 C.F.R. § 90.155. Id., citing 47 C.F.R. § 90.629. Id. Cf. Section 22.940(a)(2)(i) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). See LMDS Second Report and Order, 12 FCC Rcd at 12659 ¶¶ 263-267. See, e.g., 47 C.F.R. § 22.940(a)(1)(i). See ULS Report and Order, 13 FCC Rcd 21027. 47 C.F.R. § 1.913(b). Allocation Report and Order, 14 FCC Rcd 18221, 18232 ¶ 24. Id. at 18234 ¶ 26. 47
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  • limit on license terms is eight years for licenses in the broadcast services. See 47 U.S.C. § 307(c)(1); see also 47 C.F.R. § 73.1020(a). The Table of Allocations does not permit broadcast use of the 1710-1755 MHz or 2110-2155 MHz bands. See supra n.4. E.g., 47 C.F.R. §§ 24.15, 27.13(a). See 47 U.S.C. § 151 et seq.; 47 C.F.R. § 22.940(a)(1)(i) (cellular), § 24.16(a) (PCS), § 27.14 (WCS and 700 MHz). See, e.g., 47 C.F.R. §§ 22.940(a)(1)(i), 24.16(a), 27.14(a). See AWS Allocation Order, ¶¶ 22-25. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, MM Docket No. 94-131, Report and Order, 10
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  • in this case will serve the public interest by meeting another statutory goal of performance requirements to ensure prompt delivery of service to rural areas. .... Furthermore...the fact that Monet intends to provide broadband services, and not traditional voice services, to these sparsely-populated areas furthers the Commission's goal of bringing advanced services to rural areas.''). See, e.g., 47 C.F.R. § 22.940(a)(1)(i) (Cellular Radiotelephone Service); 47 C.F.R. § 27.14(a) (Wireless Communications Services); and 47 C.F.R. § 101.1413(b) (Multichannel Video Distribution and Data Service). See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18622-26, ¶¶ 39-50 (1997). See, e.g., Amendment of the Commission's Rules
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  • service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal. See e.g. 47 C.F.R. §§ 22.503(k)(3), 27.14, 90.685(b), 95.381, 101.527(a), 101.1011(a). 47 C.F.R. §§ 101.17, 101.527, 101.1011. See CTIA Comments at 5, Sprint Reply Comments at 23. OPASTCO/RTG Comments at 4-5. See 47 C.F.R. § 1.949. See e.g. 47 C.F.R. §§ 22.935(a), 22.940(a)(2). At a minimum, this showing must include (a) a description of the licensee's current service in terms of geographic coverage and population served as well as the system's ability to accommodate roamers; (b) an explanation of the licensee's record of expansion, including a timetable for any planned construction of new cell sites; (c) a description of the licensee's investment in
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  • on license terms is eight years for licenses in the broadcast services. See 47 U.S.C. § 307(c)(1); see also 47 C.F.R. § 73.1020(a). The Table of Allocations does not permit broadcast use of the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz or 2175-2180 MHz bands. E.g., 47 C.F.R. §§ 24.15, 27.13(a). See 47 U.S.C. § 151 et seq.; 47 C.F.R. § 22.940(a)(1)(i) (cellular), § 24.16(a) (PCS), § 27.14 (WCS and 700 MHz). See, e.g., 47 C.F.R. §§ 22.940(a)(1)(i), 24.16(a), 27.14(a). , infra, discuss partitioning and disaggregation in further detail. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, MM Docket No. 94-131, Report
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  • and Order and Second NPRM, 12 FCC Rcd at 18,619 ¶¶ 32-33. Id. For example, sources of actual or potential competition include Internet access and cable headend applications. Id. at 18,607 ¶ 5. First NPRM and Order, 11 FCC Rcd at 4,976 ¶ 98. Report and Order and Second NPRM, 12 FCC Rcd at 18,622-26 ¶¶ 39-50. 47 C.F.R. § 22.940(a)(1)(i). See also LMDS Second Report and Order, 12 FCC Rcd at 12,660 ¶ 269; Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service, GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10,785, 10,843-44 (1997) (``WCS Report and Order''); Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz
