FCC Web Documents citing 90.173

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

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  • 1969) (WAIT Radio), aff'd, 459 F.2d 1203 (1973), cert. denied, 409 U.S. 1027 (1972) (citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968)); Birach Broad. Corp., Memorandum Opinion and Order, 18 FCC Rcd 1414, 1415 (2003). See Land Mobile Second Report and Order, 46 F.C.C. 2d at 770 � 71. See 47 C.F.R. � 90.173(i); Land Mobile Second Report and Order, 46 F.C.C. 2d at 769 � 61. 47 C.F.R. � 90.613; Land Mobile Second Report and Order, 46 F.C.C. 2d at 769 � 61. 47 C.F.R. � 90.247(a). See 47 C.F.R. � 90.173(i). See Dec. 14, 2006 Waiver Request Amendment. Waiver Request at 1-2. Id. at 2. Id. Id. at 1. See frequency search
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  • to Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004). See 47 C.F.R. �� 1.9001(b). See 47 C.F.R. �� 1.9030(e) and 1.9035(e). See Paul McCarty Letter at 1. See NAL Response at 1. See 47 C.F.R. �� 90.173 and 1.9001(b). See 47 C.F.R. �� 90.173, 1.9001(b), 1.9030(e) and 1.9035(e). See NAL, 21 FCC Rcd at 13414-15, � 11. See also The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 17106-07 (1997), recon. denied, 15 FCC Rcd 303 (1999). See NAL, 21 FCC Rcd at 13413-14,
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  • deny the grant of El Segundo's license modification request.'' Specifically, APCO determined that the proposed repeaters at Location 1 and Location 3 ``would adversely affect'' Station KDL483, licensed to South Bay, and Station KUY444, licensed to City of Manhattan Beach. On May 14, 2007, El Segundo filed a letter in reply, urging the Commission to grant the application. Citing Section 90.173(a), El Segundo states that its modification application should be granted, because frequencies in the 470-512 MHz band are generally available on a shared basis. El Segundo also states that ``the type of analysis APCO performed is not appropriate in this case.'' El Segundo argues that a contour-based study is appropriate only ``when a licensee has been authorized for exclusive use
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  • information about ULS is available by calling 1-888-225-5322. Although governmental entities are exempt from paying applications fees, some non-governmental entities may be required to pay fees or partial fees. For further information concerning application fees, see the Wireless Telecommunications Bureau Fee Filing Guide, available at http://www.fcc.gov/fees/appfees.html. See 47 C.F.R. � 90.1209(d). See 47 C.F.R. � 90.1209(b). See 47 C.F.R. � 90.173(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � `�� � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • Radio Communications, File Nos. 0002438737-39, 0002438741-42, 0002438744, 0002438746, 0002438749, 0002438759, 0002633764, 0002633769, 0002635143, Order, 22 FCC Rcd. 579, 583 � 7 (2007) (``these actions have furthered the public interest by increasing . . . the effectiveness of the applicants' public safety and homeland security communications systems''); Applications of State of Alaska, Request for Waiver of Sections 2.102(c), 2.103(a) 90.20, and 90.173(c) of the Commission's Rules, File Nos. 0001036496, 0001036497, 0001039631, Memorandum Opinion and Order, 18 FCC Rcd. 16315, 16327 � 19 (2003)(`` We further find that Alaska has demonstrated that the improved efficiencies in public safety communications associated with the proposed system will allow Alaska to perform its critical public safety responsibilities, such as protection of life and property, more effectively
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  • 8. Id. In addition to the fourteen 12.5 kHz channel pairs specified, the same criteria apply to the channels 6.25 kHz immediately above and below these channels. A list of the specific channels that LMCC proposes to designate for each group is set forth in Appendix A. See also Consensus Plan at Appendix A. , supra. See 47 C.F.R. �� 90.173(i), 90.20, and 90.35. Refarming Second R&O, 12 FCC Rcd at 14,343 � 67. Id. , supra. , supra. Pub. L. No. 96-354, 94 Stat. 1165, 5 U.S.C. �� 601-612 (1980). Where available, the channels 6.25 kHz directly above and below these channels are also designated for low power use. . Where available, the channels 6.25 kHz directly above and below
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  • the following categories of activities: medical services, rescue organizations veterinarians, handicapped persons, disaster relief organizations, school buses, beach patrols, establishments in isolated places, communications standby facilities, and emergency repair of public communication facilities. 47 C.F.R. � 90.20(a)(2). Non-governmental entities are eligible for non-SERS Public Safety Pool frequencies provided they obtain concurrence from an eligible governmental entity. Id. 47 C.F.R. � 90.173(a). We note that exclusivity can be obtained in the 470-512 MHz band. See 47 C.F.R. � 90.313. 47 C.F.R. �� 90.625, 90.629, 90.633. For example, the public safety community makes intensive use of frequencies in the 150-174 MHz (upper VHF) band, which has resulted in these frequencies being extremely congested and has impeded efforts to identify and recommend new public
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  • * 31. Section 90.353 is amended by revising paragraphs (e) and (f) to read as follows: � 90.353 LMS operations in the 902-928 MHz band. (e) Multilateration EA-licensed systems and grandfathered automatic vehicle monitoring service (AVM) systems (see � 90.363) are authorized on a shared basis and must cooperate in the selection and use of frequencies in accordance with � 90.173(b). (f) Multilateration EA licensees may be authorized to operate on both the 919.75-921.75 MHz and 921.75-927.25 MHz bands within a given EA (see � 90.210(b)(5)). * * * * * 32. Section 90.357 is revised to read as follows: � 90.357 Frequencies for LMS systems in the 902-928 MHz band. (a) Multilateration LMS systems will be authorized in the following
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  • Red 23816 (1998). 17 CLC Further Petition at 1-2. 18 See Cox Communications, 14 FCC Red at 17655-56 ^ 6 citing 47 C.F.R. � 1.45(b). 19 47 C.F.R. � 1.45(b). 20 Cox Communications, 14 FCC Red at 17655-56 H 6. 21 CLC Further Petition at 2. 22 Report and Order, 6 FCC Red at 7306 If 51. 23 47 C.F.R. �90.173(k). 23660 Federal Communications Commission DA 00-1070 any target licensee.24 The evidence presented by CLC that Cox's station was never operated in accordance with Section 90.633 was adequately rebutted by Cox in its opposition. 7. The recovery of the targeted frequencies "must result from" information provided to the Commission by the finder.25 We believe that information leading to the unsolicited admission
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  • Docket No. 90-481, 8 FCC Rcd 6690 (1993). Pursuant to this program, an entity that submitted evidence that an existing license had cancelled automatically for failure to construct, place in operation, or continue to operate the station in compliance with the Commission's Rules was entitled to preference for use of the licensed frequencies in the assigned area. 47 C.F.R. � 90.173(k) (1997). In 1998, Part 90 of the Commission's Rules was amended to eliminate the finder's preference program. See Amendment of Part 90 Concerning the Commission's Finder's Preference Rules, Report and Order, WT Docket No. 96-199, 13 FCC Rcd 23816 (1998). Letter From Don J. Honzay, McIntosh Communications, Inc. to FCC dated May 20, 1997. See Letter from David Le Blanc
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  • that the Commission will grant a license for the operation on that frequency. Here, the frequency coordinator used by Midwest Bell incorrectly recommended frequencies that had already been authorized to MariTEL as a result of the VPC auction. Moreover Midwest Bell's argument that our Part 90 rules authorize the assignment of the subject frequencies to Midwest Bell is incorrect. Section 90.173(j) of the Commission's Rules provides, in relevant part, that frequencies in the 150-174 MHz band may be assigned for PLMR use provided that (1) the applications are accompanied by a showing of frequency coordination, (2) the frequencies are not available in any other rule part, and (3) the authorized bandwidth does not overlap spectrum available in other rule parts unless
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  • November 27, 1996). See Amendment of Parts 1 and 90 of the Commission's Rules Concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Report and Order, 6 FCC Rcd 7297, 7302-7303 (1991); see also Amendment of Parts 1 and 90 of the Commission's Rules, Memorandum Opinion and Order, 8 FCC Rcd 6690 (1993). Former 47 C.F.R. � 90.173(k). In 1998, Part 90 of the Commission's Rules was amended to eliminate the finder's preference program. See Amendment of Part 90 Concerning the Commission's Finder's Preference Rules, Report and Order, 13 FCC Rcd 23816 (1998). Repeater Communications Finder's Preference Request (filed on August 24, 1994). Id. at 2-3. Id. Id. at Exhibit A-B. Letter from Anne Marie Wypijewski, Wireless Telecommunications
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  • H.R. Conf. Rep. No. 217, 105th Cong., 1st Sess. at 572 (1997). We disagree, however, with CSAA's suggestion that the Balanced Budget Act requires a reinterpretation of our PLMR frequency coordination procedures. See Landlinx Communications, Order on Reconsideration, DA 99-3038, at � 5 (WTB PSPWD rel. Jan. 3, 2000), recon. pending (filed Jan. 24, 2000) (Landlinx). See 47 C.F.R. � 90.173. See American President Lines, Memorandum Opinion and Order, DA 00-933, � 9 (WTB PSPWD rel. Apr. 28, 2000) (American President); Douglas R. Thompson d/b/a Cara Enterprises, Memorandum Opinion and Order, 15 FCC Rcd. 2816, 2818-19 � 9 (WTB PSPWD 2000); Landlinx, � 4. See 47 C.F.R. � 90.173(b). 47 C.F.R. � 90.35(e). 47 C.F.R. � 90.187(e). This rule was enacted
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  • late filed petition for reconsideration and was subject to dismissal). See n. 9, supra. But see n. 14, supra. Finder's Preference Report and Order at 7305 � 49. Sections 90.155, 90.157, 90.629, 90.631 (e) or (f), and 90.633 (c) or (d) were the only sections the violation of which constituted a basis for a finder's preference request. 47 C.F.R. � 90.173(k). See also Finder's Report and Order at 7305, � 49. Finder's Report and Order at 7308, � 68. Petition at 2-4, �� 3-6. See 47 C.F.R. 90.173(k)(1994). 47 C.F.R. 90.173(k)(3)(1994). Federal Communications Commission DA 00-1943 Federal Communications Commission DA 00-1943 '' � � � @& � 5 N � 5
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  • for review and petition for reconsideration. The Division hereby cancels the 5 SMR licenses listed below and awards finder's preferences to the respective finders in each case listed. The Division has further reviewed the proposed settlements and hereby approves the withdrawal of the applications for review and the petition for reconsideration in accordance with sections 0.331, 1.106, 1.115, 1.935, and 90.173(k)(1994) of the Commission's rules1 and the Bureau's Public Notice waiving limitations on settlement agreements among parties in contested licensing cases.2 Petitioner Target Licensee Case No. / Call Sign Action Leflore Com Inc. Doris Shaw 96F120 / WPFA415 Application For Review Withdrawn Leflore Com Inc. Barbara Taylor 96F121 / WPEP579 Application For Review Withdrawn Comm Assoc. Samuel Z. Silver 95F829 /
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  • Telecommunications Bureau specifically informed the public that the enactment of the Balanced Budget Act would not change the effect of the rules consolidating the PLMR services. See Rules Adopted in the Refarming Second Report and Order (PR Docket No. 92-235) To Go Into Effect October 17, 1997, Public Notice, 13 FCC Rcd. 8040, 8040 (WTB 1997). See 47 C.F.R. � 90.173. See Cumulous Communications, Memorandum Opinion and Order, 15 FCC Rcd. 12840, 12841-42 � 5 (WTB PSPWD 2000) (Cumulous); American President Lines et al., Memorandum Opinion and Order, 15 FCC Rcd. 12473, 12476 � 9 (WTB PSPWD 2000) (American President); Douglas R. Thompson d/b/a Cara Enterprises et al., Memorandum Opinion and Order, 15 FCC Rcd. 2816, 2818-19 � 9 (WTB PSPWD
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  • Jersey Petition for Reconsideration against Vogel Bus Company, Inc. (filed Aug. 31, 1998). FCC File No. A022754 (filed July 11, 1998). CSAA Petition for Reconsideration against Martin M. Ron Associates, Inc. (filed Oct. 23, 1998). FCC File No. A020352 (filed July 15, 1998). CSAA Petition for Reconsideration against Medic Ambulance Service, Inc. (filed Oct. 23, 1998). See 47 C.F.R. � 90.173. See 47 C.F.R. �� 90.173(f), 90.173(i). Some respondent licensees challenge the petitioners' interference contour overlap studies, based on the way that they were computed. See, e.g., Vogel Bus Company, Inc. Response/Objection 3 (filed Sept. 17, 1998) (``Vogel Opposition''). Because we decide this issue on other grounds, we need not resolve these technical disputes. See Landlinx Communications, DA 99-3038 at �
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ` ` ` ` t � 4 Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of ) ) STATE OF WISCONSIN ) File No. D115274 ) For Mobile Radio Service Authorization ) And Request for Waiver of Section 90.173(c) ) of the Commission's Rules ) ORDER Adopted: February 23, 2000 Released: February 25, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION . On October 9, 1998, the State of Wisconsin (Wisconsin) filed an application for mobile radio service authorization and request for waiver of Section 90.173(c) of the Commission's Rules to permit
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  • the respective periods of December, 1995, through September, 1996, and November, 1995, through January, 1997. Both co-channel licensees certified under penalty of perjury that they did not detect any transmissions on the subject channel. 6. We disagree with J&H's contention that this is not an ``exclusively assigned'' channel subject to a finder's preference proceeding. First, we note that former Section 90.173(k) of the Commission's Rules specifically included 470-512 MHz stations. Station WIL269 was authorized to operate in the 470-512 MHz shared band of the former Business Radio Service. Under the pertinent provisions of former Section 90.313(a)(2) of the Commission's Rules, the maximum channel loading on frequencies in the 470-512 MHz band in the former Business Radio Service was ninety (90) units.
