FCC Web Documents citing 80.475

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

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  • Under that transition timetable proposed under this report, the 1385-1390 MHz and 1432-1435 MHz bands were scheduled for reallocation in January 1999. Id. at iv. The 216-220 MHz band was scheduled for reallocation in January 2002. Id. Prior to transfer from the Government, non-Government operations were operating in the 216-220 MHz and the 1427-1435 MHz bands. See 47 C.F.R. §§ 80.475, 90.248, 90.259, 95.801, 95.1001 and 95.1101. Prior to the release of the Reallocation Report and Order, Section 90.259 of our Rules permitted telemetry operations throughout the entire 216-220 MHz band and in the 1427-1435 MHz band. See 47 C.F.R. § 90.259 (2000). We note that in the Reallocation Report and Order, telemetry is limited to the 216-220 MHz band (secondary),
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  • stations may provide either commercial service or private correspondence service to maritime units, but may provide only commercial service to units on land. Section 80.123 of the Commission's Rules, which permits VPC and AMTS licensees to serve fixed and mobile units on land on a subsidiary basis, specifically authorizes only ``public correspondence service to stations on land.'' In addition, Section 80.475(c) of the Commission's Rules, which allows AMTS licensees to provide private mobile communications, by its terms limits the permissible communications to ``the operational requirements of ships including transmissions of fuel, weather, position and supply reports.'' We note, as an initial matter, that the prohibition against public coast stations providing private mobile radio service to land units appears to result from
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  • likely to cause harmful interference to an existing AMTS station and there is no showing to the contrary in the record of this proceeding. V. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to the authority of Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.962, 1.971, 80.215, and 80.475 of the Commission's Rules, 47 C.F.R. §§ 1.962, 1.971, 80.215, 80.475, the Petition to Deny Automated Maritime Telecommunications System application, Chicago, Illinois, filed by KM LPTV of Chicago-13, LLC on November 4, 1999, IS DENIED, and the application filed by RegioNet Wireless License, LLC, for authorization to construct and operate an Automated Maritime Telecommunications System station at Chicago, Illinois, on
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  • the above-captioned applications for authority to construct and operate Automated Maritime Telecommunications System (AMTS) stations along a portion of the Arkansas River, known as the Arkansas Headwaters. For the reasons discussed below, we dismiss the applications. Background. AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. Under Section 80.475(a) of the Commission's Rules, AMTS applicants who propose to serve a navigable inland waterway that is less than 150 miles in length, must serve that waterway in its entirety. On the other hand, AMTS applicants who propose to serve a navigable inland waterway that is more than 150 miles in length, must provide continuity of service for at least 60
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  • applications for authority to construct and operate Automated Maritime Telecommunications System (AMTS) stations along a segment of the Arkansas River, known as the Arkansas Headwaters. For the reasons discussed below, Havens's petition for reconsideration is denied. Background. AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. Under Section 80.475(a) of the Commission's Rules, AMTS applicants who propose to serve a navigable inland waterway that is less than 150 miles in length must serve that waterway in its entirety. On the other hand, AMTS applicants who propose to serve a navigable inland waterway that is more than 150 miles in length must provide continuity of service for at least 60
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  • and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Amendment of Parts 2 and 80 of the Commission's Rules Applicable to Automated Maritime Telecommunications Systems (AMTS), First Report and Order, RM-5712, 6 FCC Rcd 437, 437 ¶ 3 (1991). 47 C.F.R. § 80.475(a). Id. Fred Daniel d/b/a Orion Telecom, Memorandum Opinion and Order, 13 FCC Rcd 25313, 25315 ¶ 7 (WTB PSPWD 1998), aff'd, Order on Reconsideration, 14 FCC Rcd 1050 (WTB PSPWD), review denied, Memorandum Opinion and Order, 14 FCC Rcd 19912 (1999). File Nos. 853265-68. File Nos. 853259-64. File Nos. 853269-70. See Public Notice, Report No. 2096 (rel. June 6, 2000).
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  • Bureau, Public Safety and Private Wireless Division (Division) dismissing the above-captioned applications to operate Automated Maritime Telecommunications System (AMTS) stations at various locations in Texas. For the reasons that follow, the petition for reconsideration is denied. Background. AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. Under Section 80.475(a) of the Commission's Rules, AMTS applicants who propose to serve a navigable inland waterway that is less than 150 miles in length must serve that waterway in its entirety. On the other hand, AMTS applicants who propose to serve a navigable inland waterway that is more than 150 miles in length must provide continuity of service along at least 60
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  • Chesapeake Bay, south coastal region of California, Sacramento River Delta area and the Apalachicola and Chattahoochee Rivers are dismissed. II. BACKGROUND AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. There are two frequency groups of twenty channel pairs each available for assignment to AMTS stations. Under Section 80.475(a) of the Commission's Rules, AMTS applicants who propose to serve a navigable inland waterway that is less than 150 miles in length must serve that waterway in its entirety. On the other hand, AMTS applicants who propose to serve a navigable inland waterway that is more than 150 miles in length, must provide continuity of service for at least 60
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  • (AMTS) stations at various locations in Texas. For the reasons discussed below, we dismiss the above-captioned applications for AMTS stations that would serve the Lower Colorado River, the San Antonio River, and the Trinity River. II. BACKGROUND AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. Under Section 80.475(a) of the Commission's Rules, AMTS applicants who propose to serve a navigable inland waterway that is less than 150 miles in length must serve that waterway in its entirety. On the other hand, AMTS applicants who propose to serve a navigable inland waterway that is more than 150 miles in length must provide continuity of service along at least 60
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  • of his applications for authority to construct and operate Automated Maritime Telecommunications System (AMTS) stations along a segment of the Arkansas River, known as the Arkansas Headwaters. For the reasons discussed below, Havens's petition is denied. Background. AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. Under Section 80.475(a) of the Commission's Rules, AMTS applicants who propose to serve a navigable inland waterway that is less than 150 miles in length must serve that waterway in its entirety. Alternatively, AMTS applicants who propose to serve a navigable inland waterway that is more than 150 miles in length must provide continuity of service for at least 60 percent of the
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  • (80 miles) of a Channel 10 television station and/or 169 kilometers of a Channel 13 television station to submit a plan to limit interference to television reception and imposing additional requirements where there are at least one hundred residences within both a proposed AMTS station's predicted interference contour and a Channel 10 or Channel 13 television station's Grade B contour), 80.475(a) (requiring such applicants to submit an engineering study clearly showing the means of avoiding interference). See Public Notice, Report No. 2119 (rel. Nov. 14, 2000). Recon Order, 16 FCC Rcd at 16322-23 ¶¶ 5-7. 47 C.F.R. § 1.106(b)(1). Recon Order, 16 FCC Rcd at 16322 ¶ 5. Letter from Scot Stone, Deputy Branch Chief, Policy and Rules Branch, Public Safety
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  • rules specifically define an AMTS as ``an automatic, integrated and interconnected, maritime communications system.'' You ask whether use of the word ``interconnected'' means that interconnection with the public switched telephone network (PSTN) is required, and, if so, whether this requirement applies even to AMTS stations carrying private coast station communications in lieu of public correspondence service, as permitted by Section 80.475(c) of the Commission's Rules. We conclude that the rules require interconnection to the PSTN. We also conclude that the requirement applies even if the station carries only private coast communications. When the Commission enacted the predecessor of Section 80.475(c), it did so to allow licensees to choose the type of service that they believed would best meet towboat and barge
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  • that govern Automated Maritime Telecommunications System (AMTS) licensees, filed by Warren C. Havens (Havens) on October 7, 2002. For the reasons that follow, we deny both the petition for declaratory ruling and the waiver request. Background. AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. Pursuant to Section 80.475(c) of the Commission's Rules, in lieu of public correspondence service, an AMTS system may provide private coast station communications related to the operational requirements of ships. In addition, Section 80.123 of the Commission's Rules permits AMTS stations to provide public correspondence service to stations on land, as long as marine-originating traffic is given priority. Havens holds a number of AMTS
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  • not include an engineering study, nor a list of the affected television stations that received notification of the filing of the application, we find that it is defective and therefore will be dismissed. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and Sections 80.215(h) and 80.475 of the Commission's Rules, 47 C.F.R. §§ 80.215(h), 80.475, that the petition to deny filed by Warren C. Havens on October 31, 2002 IS GRANTED to the extent set forth above. IT IS FURTHER ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and Sections 80.215(h) and 80.475 of
