FCC Web Documents citing 27.1236

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1150A1.pdf
  • gross revenues not exceeding $40 million for the preceding three years; "very small business" --an entity with attributed average annual gross revenues not exceeding $15 million for the same period; and an "entrepreneur" --an entity with attributed annual average gross revenues not exceeding $3 million for the same period). Corrected the inconsistency between the BRS/EBS3rd MO&Oand the text of Section 27.1236(b)(6) and changed references in Sections 27.1231(f), 27.1236(a), 27.1236(b)(1) and 27.1236(b)(6) to dates certain. Modified the height benchmarking rule to establish deadlines for compliance. Modified the out-of-band emissions rule to establish deadlines for compliance. Modified the out-of-band emissions rule to provide that out-of-band emissions are to be measured from the outermost edge of the channels when two or more channels are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1331A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1331A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1331A1.txt
  • the following renewal applications: 0002841453, 0002936004, 0002945525, 0003022184, 0003023931, 0003025633, 0003025641, 0003025746, 0003058949, 0003065753, 0003119706, 0003141205, 0003155485, 0003160176, 0003171011, 0003188417, and 003207851. In the other cases, Clearwire was the proponent for the market in question, or there was no transition plan on file at the time the renewal application was filed. See WT Docket No. 06-136. See 47 C.F.R. � 27.1236(c). At the petition for reconsideration stage, the Commission requires that interference claims be supported an affidavit from an engineer. 47 C.F.R. � 1.106(e). While there is no such specific requirement at the petition to deny stage, all factual allegations in petitions to deny must be supported by an affidavit from a person with personal knowledge of the facts (unless official
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1331A1_Rcd.pdf
  • respect to the following renewal applications: 0002841453, 0002936004, 0002945525, 0003022184, 0003023931, 0003025633, 0003025641, 0003025746, 0003058949, 0003065753, 0003119706, 0003141205, 0003155485, 0003160176, 0003171011, 0003188417, and 003207851. In the other cases, Clearwire was the proponent for the market in question, or there was no transition plan on file at the time the renewal application was filed. 42SeeWT Docket No. 06-136. 43See47 C.F.R. � 27.1236(c). 44At the petition for reconsideration stage, the Commission requires that interference claims be supported an affidavit from an engineer. 47 C.F.R. � 1.106(e). While there is no such specific requirement at the petition to deny stage, all factual allegations in petitions to deny must be supported by an affidavit from a person with personal knowledge of the facts (unless official
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1338A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1338A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1338A1.txt
  • Further Notice of Proposed Rulemaking, 19 FCC Rcd 14165, 14247-14249 �� 216-220 (2004). See 47 C.F.R. � 27.1206(a)(2). See Mester's TV, Order on Reconsideration, 19 FCC Rcd 18507 (2004) (Commission rejects argument by BTA authorization holder that it was improper to reinstate application for incumbent license after BTA authorization was issued). See WT Docket No. 06-136. See 47 C.F.R. � 27.1236(c). Declaratory Ruling, supra. Id. (...continued from previous page) (continued....) Federal Communications Commission DA 09-1338 Federal Communications Commission DA 09-1338 1 2 � � � � '' � F �  � � �@ 0 0 �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1338A1_Rcd.pdf
  • and Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 14165, 14247- 14249 �� 216-220 (2004). 32See47 C.F.R. � 27.1206(a)(2). 33SeeMester's TV, Order on Reconsideration, 19 FCC Rcd 18507 (2004) (Commission rejects argument by BTA authorization holder that it was improper to reinstate application for incumbent license after BTA authorization was issued). 34SeeWT Docket No. 06-136. 35See47 C.F.R. � 27.1236(c). 36Declaratory Ruling, supra. 37Id. 8100 Federal Communications Commission DA 09-1338 thoroughly considered the arguments made in Sprint Nextel's Petition andconclude that Sprint Nextel has provided no basis for denying the Waiver Requests. We therefore deny the Petition, grant the Waiver Requests, and direct processing of Applicants' Renewal Applications and Extension Applications. 16. Accordingly, IT IS ORDERED, pursuant to Sections 4(i)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1340A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1340A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1340A1.txt
  • the following renewal applications: 0002841453, 0002936004, 0002945525, 0003022184, 0003023931, 0003025633, 0003025641, 0003025746, 0003058949, 0003065753, 0003119706, 0003141205, 0003155485, 0003160176, 0003171011, 0003188417, and 003207851. In the other cases, Clearwire was the proponent for the market in question, or there was no transition plan on file at the time the renewal application was filed. See WT Docket No. 06-136. See 47 C.F.R. � 27.1236(c). At the petition for reconsideration stage, the Commission requires that interference claims be supported an affidavit from an engineer. 47 C.F.R. � 1.106(e). While there is no such specific requirement at the petition to deny stage, all factual allegations in petitions to deny must be supported by an affidavit from a person with personal knowledge of the facts (unless official