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  • that an improper frequency coordination occurred and that the frequency should not have been authorized to Schroeder Manatee. FPL also states that discussions between Schroeder Manatee and FPL have taken place and Schroeder Manatee is willing to switch to another frequency, but no suitable frequency is available. On April 21, 1999, FPL filed its Petition for Reconsideration. 3. Discussion. Section 90.173 of the Commission's Rules states that private land mobile radio frequencies in the 450-470 MHz band are available on a shared basis and will not be assigned for the exclusive use of any licensee. There are no provisions in the Commission's Rules concerning mileage separation or loading criteria for frequencies below 470 MHz. Therefore, we do not believe that any
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  • Telecommunications Bureau specifically informed the public that the enactment of the Balanced Budget Act would not change the effect of the rules consolidating the PLMR services. See Rules Adopted in the Refarming Second Report and Order (PR Docket No. 92-235) To Go Into Effect October 17, 1997, Public Notice, 13 FCC Rcd. 8040, 8040 (WTB 1997). See 47 C.F.R. � 90.173. See 47 C.F.R. �� 90.173(f), 90.173(i). One licensee challenges its petitioner's interference contour overlap study, based on the way that it was computed. Dionex Corporation Opposition at 3, 4 (filed Sept. 8, 1999). Because we decide this issue on other grounds, we need not resolve this dispute regarding computation of contour studies. See Douglas R. Thompson d/b/a Cara Enterprises, DA
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  • Aviation Services 47 C.F.R. � 87.193 - Scope of Service Ray Hammons, Jr., Corporation, Wilmington, DE. San Francisco, CA District Office (3/19/01). 47 C.F.R. Part 90 -Private Land Mobile Radio Services 47 C.F.R. � 90.155 - Time in which Station Must Be Placed in Operation Klaus D. Kramer (KNJM968), Oklahoma City, OK. Dallas, TX District Office (3/12/01). 47 C.F.R. � 90.173 - Policies Governing the Assignment of Frequencies GP Solutions, Denver, Colorado. Other violations: 47 C.F.R. �� 90.233 (Base/Mobile Non-Voice Operations) and 90.403 (General Operating Requirements). Denver, CO District Office (3/15/01). 47 C.F.R. � 90.403 - General Operating Requirements Atlantic Wireless, Inc, WPMM-224, Rochelle Park, NJ. Other violation: 47 C.F.R. � 90.425 (Station Identification). New York, NY District Office (3/30/01). CITATIONS
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  • UHF 5 413.2125 (S) 413.2125 VHF 6 170.0125 (S) 170.0125 UHF 6 410.2375 (S) 410.2375 VHF 7 170.4125 (S) 170.4125 UHF 7 410.4375 (S) 410.4375 VHF 8 170.6875 (S) 170.6875 UHF 8 410.6375 (S) 410.6375 VHF 9 173.0375 (S) 173.0375 UHF 9 410.8375 (S) 410.8375 (S) - Simplex These frequencies are available for public safety use under Sections 2.102(c) and 90.173(c) of the Rules (see 47 C.F.R. �� 2.102(c) and 90.173(c)). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov � m � � � � � � � � � m � � � � � � � � �
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  • Order, FCC 01-214 (rel. Aug. 1, 2001) (upholding denial of untimely request for reinstatement of expired license); D/FW Communications Services, Inc., Request for Waiver and Application to Renew Trunked Business Station WPGW865, Dalls/Fort Worth, Texas, Order on Reconsideration, DA 01-1530 (rel. June 29, 2001) (upholding denial of a waiver request and dismissal of a late-filed renewal application). 47 C.F.R. � 90.173(n) (1999). (...continued from previous page) (continued....) Federal Communications Commission DA 01-1904 Federal Communications Commission DA 01-1904 � " � � F �0� �0� �0� �0� �0� �0� �0�
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  • a settlement with Chadmoore to resolve civil litigation between them. Peacock and Chadmoore have filed a copy of the settlement agreement and certifications along with the withdrawal request. The Division has reviewed the proposed settlement and certifications. The Division hereby approves the withdrawal of the petition for reconsideration and finder's preference request in accordance with sections 0.331, 1.106, 1.935, and 90.173(k)(1994) of the Commission's rules.1 Action by Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. For further information, contact Don Johnson of the Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau at (202) 418-7240. 1 47 C.F.R. �� 0.331,1.106, 1.115, 1.935, and 90.173(k)(1994). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News media information 202
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  • Order, Eighth Report and Order, and Second Further Notice of Proposed Rulemaking, PR Docket No. 93-144, 11 FCC Rcd 1463, 1634, � 416 (1995). Finder's Preference Report and Order, 6 FCC Rcd at 7305, � 49 (1991). Id. Id. Violations are limited to a licensee's failure to construct, place in operation, or continue operation as noted in 47 C.F.R. � 90.173(k) (1994). Id. � 59. Federal Communications Commission DA 01-2415 $ % �0� �0� �0� �0� �0� �0� �0� �`� �0� / � � � �
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  • WMCI(AM), Huntington, WV. $20,000 NAL. Other violations: 47 C.F.R. �� 73.1350 (Transmission System Operation), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (9/21/01). NOTICES OF VIOLATION Communications Act � 47 U.S.C. � 301 � Unauthorized Operation Stantec Consulting, Inc., Denver, CO. Other violations: 47 C.F.R. � 1.947 (Modification of License), 90.173 (Policies Governing the Assignment of Frequencies), 2 90.233 (Base/Mobile Non Voice Operations), and 90.403 (General Operating Requirements). Denver, CO District Office (9/17/01). Kanab Lions TV, Kanab, UT (Facility ID 33307). Other violation: 47 C.F.R. � 74.15 (Station License Period). Denver, CO District Office (9/18/01) Kanab Lions TV, Kanab, UT (Facility ID 33306). Other violation: 47 C.F.R. � 74.15 (Station License
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  • Order, Eighth Report and Order, and Second Further Notice of Proposed Rulemaking, PR Docket No. 93-144, 11 FCC Rcd 1463, 1634, � 416 (1995). Finder's Preference Report and Order, 6 FCC Rcd at 7305, � 49 (1991). Id. Id. Violations are limited to a licensee's failure to construct, place in operation, or continue operation as noted in 47 C.F.R. � 90.173(k) (1994). See In the Matter of James A. Kay, Jr., Finder's Preference Request for SMR Station WNJF770 Licensed to Stanley W. Harris d/b/a Western Communications Company, Order, DA 01-2415 (Comm. Wir. Div. rel. October 17, 2001). Finder's Preference Report and Order, 6 FCC Rcd at 7307, � 59 (1991). Federal Communications Commission DA 01-2708 � � � � � �
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  • CO District Office (10/23/01). AT&T Broadband & Internet Services, Delta, UT (Pbysical System #010573). Denver, CO District Office (10/30/01). 47 C.F.R. Part 80 � Stations in the Maritime Services � 47 C.F.R. � 80.89 � Unauthorized Transmissions Robert Moran, Honolulu, HI. Honolulu, HI Resident Agent Office (10/26/01). 47 C.F.R. Part 90 �Private Land Mobile Radio Services � 47 C.F.R. � 90.173 � Policies Governing Assignment of Frequencies The Lund Partnership, Inc., WPMZ742, Lakewood, CO. Other violations: 47 C.F.R. �� 90.233 (Base/mobile non-voice operations) and 90.403 (General Operating Requirements). Denver, CO District Office (10/9/01). 8 � 47 C.F.R. � 90.203 � Certification Required Municipality of Rio Grande (WNYP677), Rio Grande, PR. San Juan, PR Resident Agent Office (10/31/01). � 47 C.F.R. �
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  • #010042). Denver, CO District Office (10/23/01). AT&T Broadband & Internet Services, Delta, UT (Pbysical System #010573). Denver, CO District Office (10/30/01). 47 C.F.R. Part 80 - Stations in the Maritime Services 47 C.F.R. � 80.89 - Unauthorized Transmissions Robert Moran, Honolulu, HI. Honolulu, HI Resident Agent Office (10/26/01). 47 C.F.R. Part 90 -Private Land Mobile Radio Services 47 C.F.R. � 90.173 - Policies Governing Assignment of Frequencies The Lund Partnership, Inc., WPMZ742, Lakewood, CO. Other violations: 47 C.F.R. �� 90.233 (Base/mobile non-voice operations) and 90.403 (General Operating Requirements). Denver, CO District Office (10/9/01). 47 C.F.R. � 90.203 - Certification Required Municipality of Rio Grande (WNYP677), Rio Grande, PR. San Juan, PR Resident Agent Office (10/31/01). 47 C.F.R. � 90.242 - Traveler's
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  • 1. Emergency Request at 4-6. AirPaging alleged that during the week of May 28 to June 4, 2001, it began receiving a large number of complaints of missed pages. Upon investigating, AirPaging concluded that the interference began less than two weeks after Dave's received its licenses. Id. at 4. AirPaging argued that Gabriel's was violating Sections 90.403(c) and (e), and 90.173 (b) of the Commission's rules. Emergency Request at 7. AirPaging specifically alleged that Dave's was ineligible under Section 90.494(g) of the Commission rules. Emergency Request at 7. AirPaging specifically alleged that the applications violated Section 90.175(f) of the Commission's rules. Petition for Reconsideration at 2-4. Return of Applications to Pending Status, Public Notice, DA 01-1424 (June 13, 2001). The Branch
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  • protest an action. Additionally, ACSC states that it should not be punished for Metro's failure to: (1) give ACSC notice of the application, which ACSC contends was required by Section 90.187(b)(2) of the Commission's Rules; and (2) obtain a recommendation from the Automobile Association of America (AAA) (an FCC-certified frequency coordinator), which ACSC avers was required by Sections 90.35(b)(2)(ii) and 90.173(f) of the Commission's Rules. ACSC further contends that the public interest requires that we consider the merits of the Request, which asserts that Metro's license grant was defective and should be set aside. We need only address the Petition's first contention-that the Branch erred in dismissing the Request as untimely under Section 1.106 of the Rules-because we agree with ACSC
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  • Parties have requested that the finder's preference award be set aside. The Division also hereby approves the withdrawal of the petition for reconsideration, sets aside the finder's preference award, and sets aside the notice of cancellation for Call Sign WNLS526 without judging the merits or establishing any judicial precedent. It does so in accordance with sections 0.331, 1.106, 1.935, and 90.173(k)(1994) of the Commission's rules and Public Notice, DA 99-745. Action by Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. For further information, contact Don Johnson of the Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau at (202) 418-7240. Power Spectrum was a subsidiary of Geotek Communications, Inc. (Geotek), a former 900 MHz licensee, which has assigned its licenses
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  • U.S.C. �� 309 and 405. Therefore, the Division hereby sets aside the notice of cancellation and finder's preference award for Call Sign WNMY882, without judging the merits or establishing any judicial precedent. The Division also hereby approves the withdrawal of the finder's preference request, and it dismisses Cleveland's petition for reconsideration as moot in accordance with sections 0.331, 1.106, and 90.173(k)(1994) of the Commission's rules. Action by Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. For further information, contact Don Johnson of the Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau at (202) 418-7240. Power Spectrum was a subsidiary of Geotek Communications, Inc. (Geotek), a former 900 MHz licensee that has assigned its licenses and discontinued operations. 47 C.F.R.