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  • indicate that the Boston and Washington sites operate at 1000 watts effective radiated power (ERP). Your June 5 letter, however, clarified that the Boston site operates at 199 watts ERP. At a June 5, 2003 meeting, Mr. Scot Stone of my staff requested copies of the notifications for the sites that Mobex sent to affected broadcasters as required by Section 80.475(b) of the Commission's Rules. By electronic mail dated June 7, 2003, Mobex stated that no notifications were ever sent, because there were no stations that required notification. Subsequently, in a June 12, 2003 electronic mail message, Mobex stated that it believed that the required notifications were sent, but that it had been ``unable to locate documentation of those notifications.'' Mobex
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  • for Commission Action Under 47 C.F.R. § 1.41, and Complaint Under § 208 of the Communications Act (filed January 8, 2003) by Mobex Network Services, LLC (Opposition). Amendment of Parts 2 and 80 of the Commission's Rules Applicable to Automated Maritime Telecommunications Systems (AMTS), First Report and Order, RM-5712, 6 FCC Rcd 437, 437 ¶ 3 (1991). 47 C.F.R. § 80.475(a). Id. Fred Daniel d/b/a Orion Telecom, Memorandum Opinion and Order, 13 FCC Rcd 25313, 25315 ¶ 7 (WTB PSPWD 1998), aff'd, Order on Reconsideration, 14 FCC Rcd 1050 (WTB PSPWD), review denied, Memorandum Opinion and Order, 14 FCC Rcd 19912 (1999). See, e.g., Regionet Wireless Licensee, LLC, Order on Reconsideration, 16 FCC Rcd 16321 (WTB PSPWD 2001), recon. denied, Order
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  • shall not be deemed to extend the system's service area. Such an expansion shall not reduce the area that can be served by the geographic area licensee because the geographic licensee would not be able to service the additional water area without causing interference to areas served by the incumbent. See 47 C.F.R. § 80.215(h)(4), 80.385(a)(2). See 47 C.F.R. § 80.475. See 47 C.F.R. § 80.475(a)(2). Prospective bidders should see the Part 80 Rules pertinent to AMTS, including, but not limited to, Sections 80.215, 80.385, and 80.475-80.481, and the Commission Orders in PR Docket No. 92-257, e.g., Public Coast Fourth Report and Order and Third Further Notice of Proposed Rule Making; Public Coast Second Memorandum Opinion and Order and Fifth Report
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  • July 15, 2003, he filed a petition for forbearance from or, in the alternative, waiver of those coverage requirements as applied to the above-captioned applications. For the reasons that follow, we deny the petitions. II. BACKGROUND AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. Under former Section 80.475(a) of the Commission's Rules in effect when the above-captioned applications were filed, AMTS applicants were required to serve a navigable inland waterway that is less than 150 miles in length in its entirety. Applicants proposing to serve a navigable inland waterway more than 150 miles in length were required to provide continuity of service along at least sixty percent of
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  • Clarity GenPar, LLC (Clarity). For the reasons that follow, we grant the petitions to deny with respect to the Erie Canal stations, and deny the petitions to deny with respect to the other stations. II. BACKGROUND AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. Under former Section 80.475(a) of the Commission's Rules in effect when the licenses at issue were initially granted, AMTS applicants were required to serve a navigable inland waterway that is less than 150 miles in length in its entirety. Applicants proposing to serve a navigable inland waterway more than 150 miles in length were required to provide continuity of service along at least sixty
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  • located in the southern United States and consists of three high-power transmitter locations and six receiver locations. Amendment of the Commission's Rules Concerning Low Power Radio and Automated Maritime Telecommunications System Operations in the 216-217 MHz Band, Report and Order, 11 FCC Rcd 18,517, 18,519 (1996) (LPRS Report and Order). See 47 C.F.R. § 80.215(h)(4), 80.385(a)(2). See 47 C.F.R. § 80.475. See 47 C.F.R. § 80.475(a)(2). Prospective bidders should see the Part 80 Rules pertinent to AMTS, including, but not limited to, Sections 80.215, 80.385, and 80.475-80.481, and the Commission Orders in PR Docket No. 92-257, e.g., Public Coast Fourth Report and Order and Third Further Notice of Proposed Rule Making; Public Coast Second Memorandum Opinion and Order and Fifth Report
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  • deny the petition. Background. In 1981, the Commission designated spectrum for AMTS operations, at the request of tug, towboat, and barge operators who complained that the existing ship-shore communications service was not adequate to meet their needs. AMTS stations provide automated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. Under former Section 80.475(a) of the Commission's Rules, applicants proposing to serve portions of the U.S. coastline were required to define a ``substantial navigational area,'' and show how the proposed system would provide continuity of service for the area. AMTS stations were required to be placed in operation within eight months of license grant, or, pursuant to former Section 80.49(a)(2) of the rules, ``the
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  • other maritime vessels. The Commission has designated two spectrum channel blocks for AMTS operations. The Commission's practice under the former, site-based AMTS rules was that it would not assign both frequency blocks at one time to one licensee, but would permit a licensee with one frequency block to obtain the other block upon a showing of need. Under former Section 80.475(a) of the Commission's Rules, in effect when the licenses at issue were initially granted, AMTS applicants were required to serve a navigable inland waterway that is less than 150 miles in length in its entirety. Applicants proposing to serve a navigable inland waterway more than 150 miles in length were required to provide continuity of service along at least sixty
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  • and 83 of the Commission's Rules to Allocate Spectrum for an Automated Inland Waterways Communications System (IWCS) along the Mississippi River and Connecting Waterways, Report and Order, GEN Docket No. 80-1, 84 FCC 2d 875, 897-98 ¶ 81 (IWCS Report and Order), on recon., Memorandum Opinion and Order, GEN Docket No. 80-1, 88 FCC 2d 679 (1981). 47 C.F.R. § 80.475(a)(1); see AMTS First Report and Order, 6 FCC Rcd at 437 ¶ 5. 47 C.F.R. § 80.215(h)(3). 47 C.F.R. § 80.215(h)(4); see AMTS First Report and Order, 6 FCC Rcd at 437 ¶ 5. Havens Petition at 2-5. See Mobex Network Services, LLC, Order, 19 FCC Rcd 24939, 24944 ¶ 10 (WTB PSCID 2004). File No. 852227 (filed Oct. 23,
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  • and 83 of the Commission's Rules to Allocate Spectrum for an Automated Inland Waterways Communications System (IWCS) along the Mississippi River and Connecting Waterways, Report and Order, GEN Docket No. 80-1, 84 FCC 2d 875, 897-98 ¶ 81 (IWCS Report and Order), on recon., Memorandum Opinion and Order, GEN Docket No. 80-1, 88 FCC 2d 679 (1981). 47 C.F.R. § 80.475(a)(1); see AMTS First Report and Order, 6 FCC Rcd at 437 ¶ 5. 47 C.F.R. § 80.215(h)(3). 47 C.F.R. § 80.215(h)(4); see AMTS First Report and Order, 6 FCC Rcd at 437 ¶ 5. Havens Petition at 2-5. See Mobex Network Services, LLC, Order, 19 FCC Rcd 24939, 24944 ¶ 10 (WTB PSCID 2004). File No. 852227 (filed Oct. 23,
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  • conclusion of the first auction for Automated Maritime Telecommunications System (AMTS) licenses. For the reasons set forth below, we deny the petition. Background. In 1981, the Commission designated spectrum for AMTS operations at the request of tug, towboat, and barge operators, who had complained that the existing ship-shore communications service was not adequate to meet their needs. Under former Section 80.475(a) of the Commission's Rules, applicants proposing to serve portions of the U.S. coastline were required to define a ``substantial navigational area,'' and show how the proposed system would provide continuity of service for the area. AMTS stations were required to be placed in operation within eight months of license grant, or, pursuant to former Section 80.49(a)(2) of the rules, ``the
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  • the license for Automated Maritime Telecommunications System (AMTS) Station WHG545. For the reasons that follow, Havens's petition is granted in part and denied in part. Background AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. The Commission has designated two spectrum channel blocks for AMTS operation. Under Section 80.475(a) of the Commission's Rules as in effect when the license at issue was initially granted, AMTS applicants proposing to serve a portion of the Atlantic, Pacific, or Gulf of Mexico coastline were required to provide continuity of service to a ``substantial navigational area.'' Under the Commission's Rules, AMTS facilities must be constructed within a specified time and must remain operational
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  • 3060-0955 2 GHz Mobile Satellite Service Reports 02/28/07 3060-0957 Wireless Enhanced 911 Service 11/30/07 3060-0960 Secs. 76.122, 76.123, 76.124 and 76.127 05/31/08 3060-0962 Redesignation of the 18 GHz Frequency Band, Blanket Licensing of Satellite Earth Stations in the Ka-Band, and the Allocation of Additional Spectrum for Broadcast Satellite Service Use 11/30/08 3060-0963 Secs. 101.527 and 101.529 08/31/07 3060-0966 Secs. 80.385, 80.475, and 97.303 01/31/09 3060-0967 Sec. 79.2 11/30/07 3060-0968 FCC 501 11/30/07 3060-0970 Sec. 90.621 06/30/07 3060-0971 Numbering Resource Optimization, CC Docket Nos. 96-98 and 99-200 11/30/07 3060-0972 FCC 507, FCC 508 and FCC 509 11/30/07 3060-0973 Sec. 64.1120(e) 12/31/07 3060-0975 Promotion of Competitive Networks in Local Telecommunications Markets Multiple Environments (47 CFR Parts 1, 64 and 68) 11/30/07 3060-0978 Sec.