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1340A1_Rcd.pdf
  • the Informal Objections. C. Petitions to Deny Filed By EBS Licensees 21. We also dismiss the petitions to deny filed by other EBS licensees. As noted above, we dismiss the petitions that were untimely filed. Some timely-filed petitioners claim standing based on potential loss of their GSAs if they are required to "split-the-football" with reinstated licensees.51As will 48See47 C.F.R. � 27.1236(c). 49At the petition for reconsideration stage, the Commission requires that interference claims be supported an affidavit from an engineer. 47 C.F.R. � 1.106(e). While there is no such specific requirement at the petition to deny stage, all factual allegations in petitions to deny must be supported by an affidavit from a person with personal knowledge of the facts (unless official
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1376A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1376A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1376A1.txt
  • not entitled to interference protection from fixed and mobile services operating in the 2495-2500 MHz band. Id. at 5623 � 29. See id. at 5628-5630 �� 38-42. See id. at 5631-4632 �� 44-47. See 47 C.F.R. � 18.301. See WCAI Comments at 8-9. See 47 C.F.R. �� 27.50(h), 27.53(m), 27.55(a)(4), 27.1221. See 47 C.F.R. � 27.1235. See 47 C.F.R. � 27.1236. See BRS/EBS 3rd MO&O, 21 FCC Rcd at 5674 � 143. WCAI Comments at 8. See 47 C.F.R. �� 27.1237-27.1239. See id. See 47 C.F.R. � 27.1207(b)(1)(i). For information on the agreements with Canada and Mexico, prospective bidders should go to http://www.fcc.gov/ib/sand/agree/welcome.html. 47 C.F.R. �� 1.924, 27.1207(b)(1)(ii). 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1376A1_Rcd.pdf
  • Rcd at 5623-5627 �� 29-34. CDMA MSS licensees are not entitled to interferenceprotection from fixed and mobile services operating in the 2495-2500 MHz band. Id.at 5623 � 29. 73See id.at 5628-5630 �� 38-42. 74See id.at 5631-4632 �� 44-47. 75See47 C.F.R. � 18.301. 76SeeWCAI Comments at 8-9. 77See47 C.F.R. �� 27.50(h), 27.53(m), 27.55(a)(4), 27.1221. 78See47 C.F.R. � 27.1235. 79See47 C.F.R. � 27.1236. 80See BRS/EBS 3rdMO&O, 21 FCC Rcd at 5674 � 143. 81WCAI Comments at 8. 8289 Federal Communications Commission DA 09-1376 accordance with the Commission's rules.82Potential bidders should be aware that in BTAs where the transition to the new band plan has not yet been completed as of the date licenses are issued pursuant to this auction, they may be required
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1972A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1972A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1972A1.txt
  • (WATH) v. FCC, 401 F.2d at 404. See Aquinas High School, et al., Memorandum Opinion and Order, 24 FCC Rcd 8049 (WTB BD 2009). See Letters from Nadja Sodos-Wallace, Regulatory Counsel and Assistant Secretary, Clearwire Corporation to Office of the Secretary, Federal Communications Commission, WT Docket No. 06-136 (filed Jul. 17, 2008 and May 29, 2009). See 47 C.F.R. � 27.1236(c). Letter from Joy Collins, Superintendent, Evans County School System to Office of the Secretary, Federal Communications Commission, WT Docket No. 06-136 (filed Apr. 8, 2009). Declaratory Ruling, supra. Id. See Aquinas High School, supra. 47 C.F.R. � 73.3534(a) (2002). 47 C.F.R. � 73.3534(c) (2002). 47 C.F.R. � 73.3534(b) (2002). 47 C.F.R. � 73.3599 (1998). See BRS/EBS NPRM. Id. at 6805
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1972A1_Rcd.pdf
  • Radio Athens, Inc. (WATH) v. FCC, 401 F.2d at 404. 33SeeAquinas High School, et al., Memorandum Opinion and Order, 24 FCC Rcd 8049 (WTB BD 2009). 34SeeLetters from Nadja Sodos-Wallace, Regulatory Counsel and Assistant Secretary, Clearwire Corporation to Office of the Secretary, Federal Communications Commission, WT Docket No. 06-136 (filed Jul. 17, 2008 and May 29, 2009). 35See47 C.F.R. � 27.1236(c). 11284 Federal Communications Commission DA 09-1972 own motion, extend the deadline for Earle School District to file a self-transition notification to thirty days after their renewal application is granted. We expect the applicants, once their renewal applications are granted, to promptly file applications to move to their default location under the new band plan. B. Declaratory Ruling 12. On March
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1128A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1128A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1128A1.txt
  • (together, Joint Opponents) contend that the Commission's existing rules are sufficient to accommodate an MVPD provider who no longer wishes to opt out. Specifically, they suggest that an MVPD Provider who wishes to transition to the new band plan could file self-transition notices with a request for waiver of the April 21, 2009 deadline for filing self-transitions contained in Section 27.1236(b)(1) of the Commission's Rules, together with modification applications to change to the new band plan. The Joint Opponents are concerned that establishing new processes will limit the flexibility that Clearwire, MVPD Providers, and lessors may have to tailor transitions to specific market circumstances. They also claim that Clearwire's purported reasons for seeking those procedures are speculative, unsupported, and invalid. The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1128A1_Rcd.pdf