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  • rural, remote, and insular areas. See Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service (``WCS''), Report and Order, 12 FCC Rcd 10785, 10843, at para. 111 (1997) (WCS Report and Order). In addition, the Commission considers whether a licensee offers substantial service in determining whether to grant a renewal expectancy. See, e.g., 47 C.F.R. §§ 22.940(a)(1) (cellular), 24.16 (PCS). The Commission has defined ``substantial service'' as ``service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.'' Id. See NTCA Comments at 16, and SBC Comments at 6-7. See also, WTA Comments, at 14 (WTA argues that prospective carriers seeking regulatory authorization have often employed ``creative'' methods for
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  • (B) & (D). The only statutory limit on license terms is eight years for licenses in the broadcast services. See 47 U.S.C. § 307(c)(1); see also 47 C.F.R. § 73.1020(a). The Table of Allocations does not permit broadcast use of the 2155-2175 MHz band. E.g., 47 C.F.R. §§ 24.15, 27.13(a). See 47 U.S.C. § 151 et seq.; 47 C.F.R. § 22.940(a)(1)(i) (cellular), § 24.16(a) (PCS), § 27.14 (WCS and 700 MHz). See, e.g., 47 C.F.R. §§ 22.940(a)(1)(i), 24.16(a), 27.14(a). We note that in the AWS-1 Service Rules Report and Order, we established an initial license term in the 1710-1755 MHz and 2110-2155 MHz bands of 15 years and subsequent renewal terms of 10 years given the relocation and band clearance issues
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  • discontinuance period a minimum of the latter of an additional 30 days or the date upon which the Wireless Telecommunications Bureau acts on the request. PART 22-PUBLIC MOBILE SERVICES The authority citation for Part 22 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 222, 303, 309 and 332. Remove Section 22.935. Remove Section 22.936. Remove Section 22.939. Remove Section 22.940. Remove Section 22.943. PART 24-PERSONAL COMMUNICATIONS SERVICES The authority citation for Part 24 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 309 and 332. Remove Section 24.16. PART 27-MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES The authority citation for Part 27 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336 and 337
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
  • auction indicates that the Commission's market-oriented Part 27 framework, including substantial service requirements, is successful. NextWave argues that, given such success, Part 27's comparative renewal provisions are not in the public interest, particularly where a licensee has invested considerable sums at auction and in fulfilling its substantial service and other legal requirements.21By contrast, Green Flag (Continued from previous page) §§22.935(c), 22.940(a). Additional issues (e.g., qualifications of the renewal applicant) also may be specified for consideration by the ALJ. See47 C.F.R. § 22.935(c). 14See47 C.F.R. § 22.935(c). 15See47 C.F.R. § 22.935(c). The specific elements to be considered by the ALJ in comparing the competing applications are delineated in the rules. See47 C.F.R. § 22.940. 16See47 C.F.R. § 24.16; see generally47 C.F.R. Pt.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-333A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-333A1.pdf
  • of Proposed Rulemaking, 11 FCC Rcd 21831, 21843-44, ¶¶ 13-17 (1996) (``Partitioning and Disaggregation Report and Order''). Id. at 21847-48, ¶¶ 23-24. Id. at 21860, ¶ 49. See 47 U.S.C. § 151 et seq. Substantial service is service that is sound, favorable, and substantially above a level of mediocre service which might just minimally warrant renewal. See 47 C.F.R. § 22.940(a)(1)(i). See infra at ¶¶ 33-34. Cf. Section 22.940(a)(2)(i) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). See Section 101.1011 of the Commission's Rules, 47 C.F.R. § 101.1011. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1_Erratum.doc
  • Rcd at 7990. Id. at 7991. Id. Id. GTECH Comments at 10. CellNet Comments at 31. Id. AWWA Comments at 19; WSSC Comments at 10. 47 C.F.R. § 101.63. 47 C.F.R. § 101.63(b). 47 C.F.R. § 101.63(c). See Appendix D for a current list of recovered channels. See supra at para. 71. 47 U.S.C. § 309(j)(3). See 47 C.F.R. § 22.940(a)(1)(i). See, e.g., Amendment of the Commission's Rules to Establish New Personal Communications Service, GEN Docket No. 90-314, Second Report and Order, 8 FCC Rcd 7700, 7755 ¶ 134 (1993); Competitive Bidding Second Report and Order, 10 FCC Rcd at 6899 ¶ 43; Amendment of Parts 21 and 74 of the Commission's Rules with Regard to Filing Procedures in the Multipoint