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  • a more thorough discussion of the procedural background of this matter, see id. at 23196-99 ¶¶ 2-8. The Colorado applications were dismissed in November 2000, and the Texas applications were dismissed in January 2001. See Warren C. Havens, Order, 16 FCC Rcd 2539 (WTB PSPWD 2001); Warren C. Havens, Order, 15 FCC Rcd 22296 (WTB PSPWD 2000). Under former Section 80.475(a) of the Commission's Rules in effect when the above-captioned applications were filed, AMTS applicants were required to serve a navigable waterway that is less than 150 miles in length in its entirety, and to provide continuity of service to at least sixty percent of a navigable waterway that is more than 150 miles in length. See 47 C.F.R. § 80.475(a)
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  • their needs. The Commission has designated two spectrum channel blocks for AMTS operations. PSI's license for Station WGH545 was granted on June 1, 1995, for a facility at Wailuku (Mt. Haleakala), Hawaii. The license was modified on July 16, 1997, to authorize a second site at Honolulu, Hawaii. The sites were authorized to operate on Channel Block B. Under Section 80.475(a) of the Commission's Rules as in effect when the license was granted, AMTS applicants proposing to serve a portion of the Atlantic, Pacific, or Gulf of Mexico coastline were required to provide continuity of service to a ``substantial navigational area.'' Under the Commission's Rules, AMTS facilities must be constructed within a specified time and must remain operational in order for
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  • a ``Request for Relief from Frivolous Pleadings'' filed by Mobex. Background General. AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. The licenses for the stations at issue were granted between 1995 and 1999 under the Commission's former rules for site-based licensing of AMTS stations. Under former Section 80.475(a) of the Commission's Rules, AMTS applicants were required to serve a navigable inland waterway that is less than 150 miles in length in its entirety; applicants proposing to serve a navigable inland waterway more than 150 miles in length were required to provide continuity of service along at least sixty percent of the waterway; and applicants proposing to serve a
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  • 25, 2006, certain duties of the Public Safety and Critical Infrastructure Division were assumed by the Mobility Division. See Establishment of the Public Safety and Homeland Security Bureau, Order, 21 FCC Rcd 10867 (2006). Call Sign WHV733, WHV740 and WHV843. See File No. 0002363519, 0002363520, and 0002363521 (filed Oct. 31, 2005). See 47 C.F.R. §§ 1.955(a), 80.49(a)(3). See 47 C.F.R. 80.475(a) (2001). Petition for Reconsideration at 2-4; Petition to Deny at 2-4. See Paging Systems, Inc., Order, 21 FCC Rcd 7225, 7229 n.41 (WTB PSCID 2006) (citing Mobex Network Services, LLC, Order, 19 FCC Rcd 24939, 24943 n.34 (WTB PSCID 2004)) (Mobex 2004 Order) (rejecting the argument that AMTS licenses should be terminated for failure to meet a construction requirement that
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  • Docket No. 99-255, FCC 00-211 04/30/10 3060-0955 2 GHz Mobile Satellite Service Reports 02/28/10 3060-0957 Wireless Enhanced 911 Service 11/30/07 3060-0960 Secs. 76.122, 76.123, 76.124 and 76.127 05/31/08 3060-0962 Redesignation of the 18 GHz Frequency Band, Blanket Licensing of Satellite Earth Stations in the Ka-Band, and the Allocation of Additional Spectrum for Broadcast Satellite Service Use 11/30/08 3060-0966 Secs. 80.385, 80.475, and 97.303 01/31/09 3060-0967 Sec. 79.2 09/30/10 3060-0968 FCC 501 09/30/10 3060-0971 Numbering Resource Optimization, CC Docket Nos. 96-98 and 99-200 11/30/07 3060-0972 FCC 507, FCC 508 and FCC 509 11/30/07 3060-0973 Sec. 64.1120(e) 12/31/07 3060-0975 Promotion of Competitive Networks in Local Telecommunications Markets Multiple Environments (47 CFR Parts 1, 64 and 68) 01/31/08 3060-0978 Sec. 20.18, 911 Service, Fourth
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  • either in simplex or duplex mode. A. VPC and AMTS Provision of Private Correspondence Service to Units on Land The Commission concluded that the current rules are unnecessarily restrictive for VPC and AMTS licensees alike, and therefore, the following sections were amended as follows: ÿ Section 80.123 by removing the reference to "public correspondence" in the introductory paragraph; ÿ Section 80.475(c) by removing the references to ships and ship stations; ÿ Section 20.9(b) to expressly include AMTS licensees among those licensees eligible to rebut the presumption that they are CMRS providers; ÿ Sections 80.5 and 80.475(d) by eliminating the interconnection requirement for AMTS stations providing private correspondence service. (The interconnection requirement for CMRS offerings by AMTS licensees is still applicable.) ÿ
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  • Order, WT Docket No. 04-257, 22 FCC Rcd 8971, 8974-78 ¶¶ 4-10 (2007), recon. pending. See Amendment of the Commission's Rules Concerning Maritime Communications, Second Memorandum Opinion and Order and Fifth Report and Order, PR Docket No. 92-257, 17 FCC Rcd 6685, 6696 ¶ 24 (2002) (``Public Coast Fifth Report and Order''). 47 C.F.R. § 80.385(b)(1). See 47 C.F.R. § 80.475(b). See Public Coast Fifth Report and Order, 17 FCC Rcd at 6701 ¶ 34. See NUSCO Application, Exhibit ``Southwest Connecticut Coast Station Location'' (``NUSCO Location Exhibit''), Attachment 1 ``Analysis of Interference Potential in the 217 MHz Band prepared by UTC Spectrum Services (March 23, 2007)'' (``NUSCO Interference Analysis''). See NUSCO Location Exhibit at 2; NUSCO Interference Analysis at 2-3. AMTS
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  • unless Section 80.385(b) is interpreted as requested, there exists the potential for a geographic AMTS licensee to interpose a station between two of the incumbent's stations. The Commission has concluded, however, that such a scenario will not occur if the incumbent licensee constructed its system in compliance with the then-existing requirement to maintain continuity of service, see 47 C.F.R. § 80.475(a) (1999). See Amendment of the Commission's Rules Concerning Maritime Communications, Third Memorandum Opinion and Order, PR Docket No. 92-257, 18 FCC Rcd 24391, 22401 ¶¶ 23-24 (2003). See Fifth Report and Order, 17 FCC Rcd at 6699-6700 ¶ 31 (``We conclude that allowing incumbent licensees to continue operating under the terms of their current station licenses will further the public
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  • Further Notice). See Amendment of the Commission's Rules Concerning Maritime Communications, Second Memorandum Opinion and Order and Fifth Report and Order, PR Docket No. 92-257, 17 FCC Rcd 6685, 6692 ¶ 15 (2002) (Second Memorandum Opinion and Order and Fifth Report and Order, respectively). Havens argued that the applications failed to comply with the AMTS service coverage, 47 C.F.R. § 80.475(a), and broadcast television interference protection, 47 C.F.R. § 80.215(h), requirements. See Second Memorandum Opinion and Order, 17 FCC Rcd at 6694 ¶ 20. See Fifth Report and Order, 17 FCC Rcd at 6696 ¶ 24. Id. at 6700-01 ¶¶ 32-33. Id. at 6720 ¶ 83, 6721 ¶ 90. See Third Memorandum Opinion and Order, 18 FCC Rcd at 24398 ¶