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  • is one where at least one of the frequencies being trunked but not all the frequencies being trunked meet the criteria specified in 47 C.F.R. � 90.187(b). Under the Part 90 Rules trunked systems must meet certain monitoring requirements. The monitoring requirements, however, do not apply if certain conditions are met. See 47 C.F.R. � 90.187 (b) and (c). Section 90.173 of the Commission's Rules, 47 C.F.R. � 90.173, specifies that frequencies in the 450-470 MHz have a 5 MHz separation between base and mobile stations, in the 470-512 MHz band the separation is 3 MHz and for a select number of channels in the 150-170 MHz band the separation is 5.26 MHz. PUBLIC NOTICE Federal Communications Commission 445 12th St.,
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  • Suspension of Transmission MariTel Mississippi River, Inc., Gulfport, MS. New Orleans, LA District Office (4/12/02). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. � 87.187 - Frequencies Jon Freidemann, Hillsboro, OR. Portland, OR Resident Agent Office (4/2/02). Corporate Air, Honolulu, HI. Honolulu, HI Resident Agent Office (4/12/02). 47 C.F.R. Part 90 -Private Land Mobile Radio Services 47 C.F.R. � 90.173 - Policies Governing the Assignment of Frequencies M.A. Mortenson Company, WPSH289, Denver, CO. Other violations: 47 C.F.R. �� 90.233 (Base/Mobile Non-Voice Operations) and 90.403 (General Operating Requirements). Denver, CO District Office (4/5/02). 47 C.F.R. � 90.403 - General Operating Requirements Willbros Engineers, Inc., Tulsa, OK. Tampa, FL District Office (4/3/02). Tri Com Sales, WNSA666, New Windsor, NY. New York, NY
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  • 1. Id at 2. Petition at 1-2, 5-6. Id at 5, Exhibits 1-6. Id at 7-9. RF Data Opposition at 1-2. Id at 1-2, Attachments A-C. 47 C.F.R. � 90.187(b)(2)(iii)(B). See Letter from D'wana R. Terry, Chief, Public Safety and Private Wireless Division to Michele C. Fahrquar, Esquire, President, Land Mobile Communications Council (dated Apr. 6, 2001). 47 C.F.R. � 90.173. While it is true that when the Commission adopted policies and procedures concerning Section 90.187 that it urged coordinators to avoid coordinations that would place interfering signals within the passband of 25 kHz receivers, it did not prohibit such coordinations. See In the Matter of Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services
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  • Federal Communications Commission has found may be in violation of the Commission's interpretation of the 10-channel limit set forth in Section 90.187(e).'' Request for Declaratory Ruling at n.1. Request for Declaratory Ruling at 2, 10. Frequencies in these bands generally are available for shared use and are not assigned for the exclusive use of any licensee. See 47 C.F.R. � 90.173(a). Request for Declaratory Ruling at 1-2. Request for Declaratory Ruling at 4-5. Request for Declaratory Ruling at 6. In a ``centralized trunked system,'' the base station controller provides dynamic channel assignments by automatically searching all channels in the system for and assigning to a user an open channel within that system. In a ``decentralized trunked system,'' which is also a
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  • erroneous frequency coordination); Grand Trunk Western Railroad Communications Department, DA 02-989, Memorandum Opinion and Order, 17 FCC Rcd 8015 (WTB PSPWD 2002) (improperly granted license modified by Commission after 30 days); Cara Enterprises, Inc., Memorandum Opinion and Order, 17 FCC Rcd 8009 (WTB PSPWD 2002) (license modified after 30 days because original frequency coordination was faulty). See 47 C.F.R. � 90.173(a) (``Except as otherwise specifically provided for in this part, frequencies assigned to land mobile stations are available on a shared basis only and will not be assigned for the exclusive use of any licensee.'') (...continued from previous page) (continued....) Federal Communications Commission DA 02-1965 Federal Communications Commission DA 02-1965 " � � � � � � � � �
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  • Bureau issued an order, determining that an unauthorized assignment had taken place and invalidating the assignment. 4. On October 5, 1995, the Bureau's Office of Operations dismissed Kay's finder's preference request on the ground that ``the target license was the subject of a Commission compliance action at the time of the filing of the finder's preference request.'' Relying on section 90.173(k)(2) of the Commission's rules, the Bureau's Office of Operations concluded that no finder's preference request was available for the license associated with AVCOM's station WNPA325. 5. On November 6, 1995, Kay filed a Petition for Reconsideration claiming that there was no ``compliance action'' pending against station WNPA325 at the time he filed his finder's preference request and that, as such,
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  • allow non-Federal licensees to use shared Federal Public Safety spectrum for day-to-day communications and activities in certain areas. In addition, Alaska intends to pair Federal frequencies with non-Federal frequencies, and to operate on a 12.5 kHz bandwidth, while our rules set forth a 15 kHz bandwidth for VHF Public Safety channels. Consequently, Alaska requests waivers of Sections 2.102(c), 90.20(c)(3), and 90.173(c) of the Commission's Rules. Alaska argues that waivers are appropriate because the underlying purpose of these rules would not be served by their application to this case, and would prove unduly burdensome in meeting and implementing the intended ``joint use'' trunked radio system by the state, local and Federal government entities engaged in public safety and Homeland Security operations. Alaska
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  • � 9, 6570, � 10. The Commission established the finder's preference program in 1991 to provide an incentive to survey private land mobile usage and identify licensees who had failed to construct, place into operation, or continue to operate their stations for one year or more. Finder's Preference Order, 14 FCC Rcd at 6565, � 2 (citing 47 C.F.R. � 90.173(k)). An entity that demonstrated that a license assigned, in relevant part, in the 800-900 MHz band, had cancelled automatically for failure to comply with these rules, could obtain a preference for the use of the licensed frequencies in the assigned area. Id. at 6565-66, � 2. The finder's preference program was terminated for 800 MHz SMR stations on December 15,
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  • for failure to file a renewal application. Nextel further contends that ``granting a waiver request for a licensee who went on an extended business trip and lost track of his own licensing proceeding'' is neither unique or unusual circumstances nor in the public interest. Opposition at 2-3. February 26, Order, DA 02-423 at �6. Opposition at 3. 47 C.F.R. � 90.173(n). In the Matter of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, Memorandum Opinion and Order, 12 FCC Rcd 9972, 9982, � 29 (1997). February 26 Order, DA 02-423 at � 6. Opposition at 4. See Wireless Telecommunications Bureau Identifies Petitions and Applications Affecting 800 MHz Specialized Mobile Radio
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  • Owners Association, Los Angeles, CA. Los Angeles, CA District Office (3/5/02). N N S Inc., Corvina, CA. Los Angeles, CA District Office (3/5/02). United Independent Taxi Drivers, Inc., Los Angeles, CA. Los Angeles, CA District Office (3/5/02). City of Vista, CA, KRO431. San Diego, CA District Office (3/13/02). Universal Ensco (DBA: GeoPlane Services), Portland, OR. Other violation: 47 C.F.R. � 90.173 (Policies Governing the Assignment of Frequencies). Portland, OR Resident Agent Office (3/18/02). CITATIONS Communications Act 47 U.S.C. � 302 - Devices Which Interfere With Radio Reception Abie Hamideh d.b.a. Planet Wireless, Garland, TX. Dallas, TX District Office (3/4/02). Salena Kinney, Earl Troutman, and Rigo Ochoa d.b.a. Arken Communications, Plano, TX. Dallas, TX District Office (3/4/02). Mr. Michael B. Faulkner, Express
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  • to frequency pair 899/938.4125 MHz because VSS's requested location is too close to the authorized site of ReadyMix's Station WPRI751. On December 2, 2002, the Division sent a letter to ITA, which coordinated ReadyMix's application for Station WPRI751, and the Personal Communications Industry Association (PCIA), which coordinated VSS's application for Station KNNF731. The Division asked the coordinators, pursuant to Sections 90.173, 90.175, and 90.176(h) of the Commission's Rules, to determine whether the two stations could coexist at their current locations without unacceptable interference resulting, and, if not, what modification(s) of either or both licenses would minimize or eliminate such interference, with the least impact on the operations of the licensee(s). On December 20, 2002, PCIA responded that additional time was needed
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  • designed to fulfill a specialized role in its overall system design. Id. i2way has also filed a number of applications seeking authority to provide conventional operations as well as trunked operations on exclusive frequencies. The applications were accepted for filing on December 19, 2001. Wireless Telecommunications Bureau Site-By-Site Accepted for Filing, Public Notice, Report No. 1047 (Dec. 19, 2001). Section 90.173(a) of the Commission's rules provides that ``[e]xcept as otherwise provided ..., frequencies assigned to land mobile stations are available for shared use only and will not be assigned for the exclusive use of any licensee.'' 47 C.F.R. � 90.173(a). 47 C.F.R. � 90.35(e). Section 90.35(e) provides that ``normally only one frequency, or pair of frequencies in the paired frequency mode
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  • March 6, 2002, VSS filed a response in which it conceded that assignment of the AAR frequency pair was improper. On December 2, 2002, the Division sent a letter to ITA, which coordinated ReadyMix's application for Station WPRI751, and the Personal Communications Industry Association (PCIA), which coordinated VSS's application for Station KNNF731. The Division asked the coordinators, pursuant to Sections 90.173, 90.175, and 90.176(h) of the Commission's Rules, to determine whether the two stations could coexist at their current locations without unacceptable interference resulting, and, if not, what modification(s) of either or both licenses would minimize or eliminate such interference, with the least impact on the operations of the licensee(s). On December 20, 2002, PCIA responded that additional time was needed
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  • regulations ``show its broad authority over RFI issues''). The Court noted that a function of the Commission's Compliance and Information Bureau, with assistance from the Wireless Telecommunications Bureau, is to ``[r]educe or eliminate interference to authorized communciations.'' See 47 C.F.R. �� 0.111(e), 0.131(h). The Commission has promulgated rules to resolve interference disputes. See, e.g., 47 C.F.R. �� 22.353, 24.237, 27.58, 90.173(b), 90.403(e). The Commission can assess a forfeiture for failure to comply with an FCC permit or license. See 47 C.F.R. � 1.80(a)(1), (b)(4) (suggested forfeiture amount for interference is $7,000 per violation). 199 F.3d at 1192 (citing 960 Radio and Mobilecomm). Id. at 1189 (citing Letter from David L. Furth, Chief, Commercial Wireless Division, Wireless Telecommunications Bureau, to Roger Kroh,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit �M*n ` Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of ) ) STATE OF ALASKA ) File Nos. 0001036496 ) 0001036497 Request For Waiver of Sections 2.102(c), 2.103(a) ) 0001039631 90.20, and 90.173(c) of the Commission's Rules ) MEMORANDUM OPINION AND ORDER Adopted: August 7, 2003 Released: August 7, 2003 By the Chief, Wireless Telecommunications Bureau: I. INTRODUCTION In this Memorandum Opinion and Order, we address a Request for Waiver of the Commission's Rules (Waiver Request) associated with each of the three captioned applications of the State of Alaska (``Alaska'' or ``the State'').
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  • et al. (``Nextel'') pursuant to section 208 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. � 208. The complaint alleged, inter alia, that Nextel and certain of its affiliates were knowingly causing harmful interference to Centre's incumbent 800 MHz facilities, in violation of section 333 of the Act, 47 U.S.C. � 333, and sections 90.403(e) and 90.173(b) of the Commission's rules, 47 C.F.R. �� 90.403(e) and 90.173(b). On March 7, 2003, Centre filed a Motion to Withdraw Formal Complaint (``Motion to Withdraw'') stating that the parties have entered into a Settlement Agreement/Mutual Release that effectively resolves all disputes in the above-referenced matter. The Motion to Withdraw further stated that counsel for Nextel had reviewed the motion, and
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  • illustrates interference protection to the Grade B contours of both TV stations. Using the first prong of the waiver standard of Section 1.925(b)(3), Chevron argues that grant of the requested waiver will not undermine the fundamental purpose served by five of the six rules in question, and that the grant would be in the public interest. With respect to Section 90.173(m), Chevron states that use of a single 50 kHz channel pair at each location is a more spectrally efficient approach than the use of multiple, smaller bandwidth channels. Chevron cites that its low transmitter power of 1 watt is unlikely to substantially limit potential spectrum use by other, future applicants. Chevron also argues that the purposes of Section 90.210(c) are
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  • stations operating on frequency 152.870 MHz. The Union Gas stations are entitled to protection from harmful interference created by Pfeiffer's station because Union Gas's stations were coordinated with the United States in accordance with the current U.S/Canadian agreement. By contrast, Pfeiffer's application to operate with five watts ERP on frequency 152.870 MHz was granted without Canadian coordination. According to Section 90.173 of the Commission's Rules, all applicants and licensees shall cooperate in the selection and use of frequencies in order to reduce interference and make the most effective use of authorized facilities. In addition, Section 90.173 indicates that the Commission may deny the use of any frequency at a given location if its use in that location is not in the
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  • the appropriate venue for dictating operational procedures that are normally implemented at the local level. TIA Comments at 3. Petition at iii, 5-6. APCO and Arizona believe it is appropriate that NTIA and the Commission establish a national process to streamline access of qualified entities. See APCO Comments at 2; Arizona Comments at 2. See 47 C.F.R. �� 2.102(c) and 90.173(c). NTIA is responsible for the licensing of radio frequencies to federal public safety agencies. See 47 U.S.C. � 901(c). The Commission is responsible for licensing radio frequencies to non-federal public safety agencies. See 47 U.S.C. �� 151, 301, 303. NTIA ``has specified forty (40) Federal Government frequencies that can be used by non-Federal government public safety entities . . .