• 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
  • (1999); Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, WT Docket No. 97-81, 15 FCC Rcd 11956 (2000); 24 GHz Report and Order, 15 FCC Rcd 16934. See Rural Local Broadcast Signal Act of 1999, Pub. L. 106-113, 113 Stat. 1501, 1537. See 24 GHz Report and Order, 15 FCC Rcd 16934. See 47 C.F.R. § 22.940(a)(1)(i). See also LMDS Second Report and Order, 12 FCC Rcd 12545, 12660; Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service, GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10785, 10843-10844 (1997) (WCS Report and Order); Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, WT
• http://wireless.fcc.gov/auctions/00c/releases/fc000063.doc http://wireless.fcc.gov/auctions/00c/releases/fc000063.pdf
  • for the Commission to renew its license for an additional license term rather than issue the license to another applicant. 47 C.F.R. § 27.14(b); see also Part 27 Report and Order, 12 FCC Rcd at 10840, 10843-44 (paras. 106, 113). 47 C.F.R. § 27.14(c); see also Part 27 Report and Order, 12 FCC Rcd at 10840-41 (para. 107). Cf. Sections 22.940(a)(2)(i)-(iv) of the Commission's Rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). We note that, because of the anticipated difference in the nature of the respective services, we are not proposing that licensees in the 4.9 GHz band would be required to demonstrate an ability to serve roamers, as cellular licensees are required to do pursuant to the cited provisions of Part 22 of
• http://wireless.fcc.gov/auctions/14/releases/fo9750.pdf http://wireless.fcc.gov/auctions/14/releases/fo9750.txt http://wireless.fcc.gov/auctions/14/releases/fo9750.wp
  • the terms of its license grant. 107. We will require that a WCS licensee's renewal application include at a minimum the following showing to claim a renewal expectancy: (1) a description of current service in terms of geographic coverage and population served or links installed; (2) an explanation of the licensee's Federal Communications Commission FCC 97-50 Cf. 47 C.F.R. § 22.940(a)(2)(i)-(iv). We note that, because of the difference in the nature of the respective services, we 261 are not requiring WCS licensees to demonstrate an ability to serve roamers, as we do cellular radio licensees. 47 U.S.C. § 309(j)(4)(B). 262 AirTouch Comments at 10-11; BANM Comments at 4, 11, and 13; CTIA Comments at 11-12; Omnipoint Repl y 263 Comments at
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  • First NPRM, we proposed a license term of five years, but requested comment on whether a term of 10 years would be more appropriate. Commenters generally favored a grant of 10 years to ensure that the services are implemented successfully. We adopt a Federal Communications Commission FCC 97-82 First NPRM, 8 FCC Rcd at 564 (para. 40). 390 See Section 22.940 of the Commission's Rules, 47 CFR § 22.940. 391 PAGE 111 10-year term for LMDS licensees. This is consistent with the rules governing other Part 101 services. It also serves our goal of providing licensees with flexibility to develop this spectrum as the market demands and to employ innovative technologies which may not be available immediately upon licensing. k. Renewal
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • NPRM we proposed to establish renewal expectancy rules for LMDS licenses and requested comment regarding the operation and administration of such rules in the context of license renewal comparative hearing proceedings. Based upon our review of the 390 record and further examination of this issue, we have decided to establish a major preference Federal Communications Commission FCC 97-82 See Section 22.940 of the Commission's Rules, 47 CFR § 22.940. 391 (generally referred to as a renewal expectancy'') as a comparative factor for consideration by the Commission in LMDS license renewal proceedings. It is our view that this renewal expectancy, coupled with the 10-year license term, will contribute toward the establishment of a stable regulatory environment that will serve to attract investment