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  • (citing CMRS Second Report and Order, 9 FCC Rcd at 1440, para. 67)). Maritime Petition for Reconsideration at 3 (comparing CMRS Second Report and Order, 9 FCC Rcd at 1440-41, para. 67, with 9 FCC Rcd at 1448, para. 83). 9 FCC Rcd at 1518-19 (adopting 47 C.F.R. § 20.9(a)(5)). See Maritime Petition for Reconsideration at 2; 47 C.F.R. § 80.475 (delimiting the scope of AMTS and contained within Part 80, Subpart J (entitled ``Public Coast Stations'')). All CMRS providers are telecommunications carriers given the parallel statutory definitions. Compare 47 U.S.C. § 332(d)(1) (CMRS is ``any mobile service . . . that is provided for profit and makes interconnected service available (A) to the public or (B) to such classes of
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  • AMTS licensees should be relieved of the interconnection requirement when providing PMRS, and confirmed its intention in 2010. We accordingly see no reason to reject Verde's certification based on its representation that it will provide PMRS on a non-interconnected basis. Nor are we persuaded that Verde's proposal is defective because it does not reconcile the proposed use with the Section 80.475(c) requirement to provide emergency service to ship stations and the Section 80.123(b) requirement to afford priority to marine-originating communications. No rule requires a Section 20.9(b) certification to explain how the proposed PMRS operation will comply with these requirements. In fact, the Commission specifically declined to adopt a rule that would require AMTS licensees, as a prerequisite to providing PMRS, to
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  • Third Memorandum Opinion and Order, 13 FCC Rcd 19853 (1998); see also 47 C.F.R. §80.123. 9SeeMariTEL, Inc. and Mobex Network Services, LLC, Report and Order, 22 FCC Rcd 8971, 8976-78 ¶¶ 8-10 (2007) (Coast Station Flexibility Order), recon. granted in part, Memorandum Opinion and Order, 25 FCC Rcd 533 (2010) (Coast Station Recon Order); see also 47 C.F.R. §§ 20.9, 80.475(c). 10See47 C.F.R. §20.9(b); see also47 C.F.R. §20.9(a), (a)(5). 11See47 C.F.R. §20.9(b)(1). 12We note that the certifications reference licenses in addition to the licenses for which modifications are being requested at this time. Specifically, the certifications for the WQCP816 and WQCP817 applications also reference Station WQCP815, and the certification for the WQCP814 application also references Stations WQCP810, WQCP811, WQCP812, WQCP813, WQGF313,
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  • Commission waive Sections 80.92(a) (listen-before-talk requirement), 80.102(a) (station identification requirement), 80.105 (requirement that coast station acknowledge and receive all calls directed to it by ship or aircraft stations), 80.123 (requirement to give priority to marine communications, and other operational and technical requirements for coast stations), 80.215(h)(5)(i) (ship stations transmitter output power and effective radiated power limits), 80.385(a)(2) (AMTS frequency assignments), 80.475(c) (requirement that AMTS systems provide private mobile radio service only to stations whose licensees make cooperative arrangements with the AMTS coast station licensee), and 80.479(c) (requirement that ``all affected licensees'' provide written consent for mobile-to-mobile communications). SCRRA asserts that grant of the requested waivers is warranted under Section 1.925 of the Commission's Rules because there are unique and special circumstances
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  • the Commission waive Sections 80.92(a) (listen-before-talk requirement), 80.102(a) (station identification requirement), 80.105 (requirement that coast station acknowledge andreceive all calls directed to it by ship or aircraft stations), 80.123 (requirement to give priority to marine communications, and other operational and technical requirements for coast stations), 80.215(h)(5)(i) (ship stations transmitter output power and effective radiated power limits), 80.385(a)(2) (AMTS frequency assignments), 80.475(c) (requirement that AMTS systems provide private mobile radio service only to stations whose licensees make cooperative arrangements with the AMTS coast station licensee), and 80.479(c) (requirement that "all affected licensees" provide written consent for mobile-to-mobile communications).16SCRRA asserts that grant of the requested waivers is warranted under Section 1.925 of the Commission's Rules17because there are unique and special circumstances surrounding SCRRA's
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  • C.F.R. § 80.102(a), which requires Part 80 licensees to transmit station identification. We clarify that this requirement does not apply to Transco, because the Commission has decided to forbear from enforcing the station identification requirement with respect to AMTS licensees. See Regionet Wireless License, LLC, Order, 15 FCC Rcd 16119, 16123 ¶ 9 (2000). Next, Transco requests waiver of Section 80.475(c) of the Commission's Rules, 47 C.F.R. § 80.475(c), which provides that AMTS licensees may provide private mobile radio service only to stations whose licensees make cooperative arrangements with the AMTS coast station licensee. We conclude, however, that this requirement is satisfied and no waiver is required, because Transco intends to provide service only to affiliated entities within the same corporate
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  • C.F.R. § 80.102(a), which requires Part 80 licensees to transmit station identification. We clarify that this requirement does not apply to Transco, because the Commission has decided to forbear from enforcing the station identification requirement with respect to AMTS licensees. See Regionet Wireless License, LLC, Order, 15 FCC Rcd 16119, 16123 ¶ 9 (2000). Next, Transco requests waiver of Section 80.475(c) of the Commission's Rules, 47 C.F.R. § 80.475(c), which provides that AMTS licensees may provide private mobile radio service only to stations whose licensees make cooperative arrangements with the AMTS coast station licensee. We conclude, however, that this requirement is satisfied and no waiver is required, because Transco intends to provide service only to affiliated entities within the same corporate
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  • other communications facilities are not available; and give AMTS licensees the ability to use any modulation or channelization scheme, as long as that scheme complies with Section 80.211 at the band edges. Legal Basis: 47 U.S.C. 154, 303, 307(e), 309, and 332; 47 U.S.C. 151-155, 301-609; 3 U.S.T. 3450, 3 U.S.T. 4726 and 12 U.S.T. 2377. Section Number and Title: 80.475(b) Scope of service of the Automated Maritime Telecommunications System (AMTS). 80.477(d) AMTS points of communication. 80.481 Alternative technical parameters for AMTS transmitters. PART 90-PRIVATE LAND MOBILE RADIO SERVICES SUBPART B-PUBLIC SAFETY RADIO POOL Brief Description: These rules contain limitations on the assignment of channels in the Public Safety Radio Pool. Need: In implementing the goal of efficient spectrum use, these
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  • the Wireless Telecommunications Bureau seeks comment on a request by Vermont Transco LLC (Transco) for waiver of certain Part 80 rules to allow Transco to operate a private land mobile radio (PLMR) system on Automated Maritime Telecommunications System (AMTS) spectrum to provide communication services for Transco's electric distribution operations. Specifically, Transco seeks a waiver of Sections 80.92(a), 80.102(a), 80.123(a), 80.123(f), 80.475(c) and 80.479(c) of the Commission's Rules, to the extent applicable. Transco owns Vermont's high-voltage electric transmission system, and provides service throughout Vermont and elsewhere in New England. It acquired AMTS Block B spectrum in Vermont in 2009, and now seeks a waiver to allow it to operate a PLMR system in support of its critical infrastructure utility operations. Transco's communications