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  • an engineering statement that illustrates interference protection to the respective Grade B contours. We also note that the Commission recently modified section 90.209 requiring all non-public safety stations to operate on channels with a bandwidth of 12.5 kHz or less beginning January 13, 2013. Consequently, the system that Chevron proposes to operate would appear to require a waiver of Sections 90.173(m), 90.203(a), 90.209, 90.210(c), 90.315(c), 90.315(d), and 90.315(g) of the Commission's Rules. On March 25, 2003, the Wireless Telecommunications Bureau (``Bureau'') placed Chevron's December 2002 application and waiver request on public notice. On April 24, 2003, the Commission received one comment in opposition filed by Loli, Inc. (Loli). Loli is an Arizona corporation and owner of a 218-219 MHz Radio Service
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  • Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure Division Wireless Telecommunications Bureau FCC File No. 0001910294. See attachment to FCC File No. 0001910294 (Waiver Request). Stations KDB406, KDJ426, KTZ447, WIL293, WIL702 and WNQJ896. See FCC File No. 0001910294. See licenses for Stations WIL293 and WIL702. See 47 C.F.R. �� 90.173(m), 90.209(b)(5). Until 1995, these offset channels were not ordinarily available for licensing. When the offset channels were made available, the authorized bandwidth was limited to 12.5 kHz. See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them, Report and Order and Further Notice of Proposed Rule Making, 10
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  • WPTG843 to S M Leasing and Rental Ltd. See FCC File No. 0002175028. We believe that the matter is not moot, however, because DART seeks to be licensed on frequency 936.9000 MHz on an exclusive basis. Thus, this matter affects the present license. 47 C.F.R. � 1.41. FCC File No. 8707578885, FCC Form 574-L. See 47 C.F.R. �� 90.20, 90.35, 90.173(i). Frequencies in the 900 MHz band are assigned in pairs with mobile and control stations frequencies taken from the 896-901 MHz band segment and corresponding base station frequencies taken from frequencies 39 MHz higher and taken from the 935-940 MHz band segment. See 47 C.F.R. � 90.613. See FCC File No. 0000960501. DART is a regional transportation authority for the
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  • This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure Division Wireless Telecommunications Bureau FCC File No. 0001900182. See attachment to FCC File No. 0001900182 (Waiver Request). See license for Station KXC905. See 47 C.F.R. �� 90.173(m), 90.209(b)(5). Until 1995, these offset channels were not ordinarily available for licensing. When the offset channels were made available, the authorized bandwidth was limited to 12.5 kHz. See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them, Report and Order and Further Notice of Proposed Rule Making, 10
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  • had not issued a decision, the pending petition for reconsideration did not protect Station WPMJ456's FB8 status, because the filing of a petition for reconsideration does not stay or postpone Commission action. See 47 C.F.R. � 1.106(n). See 47 C.F.R. � 90.187(b)(2)(v). See National Science and Technology Network, Inc., Letter, 21 FCC Rcd 14381 (WTB MD 2006). See C.F.R. � 90.173(a). See C.F.R. � 90.173(b). See Informal Petition at 1. PCIA coordinated Toyota's application. See Frequency coordination number PC20042730014. e f � � hd hd ��`��gdd � hd � �B��k�(/YM��`鉉��PNG �0���eX...�W0f�"˸ -ʝ �D... p-C� C\ i8 �] ~'��\��� g�bF�JU �}p�� Ӵ�:|Y�.̕� ���`]fe�ʦ�S ��8���o��(R)� �� -�o} �^ rt2 ; X�0~B�e6%����70o�B(R)x�oG�� �k��"a �n�"W -1��$�7'����2 o �  ��2� ����" ��� +� bK`�˯� �
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  • COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau cc: Jose Ramirez Ramirez Electronics 856 E. 51st St. Los Angeles, CA 90011 Jerry Walker Business Radio Licensing 26941 Cabot Rd. # 134 Laguna Hills, CA 92653 47 C.F.R. �� 90.403, 90.405. Nighthawk also questions Ramirez's eligibility, but provides no information to substantiate the allegation. See 47 C.F.R. � 90.173(a). See 47 C.F.R. � 90.403(e). See 47 C.F.R. � 90.173(b). Mr. Rick Gamboa Federal Communications Commission Washington, D.C. 20554 March 30, 2007 F G _ - - � � � � � �B��k�(/YM��`鉉��PNG �0���eX...�W0f�"˸ -ʝ �D... p-C� C\ i8 �] ~'��\��� g�bF�JU �}p�� Ӵ�:|Y�.̕� ���`]fe�ʦ�S ��8���o��(R)� �� -�o} �^ rt2 ; X�0~B�e6%����70o�B(R)x�oG�� �k��"a �n�"W -1��$�7'����2 o �  ��2� ����"
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of CAVALIER OPERATING CO., LLC Request for Waiver of the 5 MHz Separation Requirements of 47 C.F.R. � 90.173(i) ) ) ) ) ) ) FCC File Nos. 0002909707, 0002912913 ORDER Adopted: April 16, 2007 Released: April 17, 2007 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: Introduction. We have before us the above-captioned applications and waiver requests filed by Cavalier Operating Co., LLC (Cavalier). Cavalier seeks authorization to operate on frequencies in the 450-470 MHz band waiver
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  • Information Services, California Portland Cement Company to Federal Communications Commission (dated Feb. 8, 2007). Frequency coordination numbers 20060928154756 and 20070416115505. 47 C.F.R. � 90.159(b) (permitting conditional operation pursuant to coordinated applications). See Letter from Mesfin Shawel, President, NNS Inc. dba AAA Yellow Cab to Marlene H. Dortch, Secretary, Federal Communications Commission (received Mar. 30, 2007) (Opposition). See 47 C.F.R. � 90.173(a). See C.F.R. � 90.173(b). Yellow Cab represents that it will monitor the frequency before transmitting, and otherwise cooperate to avoid harmful interference. See Opposition at 2. See Ted S. Henry, Letter, 22 FCC Rcd 662, 663 (WTB MD 2007). Federal Communications Commission Washington, D.C. 20554 July 20, 2007 * J M N h k � � � � � �
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  • given area only upon a satisfactory showing of need). See, e.g., licenses for Stations KCB438, KYM469, WPBS587, WPDP858, WPMS404, WPRF629, and WRZ760. Specifically, you seek to operate with one hundred watts effective radiated power (ERP), the maximum permitted under 47 C.F.R. � 90.35(c)(61)(i), while other ATU licensees at McCarran utilize twenty-five watts or less ERP. See also 47 C.F.R. � 90.173(b) (applicants and licensees shall cooperate in the selection and use of frequencies in order to reduce interference). See Application at Frequency Justification. 47 C.F.R. � 90.35(c)(61)(i). Federal Communications Commission Washington, D.C. 20554 h i k ��PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU
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  • that the interference can be eliminated by employing an antenna with a six degree downtilt. Based on the information before us, however, we do not believe that the more flexible language suggested by Washington Alarm would be as effective in resolving the interference to Station VCU869. The proposed condition imposes little if any obligation beyond that already required by Section 90.173 of the Commission's Rules, which provides that all applicants and licensees shall cooperate in the selection and use of frequencies in order to reduce interference and make the most effective use of authorized facilities. Moreover, Washington Alarm has provided no technical study or other basis for its belief that use of a downtilt antenna at the current East Tiger Mountain
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  • 1969) (WAIT Radio), aff'd, 459 F.2d 1203 (1973), cert. denied, 409 U.S. 1027 (1972) (citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968)); Birach Broad. Corp., Memorandum Opinion and Order, 18 FCC Rcd 1414, 1415 (2003). See Land Mobile Second Report and Order, 46 F.C.C. 2d at 770 � 71. See 47 C.F.R. � 90.173(i); Land Mobile Second Report and Order, 46 F.C.C. 2d at 769 � 61. 47 C.F.R. � 90.613; Land Mobile Second Report and Order, 46 F.C.C. 2d at 769 � 61. 47 C.F.R. � 90.247(a). See 47 C.F.R. � 90.173(i). See Dec. 14, 2006 Waiver Request Amendment. Waiver Request at 1-2. Id. at 2. Id. Id. at 1. See frequency search
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  • to Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004). See 47 C.F.R. �� 1.9001(b). See 47 C.F.R. �� 1.9030(e) and 1.9035(e). See Paul McCarty Letter at 1. See NAL Response at 1. See 47 C.F.R. �� 90.173 and 1.9001(b). See 47 C.F.R. �� 90.173, 1.9001(b), 1.9030(e) and 1.9035(e). See NAL, 21 FCC Rcd at 13414-15, � 11. See also The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 17106-07 (1997), recon. denied, 15 FCC Rcd 303 (1999). See NAL, 21 FCC Rcd at 13413-14,
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  • 2006) (reiterating that forty-mile standard is used to determine co-channel separation/exclusivity/loading requirement issues). See 47 C.F.R. � 90.187(b), (b)(1), (b)(2)(i)-(ii). See Letter dated February 15, 2007 from Scot Stone, Deputy Chief, Mobility Division, Wireless Telecommunications Bureau to Alan M. Lurya, counsel for NSTN (regarding MRA applications FCC File Nos. 0001446695, 0002245518). See 47 C.F.R. � 90.403(e). See 47 C.F.R. � 90.173(b). Id. (...continued from previous page) (continued....) Federal Communications Commission DA 07-865 Federal Communications Commission DA 07-865 � � / 0 2 L � � � � � tm � � � F H � � n � " 7 4 + C �O
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  • operating on the same frequency. Station VCU869 is entitled to protection from harmful interference created by Washington Alarm's station because Station VCU869 was coordinated with the United States in accordance with the current U.S/Canadian agreement. By contrast, Washington Alarm's license to operate with two watts transmitter output power on frequency 460.9375 MHz was granted without Canadian coordination. According to Section 90.173 of the Commission's Rules, all applicants and licensees shall cooperate in the selection and use of frequencies in order to reduce interference and make the most effective use of authorized facilities. In addition, Section 90.173 indicates that the Commission may deny or restrict the use of any frequency at a given location if its use in that location is not
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  • license modification, and for certain temporary locations must be frequency-coordinated, and that all applicants for trunked systems between 150 MHz and 512 MHz must indicate on their applications that their systems will be trunked; a non-trunked system may be trunked only after filing a major modification application. Legal Basis: 47 U.S.C. 154, 161, 303, and 332. Section Number and Title: 90.173(h) Policies governing the assignment of frequencies. 90.175(a), (c)-(d) Frequency coordinator requirements. 90.176(a)(3), (b) Coordinator notification requirements on frequencies below 512 MHz or at 764-776/794-806 MHz. 90.187 Trunking in the bands between 150 and 512 MHz. SUBPART I-GENERAL TECHNICAL STANDARDS Brief Description: The part 90 rules state the conditions under which radio communications systems may be licensed and used in the
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  • at this remote location, and MRA selected a frequency pair on which NSTN is authorized in the vicinity rather than a frequency pair on which MRA already is authorized elsewhere. On May 24, 2007, the Wireless Telecommunications Bureau, Mobility Division (Division) returned applications 0002995043 and 0002997996 for the frequency coordinator to explain how the frequency selections were consistent with Sections 90.173(b) and 90.313(c) of the Commission's Rules. On May 14, 2007, MRA filed application FCC File No. 0003027621 for a new Industrial/Business Pool station at Black Mountain on frequency pair 507/510.850 MHz. On May 17, 2007, MRA filed application FCC File No. 0003032483 for a new Industrial/Business Pool station at Black Mountain on frequency pair 472/475.8125 MHz, and application FCC File
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  • purpose. Finally, we note that the Petition fails to adequately address the issue of anticipated interference to existing ATU licensees at McCarran, stating only that any technical concerns should have been directed to Murphy's frequency coordinator. We remind Murphy that successful coordination of an application by a certified frequency coordinator does not guarantee the grant of a license. Moreover, Section 90.173(b) of the Commission's Rules explicitly requires applicants (not coordinators) and licensees to cooperate in the selection and use of frequencies in order to reduce interference. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106,
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  • deny the grant of El Segundo's license modification request.'' Specifically, APCO determined that the proposed repeaters at Location 1 and Location 3 ``would adversely affect'' Station KDL483, licensed to South Bay, and Station KUY444, licensed to City of Manhattan Beach. On May 14, 2007, El Segundo filed a letter in reply, urging the Commission to grant the application. Citing Section 90.173(a), El Segundo states that its modification application should be granted, because frequencies in the 470-512 MHz band are generally available on a shared basis. El Segundo also states that ``the type of analysis APCO performed is not appropriate in this case.'' El Segundo argues that a contour-based study is appropriate only ``when a licensee has been authorized for exclusive use
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  • information about ULS is available by calling 1-888-225-5322. Although governmental entities are exempt from paying applications fees, some non-governmental entities may be required to pay fees or partial fees. For further information concerning application fees, see the Wireless Telecommunications Bureau Fee Filing Guide, available at http://www.fcc.gov/fees/appfees.html. See 47 C.F.R. � 90.1209(d). See 47 C.F.R. � 90.1209(b). See 47 C.F.R. � 90.173(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � `�� � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of VULCAN MATERIALS COMPANY Request for Waiver of 47 C.F.R. � 90.173(i) ) ) ) ) ) FCC File No. 0003328258 ORDER Adopted: March 17, 2009 Released: March 19, 2009 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: Introduction. We have before us the above-captioned application and waiver request filed by Vulcan Materials Company (Vulcan). Vulcan seeks authorization to operate on frequencies in the 450-470 MHz band waiver without the standard