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • so long as they remain within their contour. 196 Federal Communications Commission FCC 98-93 220 MHz Third Report and Order, 12 FCC Rcd at 11016-19 (paras. 156, 158-159), 11082-83 (paras. 328-331), 197 11086-87 (para. 341). Id. at 11020-21 (para. 163). 198 Id. at 11017-18, 11020-21 (paras. 158, 163). 199 The term "substantial service" is defined in Section 90.743(a) and Section 22.940(a)(1)(i) of the Commission's 200 Rules, 47 C.F.R. §§ 90.743(a), 22.940(a)(1)(i). See also 220 MHz Third Report and Order, 12 FCC Rcd at 11044 (para. 215) ("We continue to believe it is appropriate for all Phase I and Phase II 220 MHz Service licensees seeking renewal of their authorization to meet the requirements for license renewal similar to those provided in
• http://wireless.fcc.gov/auctions/18/releases/fc970057.pdf http://wireless.fcc.gov/auctions/18/releases/fc970057.txt http://wireless.fcc.gov/auctions/18/releases/fc970057.wp
  • Bands Allotted to the Specialized Mobile Radio Pool, PR Docket No. 89-553, and Implementation of Sections 3(n) and 322 of the Communications Act, Third Order on Reconsideration, GN Docket No. 93-252, 11 FCC Rcd 1170 (para. 2) (1995) (900 MHz SMR Third Order on Reconsideration). Id. at paras. 3-4. 293 PAGE 77 to provide substantial service [in accordance with Section 22.940] to the required population or coverage area.''291 (3) Decision 163. We will require EA and Regional licensees implementing land mobile or paging systems to construct base stations to provide coverage to at least one-third of the population of their EA or Region within five years of initial authorization and at least two-thirds of the population of their EA or Region
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  • of meeting the substantial 197 service requirement is also available to EA and Regional licensees. The Commission decided not to 198 adopt a particular measure of substantial service for such licensees, but rather to consider such Federal Communications Commission FCC 98-93 Id. at 11017-18, 11020-21 (paras. 158, 163). 199 The term "substantial service" is defined in Section 90.743(a) and Section 22.940(a)(1)(i) of the Commission's Rules, 47 200 C.F.R. §§ 90.743(a), 22.940(a)(1)(i). See also 220 MHz Third Report and Order, 12 FCC Rcd at 11044 (para. 215) ("We continue to believe it is appropriate for all Phase I and Phase II 220 MHz Service licensees seeking renewal of their authorization to meet the requirements for license renewal similar to those provided in
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  • addition, we note that no one has sought reconsideration of this approach. 84 See NPRM and Order, 11 FCC Rcd at 4976, 4978. While we made this proposal expressly for future licensees of the 37 85 GHz band, we had proposed generally to conform the 39 GHz rules to those proposed for the 37 GHz band. See 47 C.F.R. §§ 22.940(a)(1), 24.16. 86 See PCS Second Report and Order, 8 FCC Rcd at 7753. 87 See, e.g., GEC Comments at 6-7 (asserting that renewal expectancies for all 39 GHz licensees will encourage financial 88 backers to make capital investments); WinStar Comments at 36-37 (arguing that such expectancies will inspire licensees to make investments in their systems); Commco Comments at 11 (contending
• http://wireless.fcc.gov/auctions/42/releases/da000307.doc http://wireless.fcc.gov/auctions/42/releases/da000307.pdf http://wireless.fcc.gov/auctions/42/releases/da000307.txt
  • Rcd at 24628; 800 MHz SMR Second Report and Order, 12 FCC Rcd at 19150; PCS Order, 11 FCC Rcd at 21866.'' Footnote 230 is revised to read ``Once again, the Commission has consistently defined substantial service as ``service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.'' 47 C.F.R. § 22.940(a)(1)(i). See also Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, CC Docket No. 92-297, Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed