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  • Public Notice, the Wireless Telecommunications Bureau seeks comment on a request by Vermont Transco LLC (Transco) for waiver of certain Part 80 rules to allow Transco to operate a private land mobile radio (PLMR) system on Automated Maritime Telecommunications System1(AMTS) spectrum to provide communication services for Transco's electric distribution operations.2Specifically, Transco seeks a waiver of Sections 80.92(a), 80.102(a), 80.123(a), 80.123(f), 80.475(c) and 80.479(c) of the Commission's Rules, to the extent applicable.3 Transco owns Vermont's high-voltage electric transmission system, and provides service throughout Vermont and elsewhere in New England. It acquired AMTS Block B spectrum in Vermont in 2009,4and now seeks a waiver to allow it to operate a PLMR system in support of its critical infrastructure utility operations. Transco's communications system
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  • Five-Channel 220 MHz Nationwide License to the Association of American Railroads, Order, 18 FCC Rcd 24711 (WTB 2003). Id. at 4. See Attachment 2 to Waiver Request, which list 35 counties from Washington, DC to Boston, Massachusetts included in Amtrak's Northeast Corridor. Specifically, Amtrak seeks a waiver of Sections 80.92(a), 80.102(a), 80.105, 80.106, 80.123, 80.205, 80.207, 80.215(e)(2), 80.215(h)(5), 80.215(i), 80.385(a)(2), 80.475(c) and 80.479(c) of the Commission's Rules, 47 C.F.R. §§ 80.105, 80.106, 80.123, 80.205, 80.207, 80.371, 80.215(e)(2), 80.215(h)(5), 80.215(i), 80.385(a)(2), 80.475(c) and 80.479(c) to the extent applicable, in order to permit use of the frequencies for exclusive-use private land mobile radio (PLMR) communications. We note that the Commission has offered guidance to prospective waiver applicants regarding some of the factors to
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  • a Five-Channel 220 MHz Nationwide License to the Association of American Railroads, Order, 18 FCC Rcd 24711 (WTB 2003). 6Id.at 4. 7See Attachment 2 to Waiver Request, which list 35 counties from Washington, DC to Boston, Massachusetts included in Amtrak's Northeast Corridor. 8Specifically, Amtrak seeks a waiver of Sections 80.92(a), 80.102(a), 80.105, 80.106, 80.123, 80.205, 80.207, 80.215(e)(2), 80.215(h)(5), 80.215(i), 80.385(a)(2), 80.475(c) and 80.479(c) of the Commission's Rules, 47 C.F.R. §§ 80.105, 80.106, 80.123, 80.205, 80.207, 80.371, 80.215(e)(2), 80.215(h)(5), 80.215(i), 80.385(a)(2), 80.475(c) and 80.479(c) to the extent applicable, in order to permit use of the frequencies for exclusive-use private land mobile radio (PLMR) communications. We note that the Commission has offered guidance to prospective waiver applicants regardingsome of the factors to be
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  • C.F.R. § 90.209(b)(5); see also Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended; Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies, Third Memorandum Opinion and Order and Third Further Notice of Proposed Rule Making and Order, WT Docket No. 99-87, RM-9332, 19 FCC Rcd 25045 (2004). See 47 C.F.R. §§ 80.215(h), 80.385(b), 80.475(a). See Avista Corp., Order, DA 12-45 (WTB MD rel. Jan. 13, 2012). See Wireless Telecommunications Bureau, Public Safety and Homeland Security Bureau, and Office of Engineering and Technology Provide Reminders of the January 1, 2013 Deadline for Transition to Narrowband Operations in the 150-174 MHz and 421-512 MHz Bands and Guidance for Submission of Requests for Waiver and Other Matters,
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  • 47 C.F.R. § 90.209(b)(5); see alsoImplementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended; Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies, Third Memorandum Opinion and Order and Third Further Notice of Proposed Rule Making and Order, WT Docket No. 99-87, RM-9332, 19 FCC Rcd 25045 (2004). 3See 47 C.F.R. §§ 80.215(h), 80.385(b), 80.475(a). 1446 AMTS system. It requested a 24-month extension, until December 31, 2014, to ensure that the company would either have time to construct its AMTS network or comply with the Commission's narrowbanding requirement on a deferred basis. It stated that, due to climate and geography in the Pacific Northwest, Avista can safely and reasonably deploy base station equipment only from
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  • to eliminate interference caused by its operations. Conclusion. For reasons set forth above, we deny Spokane TV's petition to deny the subject applications to modify Avista's licenses for AMTS Stations WQKP817, WQKP819, and WQKP820, except with respect to the proposed Ritzville Office location. We conclude that, the additional conditions imposed herein, Avista has met its obligation under Sections 80.215(h)(3) and 80.475(a)(1) of the Rules with respect to the remaining locations. We emphasize that Avista remains obligated to cure any instances of actual interference to television reception. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 303(r), and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), 309(d), and Section 1.939 of the Commission's Rules, 47 C.F.R. §
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  • 22 FCC Rcd 8971, 8974-78 ¶¶ 4-10 (2007), on recon., Memorandum Opinion and Order, 25 FCC Rcd 533 (2010), Order on Reconsideration. 26 FCC Rcd 2491 (2011), application for review dismissed, Second Memorandum Opinion and Order, FCC 11-173 (rel. Nov. 29, 2011). 7SeeIWCS Report and Order,84 FCC 2d at 897 ¶ 80. 847 C.F.R. § 80.215(h). 9See47 C.F.R. §§ 80.215(h)(2), 80.475(a)(1). 10See47 C.F.R. § 80.215(h)(3). 1147 C.F.R. § 80.215(h)(4). The AMTS licensee also is expected to help resolve complaints of interference outside the Grade B contour. Id. 12SeeAmendment of the Commission's Rules Concerning Maritime Communications, Second Memorandum Opinion and Order and Fifth Report and Order,PR Docket No. 92-257, 17 FCC Rcd 6685, 6696 ¶ 24 (2002) (Fifth Report and Order), erratum,
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  • Technology waived the January 1, 2013 narrowbanding deadline for 470-512 MHz band frequencies. See Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended; Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies, Order, WT Docket No. 99-87, RM-9332, DA 12-642 (WTB/PSHSB/OET rel. Apr. 26, 2012). Request at 2. See 47 C.F.R. §§ 80.215(h), 80.385(b), 80.475(a). FCC File Nos. 0004076538, 0004076539, 0004076544. See Avista Corp., Order, 27 FCC Rcd 263 (WTB MD 2012), recon. pending. See Supplement at 1. Request at 9. 47 C.F.R. § 1.925(b)(3)(i). 47 C.F.R. § 1.925(b)(3)(ii). Wireless Telecommunications Bureau, Public Safety and Homeland Security Bureau, and Office of Engineering and Technology Provide Reminder of January 1, 2013 Deadline for Transition to Narrowband
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Report No. 2615 July 01, 2003 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REFERENCE INFORMATION CENTER ------------------------------------------------------------------------ ------------------------------------------------------------------------ ------------------- RM NO. RULES SEC. PETITIONER DATE RECEIVED NATURE OF PETITION ------------------------------------------------------------------------ ------------------------------------------------------------------------ ------------------- 10743 80.123 and Maritel, Inc. and 05/16/03 Request Amendment of the Commission's 80.475 Mobex Network Rules to Promote the Use of VHF Public Services, LLC Coast Station Frequencies. (Filed By: Russell H. Fox, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 701 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2608) (Filed By:Dennis C. Brown, 126/B North Bedford Street Arlington, VA 22201) Filed By: Robert M. Gurss, Shook Hardy & Bacon LLP 600 14th Street, N.W.