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  • Radio Communications, File Nos. 0002438737-39, 0002438741-42, 0002438744, 0002438746, 0002438749, 0002438759, 0002633764, 0002633769, 0002635143, Order, 22 FCC Rcd. 579, 583 � 7 (2007) (``these actions have furthered the public interest by increasing . . . the effectiveness of the applicants' public safety and homeland security communications systems''); Applications of State of Alaska, Request for Waiver of Sections 2.102(c), 2.103(a) 90.20, and 90.173(c) of the Commission's Rules, File Nos. 0001036496, 0001036497, 0001039631, Memorandum Opinion and Order, 18 FCC Rcd. 16315, 16327 � 19 (2003)(`` We further find that Alaska has demonstrated that the improved efficiencies in public safety communications associated with the proposed system will allow Alaska to perform its critical public safety responsibilities, such as protection of life and property, more effectively
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  • portion of the Request seeking a declaratory ruling. See Motorola reply comments at 3. Motorola also withdrew a prior a request for declaratory ruling. See Letter dated Mar. 11, 2010 from Robert L. Pettit, counsel to Motorola, to Marlene H. Dortch, Secretary, Federal Communications Commission (withdrawing Motorola Inc. Request for Declaratory Ruling (filed July 13, 2009)). See 47 C.F.R. �� 90.173(i), 90.267(a); see also Vulcan Materials Co., Order, 24 FCC Rcd 3239, 3239-40 � 3 (WTB MD 2009) (Vulcan); Cavalier Operating Co., LLC, Order, 22 FCC Rcd 7322, 7322-23 � 3 (WTB MD 2007) (Cavalier). 47 C.F.R. � 90.267. See 47 C.F.R. � 90.267(b)-(g). See Request at 8. Id. at 8-9. See Wireless Telecommunications Bureau Seeks Comment on Motorola, Inc. Request
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  • the portion of the Request seeking a declaratory ruling. See Motorola reply comments at 3. Motorola also withdrewa prior a request for declaratory ruling. See Letter dated Mar. 11, 2010 from Robert L. Pettit, counsel to Motorola, to Marlene H. Dortch, Secretary, Federal Communications Commission (withdrawing Motorola Inc. Request for Declaratory Ruling (filed July 13, 2009)). 2See 47 C.F.R. �� 90.173(i), 90.267(a);see also Vulcan Materials Co., Order, 24 FCC Rcd 3239, 3239-40 � 3 (WTB MD 2009) (Vulcan); Cavalier Operating Co., LLC, Order, 22 FCC Rcd 7322, 7322-23 � 3 (WTB MD 2007) (Cavalier). 347 C.F.R. � 90.267. 4See 47 C.F.R. � 90.267(b)-(g). 5SeeRequest at 8. 6Id.at 8-9. 7See Wireless Telecommunications Bureau Seeks Comment on Motorola, Inc. Request for Interpretation or
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  • Reply Date: May 4, 2010 On March 4, 2010, Motorola, Inc. (Motorola) filed a request for interpretation or waiver of Section 90.267 of the Commission's Rules. Section 90.267 designates certain 450-470 MHz band frequencies for low power use. Motorola seeks a declaratory ruling that low power systems authorized pursuant to Section 90.267 are not subject to the requirement in Section 90.173(i) of the Commission's Rules of a standard five megahertz separation between paired 450-470 MHz band base and mobile frequencies. It argues that the standard separation applies only to the ``primary'' frequencies in the band spaced 25 kilohertz apart, and not to ``offset'' frequencies between them, including the low power frequencies set forth in Section 90.267. In the event that the
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  • April 19, 2010 Reply Date: May 4, 2010 On March 4, 2010, Motorola, Inc.(Motorola)filed a request for interpretation or waiver of Section 90.267 of the Commission's Rules.1Section 90.267 designates certain 450-470 MHz band frequencies for low power use. Motorola seeks a declaratory ruling that low power systems authorized pursuant to Section 90.267 are not subject to the requirement in Section 90.173(i) of the Commission's Rules of a standard five megahertz separation between paired 450-470 MHz band base and mobile frequencies.2Itargues that the standard separation applies only to the "primary" frequencies in the band spaced 25 kilohertz apart, and not to "offset" frequencies between them, including the low power frequencies set forth in Section 90.267. In the event that the rules are
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  • the Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio Services. Subpart H sets forth the policies governing the assignment of frequencies. Need: These rules specify the policies governing the assignment of frequencies. The rules also limit the number of channels for trunked operations applicants can apply for. Legal Basis: 47 U.S.C. 154, 303, 309 and 332. Section Number and Title: 90.173(j) Policies governing the assignment of frequencies. 90.187(e) and (f) Trunking in the bands between 150 and 512 MHz. SUBPART I-GENERAL TECHNICAL STANDARDS Brief Description: The part 90 rules state the conditions under which radio communications systems may be licensed and used in the Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio Services. Subpart I sets forth the rules governing the
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  • Petition to Deny filed on February 4, 2011 by DCC Engineering (Petition). FCC File No. 0004595911 (filed on Jan. 31, 2011 and amended on Feb. 18, 2011). See 47 C.F.R. � 90.209(b)(5). See Letter dated Feb. 8, 2011 from Catherine Leonard, Comtronics to Terry Fishel, Mobility Division, Wireless Telecommunications Bureau (Opposition). See Petition at 1. . See 47 C.F.R. � 90.173(b). See, e.g., Ted S. Henry, Letter, 22 FCC Rcd 662, 663 (WTB MD 2007). DCC also states that Comtronics operates with more power than its license authorizes. If DCC has evidence that Comtronics is operating in an unauthorized manner, it should bring the information to the attention of the Commission's Enforcement Bureau. 47 C.F.R. � 90.313(a)(2). See Petition at 1.
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  • use of these 1SeePetition to Deny filed on February 4, 2011 by DCC Engineering (Petition). 2FCC File No. 0004595911 (filed on Jan. 31, 2011 and amended on Feb. 18, 2011). 3See 47 C.F.R. � 90.209(b)(5). 4See Letter dated Feb. 8, 2011 from Catherine Leonard, Comtronics to Terry Fishel, Mobility Division, Wireless Telecommunications Bureau (Opposition). 5SeePetition at 1. 6See47 C.F.R. � 90.173(a). 5075 Federal Communications Commission DA 11-603 frequencies.7Consequently, Comtronics and DCC are equally entitled to use the frequency, and this constitutes no basis for denying Comtronics's modification application.8 4.DCC also argues that the frequency loading exceeds the limit of ninety units9without DCC's consent, and that DCC also did not consent to the proposed change in station class code.10We note that Comtronics
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  • by the FCC. By this letter, the Bureaus accept LMCC's procedures and conditions for non-standard frequency pairs as specified herein. We clarify that all rules and limitations that apply to the designated 12.5 kHz frequencies also will apply to the non-standard frequency pairs. This channel configuration will be assigned with a mobile ``pair'' separated by 5 MHz pursuant to Section 90.173(i) of the Commission's rules. The mobile frequencies will carry the MO8 station class code. Although the 12.5 kHz center frequencies would not be used for actual communication in this framework, these frequencies will appear on such licenses for database search and interference protection purposes. A licensee of a non-standard frequency pair will have the same interference protection rights as an
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  • terminal use (ATU), MED, central station, railroad primary, and co/adjacent-channel public safety interoperability channels are excluded for the purpose of applications for non-standard frequency pairs. 3LMCC Letter at 1. 4Id. 131 Mr. Kenton Sturdevant frequencies also will apply to the non-standard frequency pairs. This channel configuration will be assigned with a mobile "pair" separated by 5 MHz pursuant to Section 90.173(i) of the Commission's rules.5The mobile frequencies will carry the MO8 station class code. Although the 12.5 kHz center frequencies would not be used for actual communication in this framework, these frequencies will appear on such licenses for database search and interference protection purposes.6A licensee of a non-standard frequency pair will have the same interference protection rights as an exclusive licensee
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  • Licensing and Technical Analysis Branch, Private Wireless and Public Safety Division, Wireless Telecommunications Bureau to ITA (September 17, 1998) See Letter from Mark E. Crosby, ITA, to Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau (filed October 26, 1998) (ITA Letter). Id. at 2-4. Id. at 3. Id. 47 C.F.R. � 90.173(a). ITA Letter. at 2. See Petition at 5. 47 C.F.R. � 90.173(b). 47 U.S.C. � 309(j)(2). See Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended, Notice of Proposed Rule Making, WT Docket No. 99-87, 14 FCC Rcd 5206 (1999). See Rules Adopted in the Refarming Second Report and Order (PR Docket No. 92-235) to
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  • in the New York Metropolitan Area, Proposal to Use Part 22 Paging Frequencies Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules to Operate Public Safety Communications Systems, Order, 19 FCC Rcd 15355 (WTB PSCID 2004). 308 See State of Alaska, Request for Waiver of Sections 2.102(c), 2.103(a), 90.20, and 90.173(c) of the Commission's Rules, Memorandum Opinion and Order, 18 FCC Rcd 16315, 16315 � 1 (WTB 2003). 309 See id. 310 See id. at 16331 � 27. 311 See The 4.9 GHz Band Transferred from Federal Government Use, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 00-32, 17 FCC Rcd 3955, 3956 � 1
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  • authorized to operate radio systems in the frequency bands above 150 MHz are permitted to employ signal boosters, subject to the requirement that the booster retransmits only the licensee's authorized frequencies and that the licensees are responsible for correcting any harmful interference such equipment may cause to other systems. Any harmful interference must be resolved as set forth in Section 90.173(b) of the Rules, which provides that licensees of stations suffering or causing harmful interference are expected to cooperate and resolve the interference problem through mutually satisfactory arrangements. If the licensees are unable to do so, the Commission may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation of the stations concerned. Although the interference
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  • following address: Federal Communications Commission Columbia Office 9200 Farm Hose Lane Columbia, Maryland 21046 You are cautioned that your failure to correct the noted problems and to reach, in a timely manner, a mutually satisfactory arrangement for use of the shared spectrum with other users, may result in the imposition of time-of operation conditions and/or other operating restrictions under Section 90.173(b). This Notice shall be sent to Yellow Cab Co. of DC Inc. at its address of record. The Privacy Act of 1974 requires that we advise you that the Commission will use all relevant material information before it, including any information disclosed in your reply, to determine what, if any, enforcement action is required to ensure compliance. Any false statement
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  • licensee of radio station WPIN813 in Lakewood, Colorado. On April 24, and on April 30, 2009, agents of the Enforcement Bureau's Denver Office investigated a complaint of interference to 154.650 MHz in the area of Longmont, Colorado. An agent monitored and inspected radio station WPIN813, located at the Buckhorn Mountain Radio site, and observed the following violations: 47 C.F.R. � 90.173(b): "All applicants and licensees shall cooperate in the selection and use of frequencies in order to reduce interference and make the most effective use of the authorized facilities." KNS operated WPIN813 on 154.640 MHz and failed to properly monitor adjacent channel activity on 154.650 MHz. 47 C.F.R. � 90.403(e): "Licensees shall take reasonable precautions to avoid causing harmful interference. This
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  • 105� 08' 46.6" west longitude with a street address of 1025 Eldorado Boulevard, Broomfield, Colorado. At the time of the investigation, the agent observed that Level 3 was operating station WPSR382 at the measured coordinates of 39� 55' 22" north latitude and 105� 08' 39" west longitude, with a street address of 1025 Eldorado Boulevard, Broomfield, Colorado. 47 C.F.R. � 90.173(b): "All applicants and licensees shall cooperate in the selection and use of frequencies in order to reduce interference and make the most effective use of the authorized facilities." At the time of the investigation, the agent observed that Level 3 operated WPSR382 on 463.725 MHz and failed to properly monitor co-channel activity on 463.725 MHz. 47 C.F.R. � 90.403(e): "Licensees
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  • award to the first filed finder. See e.g., Letter to James Bishop, Progressive Communications, Inc., from William H. Kellet, Office of Operations, Federal Communications Commission (dated May 1, 1996); Letter to Viking Freight System, from William H. Kellet, Office of Operations, Federal Communications Commission (dated December 20, 1996); see also supra n. 7. See supra � 4. 47 C.F.R. � 90.173(k). Jersey Central, 14 FCC Rcd at 14041-42 � 4-5. Application for Review at 3. Jersey Central, 14 FCC Rcd at 14042 � 5. Id. (continued....) Federal Communications Commission FCC 00-298 Federal Communications Commission FCC 00-298 ! � � �@��� @& �0� �0� �0� �0� �0� �0� ��� �
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  • 101 Order, 11 FCC Rcd at 13467. Id. at 13467-68. 47 C.F.R. � 101.65(a). 47 C.F.R. �� 101.65(d), 101.305(d). Cox & Smith, Inc. Petition for Clarification and/or Reconsideration at 1 (C&S Petition). See UTC Petition at 9-10. C&S Petition at 1-3. Multipoint Petition for Reconsideration of Part 101 of the Commission's Rules at 3 (Multipoint Petition). See 47 C.F.R. � 90.173(k) (1997). Multipoint Petition at 3. UTC Comments at 5. Id. See 47 C.F.R. � 1.429; see also Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Memorandum Opinion and Order, MM Docket No. 86-289, 4 FCC Rcd 7887 (1989). The Commission eliminated the Part 90 finder's preference program. See Amendment of Part 90 Concerning the Commission's Finder's Preference Rules,
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  • FCC Rcd at 10098 � 36. See, e.g., AEP Comments at 4; API Comments at 12; AAR Comments at 7; Blooston Comments at 10; Cal State Reply Comments at 5; LMCC Comments at 4-6; Motorola Comments at 8. But see AMTA Comments at 2; NAM/MFRAC Reply Comments at 15. Id.; accord, e.g., PCIA Comments at 4. See 47 C.F.R. � 90.173(a). See, e.g., Principals for Reallocation of Spectrum to Encourage the Development of Telecommunications Technologies for the New Millennium, Policy Statement, 14 FCC Rcd 19868, 19878-79 � 24 (1999). See, e.g., Service Rules for the 746-764 and 776-794 MHz Bands and Revisions to Part 27 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 5299, 5311-14 �� 26-32 (2000).