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  • Rcd at 7990. Id. at 7991. Id. Id. GTECH Comments at 10. CellNet Comments at 31. Id. AWWA Comments at 19; WSSC Comments at 10. 47 C.F.R. § 101.63. 47 C.F.R. § 101.63(b). 47 C.F.R. § 101.63(c). See Appendix D for a current list of recovered channels. See supra at para. 71. 47 U.S.C. § 309(j)(3). See 47 C.F.R. § 22.940(a)(1)(i). See, e.g., Amendment of the Commission's Rules to Establish New Personal Communications Service, GEN Docket No. 90-314, Second Report and Order, 8 FCC Rcd 7700, 7755 ¶ 134 (1993); Competitive Bidding Second Report and Order, 10 FCC Rcd at 6899 ¶ 43; Amendment of Parts 21 and 74 of the Commission's Rules with Regard to Filing Procedures in the Multipoint
• http://wireless.fcc.gov/auctions/46/releases/fc020015.pdf http://wireless.fcc.gov/auctions/46/releases/fc020015.txt
  • to any matter described by the requirements for the renewal expectancy.216 i If applicable, a description of how the licensee has complied with the build-out requirement. 213 See 47 U.S.C. § 151 et seq. Substantial service is service that is sound, favorable, and substantially above a level of mediocre service which might just minimally warrant renewal. See 47 C.F.R. § 22.940(a)(1)(i). 214 See infra at Section III.C.1., regarding performance requirements. 215 These proposed requirements are based on those we ordered for LMDS. See Sectnio101.1011 of the Commission's Rules, 47 C.F.R. § 101.1011. 216 See Section 22.940(a)(2)(i) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. §§22.940(a)(2)(i)-(iv). Federal Communications Commission FCC 02-15 36 88. Under our proposal, in the event that a
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  • years or any other license term which we adopt for this service.229 The Commission has defined substantial service as "service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal."230 Further, we sought comment on whether there should be a construction requirement as an alternative, safe harbor 223 See 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). 224 See 47 C.F.R. §§ 27.14(c), 27.607(a)-(d). 225 See 47 C.F.R. § 27.15(a)-(b). 226 See Amendments to Parts 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services, Report and Order, WT Docket No. 99-327, 15 FCC Rcd 16934 (2000) (Fixed Services at 24 GHz); Amendment of Parts 21 and 74 of the Commission's Rules With Regard
• http://wireless.fcc.gov/auctions/53/releases/fc000418.pdf http://wireless.fcc.gov/auctions/53/releases/fc000418.txt
  • the Commission's Rules Regarding Multiple Address Systems, Report and Order, WT Docket No. 97-81, 15 FCC Rcd 11956 (2000); 24 GHz Report and Order, 15 FCC Rcd 16934. 618 See Rural Local Broadcast Signal Act of 1999, Pub. L. 106-113, 113 Stat. 1501, 1537. 619 See 24 GHz Report and Order, 15 FCC Rcd 16934. 620 See 47 C.F.R. § 22.940(a)(1)(i). See also LMDS Second Report and Order, 12 FCC Rcd 12545, 12660; Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service, GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10785, 10843-10844 (1997) (WCS Report and Order); Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, WT
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • service would consist of actual delivery of service to customers via four separate transmitting locations per million population.425 We recognize that rural areas may experience some difficulty in meeting this safe harbor, therefore we provide the following additional factors that we will take into consideration in determining whether the substantial service standard is satisfied: a) 420 Cf. 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). 421 See, e.g., RLBSA, Pub. L. 106-113, 113 Stat. 1501, 1537. See also Letter from The Honorable Mary L. Landrieu, et al., U.S. Senate to Chairman Michael K. Powell, FCC (dated July 20, 2001); Letter from The Honorable William Frist, U.S. Senate to Chairman Michael K. Powell, FCC (July 16, 2001); Letter from The Honorable Trent Lott , U.S. Senate