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  • Stations, Report and Order, 5 FCC 2d 767, 769 ¶ 10 (1966). Implementation of Sections 3(n) and 332 of the Communications Act - Regulatory Treatment of Mobile Services, Third Report and Order, GN Docket No. 93-252, 9 FCC Rcd 7988, 8092 ¶ 216 (1994). Id. Id. at 8092 ¶ 217. See 47 C.F.R. § 475(a). See 47 C.F.R. §§ 80.215(h), 80.475(a)(2); AMTS First Report and Order, 6 FCC Rcd at 437 ¶ 5. This, of course, is in addition to AMTS licensees' general obligation not to cause harmful interference. See 47 C.F.R. §§ 1.934(e)(2), 80.92. 47 U.S.C. § 160(b). Id. See Fred Daniel d/b/a/Orion Telecom, Memorandum Opinion and Order, 14 FCC Rcd 19912, 19918-919 ¶ 12 (1999). Part 24 of the
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  • application is filed. AMTS applicants must give broadcasters ``written notice of the filing of such applications,'' not notice of the intent to file an application. Therefore, a notification that unreasonably precedes the filing of the application does not satisfy the requirement, one reason for which is to facilitate comment by broadcasters on filed applications. That the notification required by Section 80.475(a)(2) must be made on or near the date the application is filed does not preclude earlier, additional notification. Indeed, we encourage such conduct. Early notification enables AMTS applicants and broadcasters to resolve technical disputes before the application is filed, without Commission involvement. This furthers another purpose of the notification requirement: to encourage coordination and reduce potential interference problems. KM also
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  • Under that transition timetable proposed under this report, the 1385-1390 MHz and 1432-1435 MHz bands were scheduled for reallocation in January 1999. Id. at iv. The 216-220 MHz band was scheduled for reallocation in January 2002. Id. Prior to transfer from the Government, non-Government operations were operating in the 216-220 MHz and the 1427-1435 MHz bands. See 47 C.F.R. §§ 80.475, 90.248, 90.259, 95.801, 95.1001 and 95.1101. Prior to the release of the Reallocation Report and Order, Section 90.259 of our Rules permitted telemetry operations throughout the entire 216-220 MHz band and in the 1427-1435 MHz band. See 47 C.F.R. § 90.259 (2000). We note that in the Reallocation Report and Order, telemetry is limited to the 216-220 MHz band (secondary),
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  • for authority to construct and operate Automated Maritime Telecommunications System (AMTS) stations along a segment of the Arkansas River, known as the Arkansas Headwaters. For the reasons discussed below, Havens's application for review is denied. II. BACKGROUND AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. Under Section 80.475(a) of the Commission's Rules, AMTS applicants who propose to serve a navigable inland waterway that is less than 150 miles in length must serve that waterway in its entirety. On the other hand, AMTS applicants who propose to serve a navigable inland waterway that is more than 150 miles in length must provide continuity of service for at least 60
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  • 2002, Havens filed a petition for declaratory ruling that was placed into the record of this proceeding. For the reasons that follow, the application for review is denied and the petition for declaratory ruling is dismissed. background AMTS stations provide automated, integrated, interconnected ship-to-shore communications similar to a cellular phone system for tugs, barges, and other maritime vessels. Under Section 80.475(a) of the Commission's Rules, AMTS applicants who propose to serve a navigable inland waterway that is less than 150 miles in length must serve that waterway in its entirety. On the other hand, AMTS applicants who propose to serve a navigable inland waterway that is more than 150 miles in length must provide continuity of service along at least 60
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  • 7757, 7757 ¶ 5 (1995); TV Active, LLC, et al., Order on Reconsideration, 16 FCC Rcd 18938, 18942 ¶ 9 (WTB PSPWD 2001). Application for Review at 3-7. Specifically, Havens argues that the Bureau erred when it accepted for filing Mobex's channel block B applications which he contends did not comply with the AMTS service coverage requirement, 47 C.F.R. § 80.475(a), and television protection requirement, 47 C.F.R. § 80.215(h), and were mutually exclusive and late filed with respect to two pending Havens applications. Application for Review at 3-5. Havens further argues that the mere acceptance for filing of the channel block B applications violated the Commission's general policy against assigning both channel block A and channel block B to the same
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  • that the informal request was submitted on June 6, 2001. See Application for Review at 4-5. The application for review fails to explain the discrepancy between the date our records indicate the informal request was submitted and the date alleged by Havens. 47 C.F.R. § 1.106(b)(1) (2001). Application for Review at 3-4. Application for Review at 7. 47 C.F.R. § 80.475 (2001). Application for Review at 5. Commission sign-out records indicate that at the commencement of the thirty-day period for filing a petition to deny the renewal application of Call Sign WRV374, Havens had at his disposal the information (applications, attachments, licenses, activation letters, waivers, etc.) regarding Call Sign WRV374 that would eventually be used to support his non-engineering study arguments,
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  • (105 miles) of a Channel 13 television station, (2) within 105 kilometers (80 miles) of a Channel 10 television station, or (3) with an antenna height greater than 61 meters (200 feet), to give written notice of the application to the television stations that may be affected. In the Third Further Notice, the Commission declined to propose to amend Section 80.475(a)(2) to require that notification be made on or near the date the application is filed, on the grounds that this already is required. The Commission also tentatively concluded that it is unnecessary to require that every AMTS applicant for a station meeting the broadcaster notification criteria provide a copy of the entire application to every potentially affected broadcaster because it
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1_Erratum.doc
  • (105 miles) of a Channel 13 television station, (2) within 105 kilometers (80 miles) of a Channel 10 television station, or (3) with an antenna height greater than 61 meters (200 feet), to give written notice of the application to the television stations that may be affected. In the Third Further Notice, the Commission declined to propose to amend Section 80.475(a)(2) to require that notification be made on or near the date the application is filed, on the grounds that this already is required. The Commission also tentatively concluded that it is unnecessary to require that every AMTS applicant for a station meeting the broadcaster notification criteria provide a copy of the entire application to every potentially affected broadcaster because it
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  • a 9 dB correction for antenna height differential. The 18 dB protection to the site-based licensee's predicted 38 dBu signal level contour shall be calculated using the F(50, 10) field strength chart for Channels 7-13 in § 73.699 (Fig. 10a) of this chapter, with a 9 dB correction factor for antenna height differential. * * * * * 3. Section 80.475(a) is amended by adding subparagraphs (1) and (2) to read as follows: § 80.475 Scope of service of the Automated Maritime Telecommunications System (AMTS). (a) * * * (1) Applicants proposing to locate a coast station transmitter within 169 kilometers (105 miles) of a channel 13 TV station or within 129 kilometers (80 miles) of a channel 10 TV station
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  • stations may provide either commercial service or private correspondence service to maritime units, but may provide only commercial service to units on land. Section 80.123 of the Commission's Rules, which permits VPC and AMTS licensees to serve fixed and mobile units on land on a subsidiary basis, specifically authorizes only ``public correspondence service to stations on land.'' In addition, Section 80.475(c) of the Commission's Rules, which allows AMTS licensees to provide private mobile communications, by its terms limits the permissible communications to ``the operational requirements of ships including transmissions of fuel, weather, position and supply reports.'' We note, as an initial matter, that the prohibition against public coast stations providing private mobile radio service to land units appears to result from