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  • FCC Rcd at 10098 � 36. See, e.g., AEP Comments at 4; API Comments at 12; AAR Comments at 7; Blooston Comments at 10; Cal State Reply Comments at 5; LMCC Comments at 4-6; Motorola Comments at 8. But see AMTA Comments at 2; NAM/MFRAC Reply Comments at 15. Id.; accord, e.g., PCIA Comments at 4. See 47 C.F.R. � 90.173(a). See, e.g., Principals for Reallocation of Spectrum to Encourage the Development of Telecommunications Technologies for the New Millennium, Policy Statement, 14 FCC Rcd 19868, 19878-79 � 24 (1999). See, e.g., Service Rules for the 746-764 and 776-794 MHz Bands and Revisions to Part 27 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 5299, 5311-14 �� 26-32 (2000).
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  • a private organization. On December 4, 1992, the Licensing Division denied the petition for reconsideration pointing out that the Coop had not supported its claims of harmful interference with an affidavit from a qualified radio engineer as required by Section 1.106(e) of the Commission's Rules. In its denial letter, the Licensing Division required the parties to meet, pursuant to Section 90.173(b) of the Commission's Rules, so that the parties could make mutually satisfactory arrangements to mitigate congestion resulting from their use of the shared channels. On January 4, 1993, the Coop filed the subject Application for Review of the Licensing Division's denial of its petition for reconsideration. Specifically, the Coop requests that we either dismiss Interstate's licenses on frequency pairs 452.850/457.850
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  • 8. Id. In addition to the fourteen 12.5 kHz channel pairs specified, the same criteria apply to the channels 6.25 kHz immediately above and below these channels. A list of the specific channels that LMCC proposes to designate for each group is set forth in Appendix A. See also Consensus Plan at Appendix A. , supra. See 47 C.F.R. �� 90.173(i), 90.20, and 90.35. Refarming Second R&O, 12 FCC Rcd at 14,343 � 67. Id. , supra. , supra. Pub. L. No. 96-354, 94 Stat. 1165, 5 U.S.C. �� 601-612 (1980). Where available, the channels 6.25 kHz directly above and below these channels are also designated for low power use. . Where available, the channels 6.25 kHz directly above and below
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  • Mark E. Crosby, ITA, to Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau (filed Oct. 26, 1998) (ITA Letter). CSAA Petition for Reconsideration (filed Nov. 30, 1998). See Landlinx Communications, Order on Reconsideration, DA 99-3038 (WTB PSPWD rel. Jan. 3, 2000) (Order on Reconsideration). Id., � 4 (citing 47 C.F.R. � 90.173(a)). Id. (citing ITA Letter at 2). Id. Id., � 6. CSAA Petition for Reconsideration and/or License Conditions (filed Jan. 24, 2000) (Second Petition). See Demonstration Licenses in the Business Radio Service, Public Notice, Mimeo No. 2422 (rel. Feb. 16, 1983) (Public Notice). Second Order on Reconsideration, 15 FCC Rcd at 24933 � 4 (citing, e.g., Gaines, Bennett Gilbert, 8 FCC
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  • Secretary Application for Review (filed Apr. 28, 2000) (AFR). In the Matter of Schroeder Manatee Ranch, Request by Florida Power & Light Company to Set Aside Authorization for Industrial/Business Frequencies for Station WPLZ320, Bradenton, Florida, Order, 15 FCC Rcd 10060 (2000) (Order). AFR at 2. Id. Id. Id. at 8. Id. at 3. Id. at 4. See 47 C.F.R. � 90.173(a). Section 90.7 of the Commission's Rules, 47 C.F.R. � 90.7, defines ``harmful interference'' as follows: For the purposes of resolving conflicts between stations operating under this part, [harmful interference is] any emission, radiation, or induction which specifically degrades, obstructs, or interrupts the service provided by such stations. See 47 C.F.R. � 90.173(b). Id. AFR at 4-5. Letter from Mary Shultz,
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  • the following categories of activities: medical services, rescue organizations veterinarians, handicapped persons, disaster relief organizations, school buses, beach patrols, establishments in isolated places, communications standby facilities, and emergency repair of public communication facilities. 47 C.F.R. � 90.20(a)(2). Non-governmental entities are eligible for non-SERS Public Safety Pool frequencies provided they obtain concurrence from an eligible governmental entity. Id. 47 C.F.R. � 90.173(a). We note that exclusivity can be obtained in the 470-512 MHz band. See 47 C.F.R. � 90.313. 47 C.F.R. �� 90.625, 90.629, 90.633. For example, the public safety community makes intensive use of frequencies in the 150-174 MHz (upper VHF) band, which has resulted in these frequencies being extremely congested and has impeded efforts to identify and recommend new public
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  • trunked station would intersect the service contour of an existing station. Such overlap is sufficient to create a violation of the Commission's Rules. Additionally, grant of a station where this is the case creates a circumstance where the two stations with the overlapping contours cannot effectively cooperate in sharing the frequency and minimizing and reducing interference as required by Sections 90.173 and 90.403 of the Commission's Rules. This is particularly true where, as here, one or both stations are trunked. We conclude that the modification serves the public interest, convenience, and necessity as required by Section 316 of the Act because modifying CMMC's license cures an ongoing violation of our Rules that can unavoidably and presumptively, only lead to predictable interference
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  • C. Lockhart, on behalf of the Regents of the University of California, (dated Sept. 27, 1994) (Branch Letter). Branch Letter supra n.6. Letter from W. Riley Hollingworth, Deputy Associate Bureau Chief, Office of Operations, to Robert J. Keller, Esq., and Willi K. Bokenkamp (dated Jan. 24, 1996). Id. Id. Id., citing 47 C.F.R. � 90.629. Id., citing 47 C.F.R. � 90.173(k)(2) (former). See 47 C.F.R. � 90.629(c). Kay AFR. On March 11, 1996, Regents filed an ``Opposition to Application for Review.'' See Opposition to Application for Review (filed Mar. 11, 1996) (Opposition to AFR). Id. at 4, 5 n.2. Opposition to AFR at 2-4 n.1. Slow Growth Report and Order, 8 FCC Rcd at 3977 � 14. Id. at n.17. See
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  • required to present prima facie evidence of a violation of the Commission's construction and operational rules, and the Commission placed certain restrictions on the timeliness of finder's preference requests. For example, a preference request based on a construction or placed-in-operation violation filed less than 180 days after the construction deadline of the target license was considered untimely. Further, former rule 90.173(k)(2) provided that ``[a] request targeting a license under Commission review or investigation is also considered untimely.'' On October 5, 1995, the Office of Operations dismissed Kay's Finder's Preference Request, finding that no preference was available for the license associated with station WNPA325 because ``the target license was the subject of a Commission compliance action at the time of the filing
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  • LMCC Comments at 9. LMCC Reply Comments at 2; Trimble Reply Comments at 6. NPRM, 16 FCC Rcd at 14956 � 19. AES Comments at 6; Hexagram Comments at 8. Toro Comments at 7. API Comments at 10. Frequencies are available on a shared basis and will not be assigned for the exclusive use of any licensee. 47 C.F.R. � 90.173(a). AES Comments at 5. Id. Id. See 47 C.F.R. � 95.1301 et seq. LMCC Comments at 8-9. The LMCC describes the interference problems created by mobile only data systems in the context of Group A channels. PCIA concurs that mobile-only data should be prohibited. PCIA Comments at 4. LMCC Comments at 8. , supra. Id. See 47 C.F.R. � 90.403(e).
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  • LMCC Comments at 9. LMCC Reply Comments at 2; Trimble Reply Comments at 6. NPRM, 16 FCC Rcd at 14956 � 19. AES Comments at 6; Hexagram Comments at 8. Toro Comments at 7. API Comments at 10. Frequencies are available on a shared basis and will not be assigned for the exclusive use of any licensee. 47 C.F.R. � 90.173(a). AES Comments at 5. Id. Id. See 47 C.F.R. � 95.1301 et seq. LMCC Comments at 8-9. The LMCC describes the interference problems created by mobile only data systems in the context of Group A channels. PCIA concurs that mobile-only data should be prohibited. PCIA Comments at 4. LMCC Comments at 8. , supra. Id. See 47 C.F.R. � 90.403(e).
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  • 574R, File No. 8811634931 (Jan. 7, 1994). The expiration date on Morris's renewed license was February 2, 1999. The license was renewed again in 1998, for an additional five-year term. The current expiration date is February 2, 2004. Letter from Richard W. Duncan d/b/a Anderson Communications to the Federal Communications Commission (Nov. 12, 1995) (Finder's Preference Request). 47 C.F.R. � 90.173(k) (1994). Failure to comply with Sections 90.155, 90.157, 90.629, and 90.633(c) or (d) of our rules could also result in channel recovery under the finder's preference rules. Id. Finder's Preference Request at 2. Finder's Preference Request at 2. Letter from Anne Marie Wypijewski and William H. Kellet, Office of Operations, to Morris Communications, Inc. (Jan. 17, 1996) (Compliance File No.