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  • 6 in LMDS Third Report and Order proceeding. See NPRM, 14 FCC Rcd at 19280-81 ¶ 32. See id. at 19281 ¶¶ 33-34. FWCC Comments at 7; PCIA Comments at 16-18; Teligent Comments at 26-28. RTG Comments at 14-15. See FWCC Comments at 7; PCIA Comments at 17; Teligent Comments at 27. See PCIA Comments at 17-18. 47 C.F.R. § 22.940(a)(1)(i). See also LMDS Second Report and Order, 12 FCC Rcd 12545, 12660; Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service, GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10785, 10843-10844 (1997) (WCS Report and Order); Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, WT
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=45
  • time or code division multiple access in order to increase system capacity. License Period & Construction Requirements Licenses are issued for a ten-year term from the initial license grant date. Licensees have a renewal expectancy based on the provision of substantial service to the public and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. 22.940(a)). RSA licensees are given 5 years from the date of their initial grant to build out their cellular system within their RSA. After 5 years, any remaining area within the RSA not covered by the licensee is considered "unserved area", and can be applied for by other licensees. (See 47 C.F.R. 22.946 and 22.947). Bidding Credits Bidding credits are available
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=77
  • code division multiple access in order to increase system capacity. License Period and Construction Requirements Licenses will be issued for a ten-year term from the initial license grant date. The licensee has a renewal expectancy based on the provision of substantial service to the public and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. 22.940(a)). Unserved area licensees must construct and provide service to subscribers within one year after grant of the authorization. Small Business Bidding Credits Bidding credits for designated entities will not be available in Auction 77. Tribal Land Bidding Credit Tribal lands bidding credits will not be available to winning bidders in Auction 77. Licensing Rules 1. A cellular RSA licensee that
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00363.doc
  • Commission to renew its license for an additional license term rather than issue the license to another applicant. See 47 C.F.R. § 27.14(b); see also Part 27 Report and Order, 12 FCC Rcd at 10840, 10843-44 (¶¶ 106, 113). See 47 C.F.R. § 27.14(c). See also Part 27 Report and Order, 12 FCC Rcd at 10840-41 (¶ 107). Cf. Sections 22.940(a)(2)(i)-(iv) of the Commission's rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). We note that, because of the anticipated difference in the nature of the respective services, we are not proposing that licensees in the 3650-3700 MHz band would be required to demonstrate an ability to serve roamers, as is required of cellular licensees under Part 22 of the Commission's rules. See 4.9 GHz
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  • (1999); Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, WT Docket No. 97-81, 15 FCC Rcd 11956 (2000); 24 GHz Report and Order, 15 FCC Rcd 16934. See Rural Local Broadcast Signal Act of 1999, Pub. L. 106-113, 113 Stat. 1501, 1537. See 24 GHz Report and Order, 15 FCC Rcd 16934. See 47 C.F.R. § 22.940(a)(1)(i). See also LMDS Second Report and Order, 12 FCC Rcd 12545, 12660; Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service, GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10785, 10843-10844 (1997) (WCS Report and Order); Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, WT
• http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.txt http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.wp
  • the terms of its license grant. 107. We will require that a WCS licensee's renewal application include at a minimum the following showing to claim a renewal expectancy: (1) a description of current service in terms of geographic coverage and population served or links installed; (2) an explanation of the licensee's Federal Communications Commission FCC 97-50 Cf. 47 C.F.R. § 22.940(a)(2)(i)-(iv). We note that, because of the difference in the nature of the respective services, 261 we are not requiring WCS licensees to demonstrate an ability to serve roamers, as we do cellular radio licensees. 47 U.S.C. § 309(j)(4)(B). 262 AirTouch Comments at 10-11; BANM Comments at 4, 11, and 13; CTIA Comments at 11-12; Omnipoint Reply 263 Comments at 4;