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  • permittees moving to channels 10 and 13 as part of the DTV transition's channel election process. Paging Systems, Inc., (``PSI'') and Florida West Coast Public Broadcasting (``Florida West''), licensee of NCE station WEDU in Tampa, FL (``WEDU''), filed reply comments and MSTV filed an ex parte on this issue. We agree with MC/LM and PSI, both AMTS licensees, that Section 80.475(a) of the rules governs how AMTS licensees must protect TV broadcast stations. As acknowledged by both MC/LM and PSI, AMTS applicants must protect broadcast television stations with existing authorizations to operate on TV channels 10 and 13, whether the broadcast television station is providing analog or digital service. Based on the new post-transition DTV Table, it appears that very few
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  • currently are permitted under Part 80 to provide either public or private correspondence service to maritime vessels, but only public correspondence service to units on land. Section 80.123 of the Commission's Rules allows VPC and AMTS licensees to serve fixed and mobile units on land on a subsidiary basis, but authorizes only ``public correspondence service to stations on land.'' Section 80.475(c) of the Commission's Rules, which allows AMTS licensees to provide private radio services, by its terms limits the permissible communications to ``the operational requirements of ships including transmissions of fuel, weather, position and supply reports.'' MariTEL, Inc. (MariTEL), a VPC station licensee, and Mobex Network Services, LLC (Mobex), an AMTS station licensee, filed petitions for rulemaking on May 16, 2003,
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  • alternative, for relief pursuant to Sections 1.2 or 1.41 of the Commission's Rules, which sought reconsideration of a February 22, 2005 action by the Bureau's Public Safety and Critical Infrastructure Division (``PSCID''). For the reasons discussed below, we deny the application for review. background Havens filed the above-captioned Automated Maritime Telecommunications System (AMTS) applications in February 2000. Under former Section 80.475(a) of the Commission's Rules as then in effect, AMTS applicants were required to serve a navigable inland waterway less than 150 miles in length in its entirety, and applicants proposing to serve such a waterway more than 150 miles in length were required to provide continuity of service along at least sixty percent of the waterway. The Bureau's Public Safety
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  • document referred to by Havens as the ``Eckert Report,'' but did not locate any other responsive documents, except for material routinely available on the Commission's website or at the Commission. WTB charged search fees of $431.52. By FOIA Request 2007-178, Havens, on behalf of Skybridge, Intelligent Transportation, and AMTS Consortium, sought information concerning a 2002 amendment of 47 C.F.R. § 80.475(a), which relates to AMTS authorizations. WTB also responded to this FOIA request by a separate letter on April 3, 2007. WTB did not locate any responsive documents, except for material routinely available to the public on the Commission's website or at the Commission's public reference rooms. WTB charged search fees of $287.68 for purposes of the last request. B. Application
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  • for reconsideration of the Commission's Memorandum Opinion and Order in this proceeding, filed by Warren C. Havens (``Havens'') and related parties. For the reasons discussed below, we dismiss the petition for reconsideration. Background. The above-captioned Automated Maritime Telecommunications System (AMTS) applications filed by Havens were dismissed in 2000 and 2001 because they did not meet the coverage requirements in Section 80.475(a) of the Commission's Rules, as then in effect. Havens filed petitions for reconsideration that were denied in 2001, a petition for further reconsideration that was denied in 2001, applications for review that were denied in 2002, and appeals to the United States Court of Appeals for the District of Columbia Circuit that remain pending. After the Commission adopted geographic licensing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-2A1_Rcd.pdf
  • us a petition for reconsideration of the Commission's Memorandum Opinion and Orderin this proceeding,1filed by Warren C. Havens ("Havens") and related parties.2For the reasons discussed below, we dismiss the petition for reconsideration.3 2. Background.4The above-captioned Automated Maritime Telecommunications System (AMTS) applications filed by Havens were dismissed in 2000 and 2001 because they did not meet the coverage requirements in Section 80.475(a) of the Commission's Rules, as then in effect.5Havens filed 1Warren C. Havens, Memorandum Opinion and Order, 23 FCC Rcd 3210 (2008) ("Memorandum Opinion and Order"). 2Petition for Reconsideration of the Memorandum Opinion and Order Based on NewFacts (filed Mar. 28, 2008) ("Petition"). (On April 2, 2008, Havens filed an Erratum to the Petition tocorrect typographical errors and delete unintended text.
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  • demonstrating that the licenses for the Pacific Coast and Chicago stations automatically terminated for permanent discontinuance of operation, concluding that the proffered evidence should not be considered because it could have been presented earlier in the proceeding, rather than after an adverse decision. It also rejected the argument that the licenses failed to meet the coverage requirement in former Section 80.475(a) of the Commission's Rules, and therefore should be deemed not to have been constructed as required. The Division declined to address MC/LM's character qualifications to be a Commission licensee, noting that PSCID had rejected those arguments when it denied a petition to deny MC/LM's Auction No. 61 application. The Division also rejected the argument that PSCID staff was biased, concluding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-39A1_Rcd.pdf
  • or evidence demonstrating that the licenses for the Pacific Coast and Chicago stations automatically terminated for permanent discontinuance of operation, concluding that the proffered evidence should not be considered because it could have been presented earlier in the proceeding, rather than after an adverse decision.20Italso rejected the argument that the licenses failed to meet the coverage requirement in former Section 80.475(a) of the Commission's (...continued from previous page) constructed. Moreover, PSCID concluded that the alleged defects would not constitute sufficient reason for denying the renewal applications. See id.at 24942 ¶ 6. Havens also petitioned to deny Mobex's application to renew its license for its Erie Canal AMTS stations, Call Sign KCE240, see File No. 0001600664 (filed Jan. 30, 2004). The Renewal
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  • in the Fifth Report and Order. See id. at 332 ¶ 8. See Second Order on Further Reconsideration, 24 FCC Rcd at 4152 ¶ 6. Petitioners based their argument on the Division's response to a Freedom of Information Act (FOIA) request for records pertaining to the process for determining whether site-based AMTS applications satisfied the coverage requirements in former Section 80.475(a) of the Commission's Rules, 47 C.F.R. § 80.475(a). The response identified only a study regarding interference from AMTS systems to television reception, and certain comments in the rulemaking proceeding. The Division rejected Petitioners' inference that the Bureau had no means of determining mutual exclusivity, noting that the FOIA request pertained to coverage requirements rather than mutual exclusivity, and that in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-68A1_Rcd.pdf
  • earlier, in the Fifth Report and Order. See id. at332 ¶ 8. 14See Second Order on Further Reconsideration, 24 FCC Rcd at 4152 ¶ 6. Petitioners based their argument on the Division's response to a Freedom of Information Act (FOIA) request for records pertaining to the process for determining whether site-based AMTS applications satisfied the coverage requirements in former Section 80.475(a) of the Commission's Rules, 47 C.F.R. § 80.475(a). The response identified only a study regarding interference from AMTS systems to television reception, and certain comments in the rulemaking proceeding. The Division rejected Petitioners' inference that the Bureau had no means of determining mutual exclusivity, noting that the FOIA request pertained to coverage requirements rather than mutual exclusivity, and that in