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  • requiring joint operations. We believe that the decisions made herein, including the authorization of sharing arrangements, permitting licensees to use the entire spectrum, frequency utilization procedures, low power limits, and the nature of public safety operations in general will all facilitate this sharing requirement. We also note that all 4.9 GHz band licensees and users will be bound by Section 90.173(b) of our rules, which requires applicants and licensees to cooperate in the selection and use of frequencies so as to reduce interference and maximize effective use of authorized facilities. Licensees of stations suffering or causing harmful interference are expected to cooperate and resolve this problem by mutually satisfactory arrangements. For similar reasons, we disagree with those commenters that favor authorization
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  • designed to fulfill a specialized role in its overall system design. Id. i2way has also filed a number of applications seeking authority to provide conventional operations as well as trunked operations on exclusive frequencies. The applications were accepted for filing on December 19, 2001. Wireless Telecommunications Bureau Site-By-Site Accepted for Filing, Public Notice, Report No. 1047 (Dec. 19, 2001). Section 90.173(a) of the Commission's rules provides that ``[e]xcept as otherwise provided ..., frequencies assigned to land mobile stations are available for shared use only and will not be assigned for the exclusive use of any licensee.'' 47 C.F.R. � 90.173(a). 47 C.F.R. � 90.187(e). Section 90.187(e) provides that ``[n]o more than 10 channels for trunked operation in the Industrial/Business Pool may
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1.txt
  • from Anne Arundel County (Anne Arundel July 29 Ex Parte). In 2000, public safety and CMRS entities incorporated many of these technical changes into a Best Practices Guide. See Avoiding Interference Between Public Safety Wireless Communications Systems and Commercial Wireless Communications Systems at 800 MHz, a Best Practices Guide, December 2000 at 5 (Best Practices Guide). C.f. 47 C.F.R. � 90.173(b); see also 47 C.F.R. � 90.403(e). infra. See http://www.fix800mhznow.com/documents/800_MHz_COALITION_10_29_03.pdf. The 800 MHz Users Coalition consists of: ALLTEL Communications, Ameren Corporation, American Electric Power (AEP), Applied Technology Group, Inc., AT&T Wireless Services, Inc., Cinergy Corporation, City of Baltimore, Maryland, City of Colorado Springs, Colorado, Consumers Energy Co., Edison Electric Institute (EEI), Fresno Mobile Radio, Inc., Holy Cross Electric Association, Mobile Relay
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1_Erratum.doc
  • from Anne Arundel County (Anne Arundel July 29 Ex Parte). In 2000, public safety and CMRS entities incorporated many of these technical changes into a Best Practices Guide. See Avoiding Interference Between Public Safety Wireless Communications Systems and Commercial Wireless Communications Systems at 800 MHz, a Best Practices Guide, December 2000 at 5 (Best Practices Guide). C.f. 47 C.F.R. � 90.173(b); see also 47 C.F.R. � 90.403(e). infra. See http://www.fix800mhznow.com/documents/800_MHz_COALITION_10_29_03.pdf. The 800 MHz Users Coalition consists of: ALLTEL Communications, Ameren Corporation, American Electric Power (AEP), Applied Technology Group, Inc., AT&T Wireless Services, Inc., Cinergy Corporation, City of Baltimore, Maryland, City of Colorado Springs, Colorado, Consumers Energy Co., Edison Electric Institute (EEI), Fresno Mobile Radio, Inc., Holy Cross Electric Association, Mobile Relay
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-212A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-212A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-212A1.txt
  • exclusive channels. See Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Paging Systems, Implementation of Section 309(j) of the Communication's Act - Competitive Bidding, Second Report and Order and Further Notice of Proposed Rulemaking, WT Docket No. 96-18, PR Docket No. 93-253, 12 FCC Rcd 2732, 2756-2757 �� 40-41 (1997). See 47 C.F.R. � 90.173(b). We also note that, in general, PLMR stations operating with 25 kHz channels are not protected from other PLMR stations operating on channels 12.5 kHz removed. AAPC petition at 3. Low Power R&O,18 FCC Rcd at 3971-73 �� 57-60. (...continued from previous page) (continued....) Federal Communications Commission FCC 04-212 Federal Communications Commission FCC 04-212 �@��� �@��� '' � � (R)
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  • 15 FCC Rcd at 20508-20509 (�� 45-47). See, e.g., Global Comments in ET Docket No. 98-237 in response to the 3650 MHz Service Rules NPRM at 2 (housekeeping revisions will be needed in order to accommodate new devices in this band). 3650 MHz Service Rules NPRM, 15 FCC Rcd at 20509-20511 (�� 50-53). 47 C.F.R. Part 90. 47 C.F.R. � 90.173(a). Id. Regulatory status as a common carrier or non-common carrier depends on the services provided pursuant to the Communications Act, not the issuance of a license or authorization by the Commission. Generally, common carriers are telecommunications providers (i.e., an entity that holds itself out for hire indiscriminately for the purposes of carrying transmissions provided by the customer) in so far
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  • the 150-174 MHz band. At 15 meters (49.21 feet) HAAT and greater, table 1 limits non-Federal licensees to 500 watts ERP, and sets forth additional height requirements based on the licensee's service area radius. Additionally, base stations may be authorized to operate on a secondary basis on frequencies below 450 MHz which are available to mobile stations. 47 C.F.R. � 90.173(h). 47 C.F.R. � 90.20(c)(3), limitations 13 and 30; and 47 C.F.R. � 90.20(d)(13) and (30). Specifically, these frequencies are authorized a channel bandwidth of 25 kHz notwithstanding �� 90.203 and 90.209. NTIA Manual at Section 4.3.11. We note that, in the NTIA Manual, the use of the frequencies 152.0075 MHz and 163.250 MHz is limited to ``base'' stations, which may
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  • turned to green or held green longer before an oncoming police car or bus, creating a `green wave' and allowing higher priority vehicles to reach their destination faster or maintain their route timing.'' Id. Id. See ARINC Petition at 16; see Alliance Ex Parte Comments at 4. See ARINC Petition at 15-17; see Alliance Ex Parte Comments at 4. Section 90.173 of the Commission's Rules states that private land mobile radio frequencies are available on a shared basis and will not be assigned for the exclusive use of any licensee, unless specifically excepted under Part 90 of the Commission's rules. See 47 C.F.R. � 90.173(a). Section 90.173(b) also provides that licensees shall cooperate in the use of frequencies in order to
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  • Terry L. Fishel, Chief, Land Mobile Branch, to Jack C. Lockhart, on behalf of the Regents of the University of California. Letter dated Jan. 24, 1996 from W. Riley Hollingsworth, Deputy Associate Bureau Chief, Office of Operations, to Robert J. Keller, Esq., and Willi K. Bokenkamp. Id. Id. Id. (citing 47 C.F.R. � 90.629). Id. (citing former 47 C.F.R. � 90.173(k)(2)). See 47 C.F.R. � 90.629(c). James A. Kay, Jr. Application for Review (filed Feb. 23, 1996). See MO&O, 17 FCC Rcd at 1396 � 11. See id. at 1395 �� 7-8. Id. at 1395-96 � 9 (citing 47 C.F.R. � 1.106(c); Peterson Electric, Inc., Memorandum Opinion and Order, 15 FCC Rcd 314 (1999)). Id. (citing 47 C.F.R. � 1.106(c)(1) (incorporating
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  • * 31. Section 90.353 is amended by revising paragraphs (e) and (f) to read as follows: � 90.353 LMS operations in the 902-928 MHz band. (e) Multilateration EA-licensed systems and grandfathered automatic vehicle monitoring service (AVM) systems (see � 90.363) are authorized on a shared basis and must cooperate in the selection and use of frequencies in accordance with � 90.173(b). (f) Multilateration EA licensees may be authorized to operate on both the 919.75-921.75 MHz and 921.75-927.25 MHz bands within a given EA (see � 90.210(b)(5)). * * * * * 32. Section 90.357 is revised to read as follows: � 90.357 Frequencies for LMS systems in the 902-928 MHz band. (a) Multilateration LMS systems will be authorized in the following
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  • 12 FCC Rcd 14307 (1997) (Refarming Second Report and Order)). See Wisconsin DOT comments at 2; CCS comments at 2; EWA reply comments at 3-4; Motorola comments at 5-6. See FIT comments at 3-4; see also PCIA comments at 4 (urging Commission to ensure that existing service will not be disrupted by the proposed rule change). See 47 C.F.R. � 90.173(b). See 47 C.F.R. � 90.403(e) (licensees shall take reasonable precautions to avoid causing harmful interference; this includes monitoring the transmitting frequency for communications in progress and such other measures as may be necessary to minimize the potential for causing interference). See Motorola comments at 5. See 47 C.F.R. � 90.247(c). See 47 C.F.R. � 90.205. See 47 C.F.R. �� 2.1901,
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  • 95 of this chapter. Only certificated equipment may be operated, and the operator must comply with all applicable rules. (e) Interference remediation. Licensees and other operators of signal boosters must correct any harmful interference that the equipment may cause to other systems. Normal co-channel transmissions will not be considered harmful interference. Interference resolution is subject to the conditions in � 90.173(b). PART 95-PERSONAL RADIO SERVICES The authority citation for Part 95 is revised to read as follows: AUTHORITY: Sections 4(i), 11, 303(g), 303(r), 307(e), and 332 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 307(e), 332. Section 95.401 is amended by adding a new paragraph (h) to read as follows: ies, and retransmits on a
• http://transition.fcc.gov/eb/Orders/2003/DA-03-795A1.html
  • Partners, Inc., et al. (``Nextel'') pursuant to section 208 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. 208. The complaint alleged, inter alia, that Nextel and certain of its affiliates were knowingly causing harmful interference to Centre's incumbent 800 MHz facilities, in violation of section 333 of the Act, 47 U.S.C. 333, and sections 90.403(e) and 90.173(b) of the Commission's rules, 47 C.F.R. 90.403(e) and 90.173(b). On March 7, 2003, Centre filed a Motion to Withdraw Formal Complaint (``Motion to Withdraw'')1 stating that the parties have entered into a Settlement Agreement/Mutual Release that effectively resolves all disputes in the above-referenced matter. The Motion to Withdraw further stated that counsel for Nextel had reviewed the motion, and had
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4678A1.html
  • to Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004). See 47 C.F.R. S:S: 1.9001(b). See 47 C.F.R. S:S: 1.9030(e) and 1.9035(e). See Paul McCarty Letter at 1. See NAL Response at 1. See 47 C.F.R. S:S: 90.173 and 1.9001(b). See 47 C.F.R. S:S: 90.173, 1.9001(b), 1.9030(e) and 1.9035(e). See NAL, 21 FCC Rcd at 13414-15, P: 11. See also The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 17106-07 (1997), recon. denied, 15 FCC Rcd 303 (1999). See NAL, 21 FCC Rcd at 13413-14,
• http://transition.fcc.gov/eb/Public_Notices/DA-02-1238A1.html
  • of Transmission * MariTel Mississippi River, Inc., Gulfport, MS. New Orleans, LA District Office (4/12/02). 47 C.F.R. Part 87 Aviation Services * 47 C.F.R. 87.187 Frequencies * Jon Freidemann, Hillsboro, OR. Portland, OR Resident Agent Office (4/2/02). * Corporate Air, Honolulu, HI. Honolulu, HI Resident Agent Office (4/12/02). 47 C.F.R. Part 90 Private Land Mobile Radio Services * 47 C.F.R. 90.173 Policies Governing the Assignment of Frequencies * M.A. Mortenson Company, WPSH289, Denver, CO. Other violations: 47 C.F.R. 90.233 (Base/Mobile Non-Voice Operations) and 90.403 (General Operating Requirements). Denver, CO District Office (4/5/02). * 47 C.F.R. 90.403 General Operating Requirements * Willbros Engineers, Inc., Tulsa, OK. Tampa, FL District Office (4/3/02). * Tri Com Sales, WNSA666, New Windsor, NY. New York, NY
• http://transition.fcc.gov/eb/Public_Notices/DA-02-929A1.html
  • Angeles, CA. Los Angeles, CA District Office (3/5/02). * N N S Inc., Corvina, CA. Los Angeles, CA District Office (3/5/02). * United Independent Taxi Drivers, Inc., Los Angeles, CA. Los Angeles, CA District Office (3/5/02). * City of Vista, CA, KRO431. San Diego, CA District Office (3/13/02). * Universal Ensco (DBA: GeoPlane Services), Portland, OR. Other violation: 47 C.F.R. 90.173 (Policies Governing the Assignment of Frequencies). Portland, OR Resident Agent Office (3/18/02). CITATIONS Communications Act * 47 U.S.C. 302 Devices Which Interfere With Radio Reception * Abie Hamideh d.b.a. Planet Wireless, Garland, TX. Dallas, TX District Office (3/4/02). * Salena Kinney, Earl Troutman, and Rigo Ochoa d.b.a. Arken Communications, Plano, TX. Dallas, TX District Office (3/4/02). * Mr. Michael B.
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  • HI. Honolulu, HI Resident Agent Office (7/19/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.155 - Time in Which Station Must Be Placed in Operation Frequency Plus Corporation, WPMH-547, East Brunswick, NJ. New York, NY District Office (7/26/00). . Ms. Barbara Merrile, WPMC-977, Brick, NJ. New York, NY District Office (7/26/00). 47 C.F.R. � 90.173 - Policies Governing Assignment of Frequencies Foster Wheeler Environmental, Commerce City, Colorado. Other violations: 47 C.F.R. �� 90.233 (Base/mobile non-voice operations) and 90.403 (General Operating Requirements). Denver, CO District Office (7/21/00). 47 C.F.R. � 90.425 - Station Identification Monsey New Square Trails Corporation, WPJH-744, Alpine, NJ. New York, NY District Office (7/6/00). Fernando Nuesi, d.b.a.Atlantic Car Service, WPMS-544, Brooklyn, NY.
• http://transition.fcc.gov/eb/Public_Notices/da00813.doc http://transition.fcc.gov/eb/Public_Notices/da00813.html
  • Safe Travel, Inc., Chicago, IL. Chicago, IL Office (3/21/00). Comcast Cablevision of Mercer County, Inc., KLY633, Upper Merion, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.157 (Discontinuance of Station Operation) Dudlik Construction Co., Inc., WRU742, Huntinton Valley, PA. Philadelphia, PA Office (3/29/00). John S. Posen, Inc., WII34 and WPNU211, Centre Square, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.173 (Policies Governing the Assignment of Frequencies) Area Surveying Consultants, Inc., Colorado Springs, CO. NOV also issued for violation of 47 C.F.R. �� 90.233 and 90.403. Denver, CO Office (3/8/00). 47 C.F.R. � 90.210 (Emission Masks) Metrocall USA, Inc., Alexandria, VA. NOV also issued for violation of 47 C.F.R. � 90.425. Tampa, FL Office (3/15/00). 47 C.F.R. � 90.403 (General Operating
• http://transition.fcc.gov/eb/Public_Notices/da011019.doc http://transition.fcc.gov/eb/Public_Notices/da011019.html
  • Aviation Services 47 C.F.R. � 87.193 - Scope of Service Ray Hammons, Jr., Corporation, Wilmington, DE. San Francisco, CA District Office (3/19/01). 47 C.F.R. Part 90 -Private Land Mobile Radio Services 47 C.F.R. � 90.155 - Time in which Station Must Be Placed in Operation Klaus D. Kramer (KNJM968), Oklahoma City, OK. Dallas, TX District Office (3/12/01). 47 C.F.R. � 90.173 - Policies Governing the Assignment of Frequencies GP Solutions, Denver, Colorado. Other violations: 47 C.F.R. �� 90.233 (Base/Mobile Non-Voice Operations) and 90.403 (General Operating Requirements). Denver, CO District Office (3/15/01). 47 C.F.R. � 90.403 - General Operating Requirements Atlantic Wireless, Inc, WPMM-224, Rochelle Park, NJ. Other violation: 47 C.F.R. � 90.425 (Station Identification). New York, NY District Office (3/30/01). CITATIONS
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  • Broadcasting Co., Inc., WMCI(AM), Huntington, WV. $20,000 NAL. Other violations: 47 C.F.R. 73.1350 (Transmission System Operation), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (9/21/01). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Stantec Consulting, Inc., Denver, CO. Other violations: 47 C.F.R. 1.947 (Modification of License), 90.173 (Policies Governing the Assignment of Frequencies), 90.233 (Base/Mobile Non Voice Operations), and 90.403 (General Operating Requirements). Denver, CO District Office (9/17/01). * Kanab Lions TV, Kanab, UT (Facility ID 33307). Other violation: 47 C.F.R. 74.15 (Station License Period). Denver, CO District Office (9/18/01) * Kanab Lions TV, Kanab, UT (Facility ID 33306). Other violation: 47 C.F.R. 74.15 (Station License Period).