  • United (together, Joint Opponents) contend that the Commission's existing rules are sufficient to accommodate an MVPD provider who no longer wishes to opt out.24Specifically, they suggest that an MVPD Provider who wishes to transition to the new band plan could file self-transition notices with a request for waiver of the April 21, 2009 deadline for filing self-transitions contained in Section 27.1236(b)(1) of the Commission's Rules, together with modification applications to change to the new band plan.25The Joint Opponents are concerned that establishing new processes will limit the flexibility that Clearwire, MVPD Providers, and lessors may have to tailor transitions to specific market circumstances.26They also claim that Clearwire's purported reasons for seeking those procedures are speculative, unsupported, and invalid.27The Joint Opponents also
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281542A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281542A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281542A1.txt
  • Opinion and Order (``BRS/EBS 4th MO&O & 2nd FNPRM''), FCC 08-83, in the above-captioned proceeding. This Erratum corrects the BRS/EBS 4th MO&O & 2nd FNPRM as follows: In Paragraph 41, the date by which self-transitions must be completed is incorrectly calculated as ``October 20, 2011.'' The correct date is October 21, 2010. In Appendix A, the text for rule Section 27.1236(b)(6) has been revised to read as follows: ``Complete the self-transition on or before October 20, 2010.'' In Paragraph 55, the Commission decided to maintain the existing out-of-band emission limits for user stations. Because of other changes made to the rule, however, the text of the rule adopted by the Commission mistakenly eliminated any out-of-band emission limits for fixed digital user
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.txt
  • occur in the following five phases: initiating the transition process (see � 27.1231), planning the transition (see � 27.1232), reimbursing transition costs (see �� 27.1233 and 27.1237-1239), terminating existing operations in transitioned markets that do not comport with � 27.5(i)(2) of this part (see � 27.1234), and filing the post-transition notification (see � 27.1235). Licensees may also self-transition (see � 27.1236). Revise � 27.1231 to read as follows: � 27.1231 Initiating the transition. (a) Transition areas. Unless paragraph (b) of this section applies, the transition will occur by Basic Trading Area (BTA). BTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, that identifies 487 BTAs based on the 50 States; it also
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-83A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-83A1.txt
  • attributed annual average gross revenues not exceeding $3 million for the same period). Deny a petition requesting that the Commission permit licensees to self-transition before January 21, 2009, the deadline for proponents to file an Initiation Plan with the Commission. Grant a petition asking the Commission to correct the inconsistency between the BRS/EBS 3rd MO&O and the text of Section 27.1236(b)(6), and on the Commission's own motion, change references in Sections 27.1231(f), 27.1236(a), 27.1236(b)(1) and 27.1236(b)(6) to dates certain. Deny as moot a petition requesting that the Commission clarify the requirements for multichannel video programming distribution (MVPD) operators seeking to opt-out of the transition. Deny a petition seeking reconsideration on the effect of MVPD opt-out on adjacent licensees with overlapping geographic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-105A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-105A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-105A1.txt
  • transition for its MVPD systems in Milton and Egeland, North Dakota). See Letter from Nadja S. Sodos-Wallace, Senior Regulatory Counsel, Assistant Secretary, Clearwire Corporation to Office of the Secretary, Federal Communications Commission, WT Docket No. 06-136 (filed May 22, 2009); Self-Transition Notification, License B003, NSAC, LLC, WT Docket No. 06-136 (filed May 29, 2009) at 1. See 47 C.F.R. � 27.1236(b)(1). See CCB Comments at 3. Reply at 3. . See, e.g., BRS/EBS 3rd MO&O, 21 FCC Rcd at 5650 � 84; WHTV Broadcasting Corp. d/b/a Digital TV One and Caribbean University, Memorandum Opinion and Order, 22 FCC Rcd 1314 (WTB/2007); Antilles Wireless, L.L.C. d/b/a USA Digital, Memorandum Opinion and Order, 22 FCC Rcd 9348 (WTB 2007); MO&O. (...continued from previous
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-105A1_Rcd.pdf
  • out of the transition for its MVPD systems in Milton and Egeland, North Dakota). 56SeeLetter from Nadja S. Sodos-Wallace, Senior Regulatory Counsel, Assistant Secretary, Clearwire Corporation to Office of the Secretary, Federal Communications Commission, WT Docket No. 06-136 (filed May 22, 2009); Self-Transition Notification, License B003, NSAC, LLC, WT Docket No. 06-136 (filed May 29, 2009) at1. 57See47 C.F.R. � 27.1236(b)(1). 58SeeCCB Comments at 3. 59Reply at 3. 60FCC Strategic Plan 2009-2014 at 5. The FCC Strategic Plan, which is required by the Government Performance and Results Act of 1993 (5 U.S.C. � 306),defines the agency's missions, goals and means by which it will measure progress related to its mission.The current FCC Strategic Plan is available at http://www.fcc.gov/omd/strategicplan/. 7649 Federal Communications