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  • on land. Any imbalance that Havens perceives with respect to their construction and coverage requirements is irrelevant to the issue of whether to treat site-based and geographic AMTS licensees consistently in terms of their operational requirements. NUSCO Petition. In 2005, the Wireless Telecommunications Bureau's Public Safety and Critical Infrastructure Division granted NUSCO a waiver of Sections 20.9, 80.5, 80.123, and 80.475 of the Commission's Rules to permit it to use AMTS spectrum for PLMR operations in support of its utility services, conditioned on the outcome of this proceeding. NUSCO now seeks clarification that the Report and Order did not affect its operating privileges under this waiver. In the alternative, NUSCO seeks reconsideration of the Report and Order to the extent necessary
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-6A1_Rcd.pdf
  • FCC Rcd 15225 (2005). 9Petitions were filed by MariTEL, Inc., a VPC licensee, on May 16, 2003, and Mobex Network Services, LLC, an AMTS licensee, on June 13, 2003, respectively. 10See id. at 15228-29 ¶¶ 7-9. 11See id. at 15230 ¶ 10. 12See Report and Order, 22 FCC Rcd at 8976-78 ¶¶ 8-10. See also 47 C.F.R. §§ 20.9, 80.123, 80.475(c). 13See Report and Order, 22 FCC Rcdat 8978 ¶ 11. See also 47 C.F.R. §§ 80.5, 80.475(d). 534 Federal Communications Commission FCC 10-6 allocated frequencies for maritime public correspondence had decreased, partly due to mariners' increased access to cellular, PCS, and satellite services, while demand for PLMR services, including public safety and traditional dispatch services, had increased.14Itfurther noted that many
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  • to comment on this proposed sanction before it takes effect. II. BACKGROUND This proceeding began more than a decade ago when Havens filed the above-captioned Automated Maritime Telecommunications System (AMTS) license applications to provide service in Colorado (Arkansas River) and Texas. The staff dismissed those applications in 2000 and 2001 because they did not meet the coverage requirements in Section 80.475(a) of the Commission's rules, as then in effect. Havens filed petitions for reconsideration that the staff denied in 2001, a petition for further reconsideration regarding the Colorado applications that the staff denied in 2001, applications for review that the Commission denied in 2002, and appeals to the United States Court of Appeals for the District of Columbia Circuit that the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-116A1_Rcd.pdf
  • Provide Automated Maritime Telecommunications System Stations at Various Locations in Texas, and Applications to Provide Automated Maritime Telecommunications System Stations at Chaffee, Aspen, Colorado Springs, Copper Mountain, and Leadville, Colorado, Memorandum Opinion and Order, 23 FCC Rcd 3210, 3210-12 ¶¶ 2-5 (2008) ("2008 MO&O"), (continued....) 10888 Federal Communications Commission FCC 11-116 they did not meet the coverage requirements in Section 80.475(a) of the Commission's rules, as then in effect.3Havens filed petitions for reconsideration that the staff denied in 2001,4a petition for further reconsideration regarding the Colorado applications that the staff denied in 2001,5applications for review that the Commission denied in 2002,6and appeals to the United States Court of Appeals for the District of Columbia Circuit that the Court administratively terminated in
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  • the narrow focus of the sanction we impose today. II. BACKGROUND We summarize here the long history of this proceeding, which is set forth in detail in the Third Order on Reconsideration. In 2000 and 2001, the staff dismissed the above-captioned Automated Maritime Telecommunications System (AMTS) license applications from Havens because they did not meet the coverage requirements in Section 80.475(a) of the Commission's rules, as then in effect. Havens filed multiple petitions for reconsideration and an application for review of the dismissal orders, which were all denied by the staff and the Commission. Havens then appealed to the United States Court of Appeals for the District of Columbia Circuit, which administratively terminated his suit in 2007. After the Commission adopted
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  • reception, and in 1996 we designated this band for low power communications. See par. 120 infra. Further, the 218-219 MHz band was reallocated to the Interactive Video and Data Service (IVDS) in 1992. Thus, the C and D Groups are no longer assignable to AMTS coast stations. 47 C.F.R. § 80.385. 243 47 C.F.R. § 95.629. 244 47 C.F.R. § 80.475(a). 245 47 C.F.R. § 80.475(a)(1). 246 47 C.F.R. § 80.475(a)(2). 247 47 C.F.R. § 80.215(h). 248 59 available for assignment to AMTS stations. The assignable frequencies are divided into two 242 frequency groups -- Group A and Group B -- each with twenty channel pairs. AMTS stations 243 are also licensed by rule to use the 216.750-217 MHz band for
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  • transition timetable proposed under this report, the 1385-1390 MHz and 1432- 1435 MHz bands were scheduled for reallocation in January 1999. Id. at iv. The 216-220 MHz band was scheduled for reallocation in January 2002. Id. 3 Prior to transfer from the Government, non-Government operations were operating in the 216-220 MHz and the 1427-1435 MHz bands. See 47 C.F.R. §§ 80.475, 90.248, 90.259, 95.801, 95.1001 and 95.1101. Federal Communications Commission FCC 02-15 4 · whether secondary telemetry in the 217-220 MHz and 1427-1429.5 MHz bands should be licensed on a site-by-site basis; · whether primary telemetry in the 1429.5-1432 MHz band should be licensed on a site-by-site basis; · whether to add technical specifications to Part 90 of our Rules for
• http://wireless.fcc.gov/auctions/57/resources/S_Stone.pdf
  • stations providing inte An AMTS is a specialized system of coast stations providing integrated and grated and interconnected marine voice and data communications, somewhat li interconnected marine voice and data communications, somewhat like a ke a cellular phone system, for tugs, barges, and other vessels on wa cellular phone system, for tugs, barges, and other vessels on waterways. terways. Section 80.475(c): Private coast service may be provided in lie Section 80.475(c): Private coast service may be provided in lieu of public u of public coast service. coast service. Section 80.123: Public correspondence service to units on land Section 80.123: Public correspondence service to units on land is also is also permitted, provided that permitted, provided that --marine marine--originating communications receive priority
• http://wireless.fcc.gov/auctions/61/comments/HavTvlAclThlfiled.pdf
  • is actually using, and in regards to the latter, this data is not on ULS except for a few stations where this can be calculated or estimated where a gain antenna is given (the power out of the transmitter is always given, but whether the antenna system produces any gain or not cannot be determined in most cases). Further, rule 80.475(a), in the form that was in effect when all incumbent A block stations were issued, and when their construction deadlines passed, and when the AMTS licensing freeze was implementeds, required that certain named details of the proposed stations be provided from which the ERP and any particular contour (such as a 20 dBu contour) could be determined. Section 80.49 required
• http://wireless.fcc.gov/auctions/61/resources/03_JTobias_JShaffer.pdf
  • stations providing inte An AMTS is a specialized system of coast stations providing integrated and grated and interconnected marine voice and data communications, somewhat li interconnected marine voice and data communications, somewhat like a ke a cellular phone system, for tugs, barges, and other vessels on wa cellular phone system, for tugs, barges, and other vessels on waterways. terways. Section 80.475(c): Private coast service may be provided in lie Section 80.475(c): Private coast service may be provided in lieu of public u of public coast service. coast service. Section 80.123: Public correspondence service to units on land Section 80.123: Public correspondence service to units on land is also is also permitted, provided that permitted, provided that --marine marine--originating communications receive priority
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00300.doc
  • Stations, Report and Order, 5 FCC 2d 767, 769 ¶ 10 (1966). Implementation of Sections 3(n) and 332 of the Communications Act - Regulatory Treatment of Mobile Services, Third Report and Order, GN Docket No. 93-252, 9 FCC Rcd 7988, 8092 ¶ 216 (1994). Id. Id. at 8092 ¶ 217. See 47 C.F.R. § 475(a). See 47 C.F.R. §§ 80.215(h), 80.475(a)(2); AMTS First Report and Order, 6 FCC Rcd at 437 ¶ 5. This, of course, is in addition to AMTS licensees' general obligation not to cause harmful interference. See 47 C.F.R. §§ 1.934(e)(2), 80.92. 47 U.S.C. § 160(b). Id. See Fred Daniel d/b/a/Orion Telecom, Memorandum Opinion and Order, 14 FCC Rcd 19912, 19918-919 ¶ 12 (1999). Part 24 of the