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99333.doc
  • of Proposed Rulemaking, 11 FCC Rcd 21831, 21843-44, ¶¶ 13-17 (1996) (``Partitioning and Disaggregation Report and Order''). Id. at 21847-48, ¶¶ 23-24. Id. at 21860, ¶ 49. See 47 U.S.C. § 151 et seq. Substantial service is service that is sound, favorable, and substantially above a level of mediocre service which might just minimally warrant renewal. See 47 C.F.R. § 22.940(a)(1)(i). See infra at ¶¶ 33-34. Cf. Section 22.940(a)(2)(i) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). See Section 101.1011 of the Commission's Rules, 47 C.F.R. § 101.1011. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, Report and
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00063.doc
  • for the Commission to renew its license for an additional license term rather than issue the license to another applicant. 47 C.F.R. § 27.14(b); see also Part 27 Report and Order, 12 FCC Rcd at 10840, 10843-44 (paras. 106, 113). 47 C.F.R. § 27.14(c); see also Part 27 Report and Order, 12 FCC Rcd at 10840-41 (para. 107). Cf. Sections 22.940(a)(2)(i)-(iv) of the Commission's Rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). We note that, because of the anticipated difference in the nature of the respective services, we are not proposing that licensees in the 4.9 GHz band would be required to demonstrate an ability to serve roamers, as cellular licensees are required to do pursuant to the cited provisions of Part 22 of
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000307.doc
  • Rcd at 24628; 800 MHz SMR Second Report and Order, 12 FCC Rcd at 19150; PCS Order, 11 FCC Rcd at 21866.'' Footnote 230 is revised to read ``Once again, the Commission has consistently defined substantial service as ``service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.'' 47 C.F.R. § 22.940(a)(1)(i). See also Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, CC Docket No. 92-297, Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00141.doc
  • Rcd. at 21879, ¶ 103. Id. at 21879, ¶ 104. See CTIA Comments at 9. Id. Partitioning and Disaggregation Further Notice, 11 FCC Rcd. at 21879, ¶ 104. Id. at 21878, ¶ 101. See Partitioning and Disaggregation Report and Order, 11 FCC Rcd. at 21866; 800 MHz Second Report and Order, 12 FCC Rcd. at 19150-51. 6.14. 47 C.F.R. §§ 22.940(a)(1)(i) and 26.14(a). See Partitioning and Disaggregation Further Notice, 11 FCC Rcd. at 21880, ¶ 109. See Partitioning and Disaggregation Report and Order, 11 FCC Rcd. at 21870, ¶ 77. See Partitioning and Disaggregation Further Notice, 11 FCC Rcd. at 21881, ¶ 109. CTIA Comments at 10; SBC Comments at 3. AT&T Comments at 4. See Partitioning and Disaggregation Further Notice,
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  • 6 in LMDS Third Report and Order proceeding. See NPRM, 14 FCC Rcd at 19280-81 ¶ 32. See id. at 19281 ¶¶ 33-34. FWCC Comments at 7; PCIA Comments at 16-18; Teligent Comments at 26-28. RTG Comments at 14-15. See FWCC Comments at 7; PCIA Comments at 17; Teligent Comments at 27. See PCIA Comments at 17-18. 47 C.F.R. § 22.940(a)(1)(i). See also LMDS Second Report and Order, 12 FCC Rcd 12545, 12660; Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service, GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10785, 10843-10844 (1997) (WCS Report and Order); Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, WT
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  • Rcd at 7990. Id. at 7991. Id. Id. GTECH Comments at 10. CellNet Comments at 31. Id. AWWA Comments at 19; WSSC Comments at 10. 47 C.F.R. § 101.63. 47 C.F.R. § 101.63(b). 47 C.F.R. § 101.63(c). See Appendix D for a current list of recovered channels. See supra at para. 71. 47 U.S.C. § 309(j)(3). See 47 C.F.R. § 22.940(a)(1)(i). See, e.g., Amendment of the Commission's Rules to Establish New Personal Communications Service, GEN Docket No. 90-314, Second Report and Order, 8 FCC Rcd 7700, 7755 ¶ 134 (1993); Competitive Bidding Second Report and Order, 10 FCC Rcd at 6899 ¶ 43; Amendment of Parts 21 and 74 of the Commission's Rules with Regard to Filing Procedures in the Multipoint