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  • #010042). Denver, CO District Office (10/23/01). * AT&T Broadband & Internet Services, Delta, UT (Pbysical System #010573). Denver, CO District Office (10/30/01). 47 C.F.R. Part 80 Stations in the Maritime Services * 47 C.F.R. 80.89 Unauthorized Transmissions * Robert Moran, Honolulu, HI. Honolulu, HI Resident Agent Office (10/26/01). 47 C.F.R. Part 90 Private Land Mobile Radio Services * 47 C.F.R. 90.173 Policies Governing Assignment of Frequencies * The Lund Partnership, Inc., WPMZ742, Lakewood, CO. Other violations: 47 C.F.R. 90.233 (Base/mobile non-voice operations) and 90.403 (General Operating Requirements). Denver, CO District Office (10/9/01). * 47 C.F.R. 90.203 Certification Required * Municipality of Rio Grande (WNYP677), Rio Grande, PR. San Juan, PR Resident Agent Office (10/31/01). * 47 C.F.R. 90.242 Travelers Information Station
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  • Petition at 4-5; PCIA Petition at 8. 71 Id. 72 Id. at 5 n.6. 73 Private Land Mobile Application Procedures for Spectrum in the 896-901 MHz and 935-940 MHz Bands, Public Notice, 74 released November 4, 1986, at 7-8. Petition for Reconsideration of DW Communications, Inc., filed May 19, 1995, at 3-5; AMTA Petition at 9-10. 75 47 C.F.R. � 90.173(k). 76 19 sites of incumbent licensees in adjacent markets. In particular, Advanced Mobilecomm points to 71 the Los Angeles and San Diego co-channel systems, where the distance between sites is minimal. 72 Advanced Mobilecomm also requests that the Commission reaffirm the special requirements for transmitters south of 33� 45' Latitude serving the Los Angeles DFA to protect subsequent grants in
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • in the Rural Radio Service. This paragraph does not apply to applications in the cellular radio service, such as cellular unserved area applications, that were filed prior to July 26, 1993; (6) Specialized Mobile Radio Service (SMR) (see 47 CFR Part 90, Subpart S) including applications based on finder's preferences for frequencies allocated to the SMR service (see 47 CFR 90.173); and (7) Personal Communications Services (PCS) (see 47 CFR Part 24). (8) General Wireless Communications Service (GWCS) (see Part 26 of this chapter). (9) Local Multipoint Distribution Service (LMDS) (see 47 CFR part 101). Note to paragraph (a): To determine the rules that apply to competitive bidding in the foregoing services, specific service rules should also be consulted. (b) The
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • herein is consistent with its use in that proceeding. See Amendment of Part 90 of the Commission's Rules to Adopt Regulations for Automatic Vehicle Monitoring Systems, PR Docket No. 93-61, Report and Order, 10 FCC Rcd 4695, 4715-16 (para. 36) (1995). Third Notice, 11 FCC Rcd at 223 (para. 67). 268 Id. at 223-24 (para. 68). 269 See, e.g., Section 90.173(b) of the Commission's Rules, 47 C.F.R. � 90.173(b). 270 20 log(h/7) dB, where h is the height of the antenna above ground, in meters. This antenna 10 267 height and power limitation is necessary to ensure that transmissions from paging base stations operating in the 221-222 MHz band do not cause adjacent channel interference. Metricom suggests that such a limitation
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  • to locate their base stations to avoid interference, and proposed to allow licensees operating on Channels 196-200 to operate at power levels greater than 2 watts if such licensees obtain the concurrence of all Phase I and Phase II licensees operating in their area. There were no comments on this issue. 269 Federal Communications Commission FCC 97-57 See, e.g., Section 90.173(b) of the Commission's Rules, 47 C.F.R. � 90.173(b). 270 As indicated in Section 90.715(c) of the Commission's Rules, 47 C.F.R. � 90.715(c), the U.S./Mexico 271 border area for U.S. licensees is 120 km (74.6 miles) from the U.S./Mexico border. The U.S./Canada border area for U.S. licensees has not yet been determined. Section 90.725 of the Commission's Rules, 47 C.F.R. �
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  • with base or fixed stations receiving on Sub-band A 221-222 MHz frequencies, if such transmitting and receiving frequencies are 200 kHz or less removed from one another, will be required to coordinate the location of their base stations or fixed stations to avoid interference and to cooperate to resolve any instances of interference in accordance with the provisions of Section 90.173(b). (g) Phase I licensees with base or fixed stations transmitting on 220-221 MHz frequencies assigned from Sub-band B and Phase I licensees with base or fixed stations receiving on Sub-band A 221- 222 MHz frequencies (if such transmitting and receiving frequencies are 200 kHz or less removed from one another) that add, remove, or modify station sites in accordance with
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  • kilometers apart. See 47 C.F.R. �� 90.723(i) and 90.711(a). However, shorter separations will be considered on a case-by-case basis upon the submission of a technical analysis indicating adequate interference protection. See 47 C.F.R. � 90.723(i). Public Safety licensees authorized on the shared, non-exclusive Channels 161-165 must resolve any instances of interference in accordance with the provisions of 47 C.F.R. � 90.173. See 47 C.F.R. 90.711(b). 7 partitioning allows, we believe nationwide Phase I licensees should be able to partition as well. We believe 40 that the benefits of partitioning -- specifically, bringing service to areas that might otherwise be considered low priorities and allowing other businesses to serve niche, underserved or unserved markets in which they may be suited to serve
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  • communities 55 concerning the general treatment of incumbent licensees, the appropriate interference protection criteria, and whether mobile-to-mobile communications should be permitted.56 Federal Communications Commission FCC 98-151 See APCO Comments at 2 n.1. 57 See, e.g., MariTEL Comments at 5. 58 See 47 C.F.R. �� 90.723(i), 90.763(b)(1)(i). 59 ITA/CICS Comments at 6-7; UTC Comments at 5. 60 See 47 C.F.R. � 90.173(a). 61 MariTEL Comments at 6. 62 MMR Comments at 9; see also Robert Sassaman Comments at 1-2. 63 MariTEL Reply Comments at 8. 64 The auction of public coast station geographic licenses is scheduled for the fourth quarter of this year. See FCC Announces 65 Spectrum Auction Schedule for 1998, Public Notice No. DA 97-2497, at 3 (released Nov. 25,
• http://wireless.fcc.gov/auctions/21/releases/fc950041.pdf
  • necessarily result in reliable service for all multilateration systems.It is merely a level that may not be exceeded by kiTA licenseesand ls thus established for interference planning purposes only. ~SCCDDdRepoltandorder,Amcdamt of the Commission's Rules to Establish New Personal Commtmkations Scrviccs, GEN Docket No. 90-314, FCC 93451, released October 22,1993 at paragraph 177). 2*oDisputes over harmful interference (as descrii in Section 90.173(b) of our Rules) are typically resolved on a case-by-case basis.For these services, while absolute blocking of a licensee's transmissions thrqkt a large region would constitute the only clear-cut case.of harmful interference (gg Section 90.7 for definition of harmful interferena under 47 C.F.R. Part 90), it is Possible that less°rees of interference could diminish the accuracy or reliability of certain multilateration
• http://wireless.fcc.gov/auctions/21/releases/fc970305.pdf http://wireless.fcc.gov/auctions/21/releases/fc970305.txt http://wireless.fcc.gov/auctions/21/releases/fc970305.wp
  • we decided to allocate the 2 MHz of subband D to be shared by multilateration and non-multilateration users so as to provide non-multilateration users with the possibility of obtaining additional contiguous spectrum. 90 Federal Communications Commission FCC 97-305 We clarify, as requested by Amtech, that multilateration and non-multilateration systems operating in the shared subband 91 will share in accordance Section 90.173(b) of the Commission's Rules. See Amtech Petition at 22. LMS Report and Order at 4724. 92 Rand McNally Petition at 2-5. 93 20 49. We do not agree with SMBS that our band plan was illogical or that sharing between multilateration and non-multilateration operators is not feasible. Because we agree that it is preferable that multilateration and non-multilateration facilities do
• http://wireless.fcc.gov/auctions/21/releases/lmsbp_g.pdf
  • we decided to allocate the 2 MHz of subband D to be shared by multilateration and non-multilateration users so as to provide non-multilateration users with the possibility of obtaining additional contiguous spectrum. 90 Federal Communications Commission FCC 97-305 We clarify, as requested by Amtech, that multilateration and non-multilateration systems operating in the shared subband 91 will share in accordance Section 90.173(b) of the Commission's Rules. See Amtech Petition at 22. LMS Report and Order at 4724. 92 Rand McNally Petition at 2-5. 93 20 49. We do not agree with SMBS that our band plan was illogical or that sharing between multilateration and non-multilateration operators is not feasible. Because we agree that it is preferable that multilateration and non-multilateration facilities do
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • An application which is dismissed will lose its place in the processing line. (b) All applications for Channels 161 through 165 that comply with the applicable rules of this part shall be granted. Licensees operating on such channels shall cooperate in the selection and use of frequencies and resolve any instances of interference in accordance with the provisions of � 90.173. (c) Phase II applications for authorization on all non-Government channels other than Channels 161 through 170 and 181 through 185 shall be processed in accordance with the provisions of subpart W of this part. � 90.713 Entry criteria. (a) As set forth in � 90.717, four 5-channel blocks are available for nationwide, commercial use to non-Government, Phase I applicants. Applicants
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • will not be assigned for the exclusive use of any licensee. 929.0375, 929.0625, 929.0875, 929.1625, 929.2625 (c) All frequencies listed in this section may be used to provide one-way paging communications to persons eligible for licensing under subpart B or C of this part, representatives of Federal Government agencies, individuals, and foreign governments and their representatives. The provisions of � 90.173(b) apply to all frequencies listed in this section. (d) Licensees on these frequencies may utilize any type of paging operation desired (tone only, tone-voice, digital, tactile, optical readout, etc.). (e) There shall be no minimum or maximum loading standards for these frequencies. (f) The effective radiated power for base stations providing paging service on the shared channels must not exceed
• http://wireless.fcc.gov/auctions/46/releases/fc020152.pdf http://wireless.fcc.gov/auctions/46/releases/fc020152.txt
  • 90.175. 288 See DataFlow Comments at 6, Watchman Comments at 3, UTC Comments at 10. 289 Fairfield Comments at 11. 290 See UTC Comments at 10. 291 47 C.F.R � 1.929. 292 47 C.F.R. � 90.175. 293 Frequencies will be assigned on a shared basis and will not be assigned for the exclusive use of any licensee. 47 C.F.R. � 90.173(a). 294 47 C.F.R � 90.175(b)(1). 295 Fairfield Comments at 11. Geophysical telemetry is telemetry involving the simultaneous transmissions of seismic data from numerous locations to a central receiver and digital recording unit. 47 C.F.R. � 90.7. 296 Id. 297 Id. 298 See comments by DataFlow, Watchman and UTC. Federal Communications Commission FCC 02-152 40 92. Mobex and Paging Systems states
• http://wireless.fcc.gov/auctions/general/releases/fc000403.doc http://wireless.fcc.gov/auctions/general/releases/fc000403.pdf http://wireless.fcc.gov/auctions/general/releases/fc000403.txt
  • FCC Rcd at 10098 � 36. See, e.g., AEP Comments at 4; API Comments at 12; AAR Comments at 7; Blooston Comments at 10; Cal State Reply Comments at 5; LMCC Comments at 4-6; Motorola Comments at 8. But see AMTA Comments at 2; NAM/MFRAC Reply Comments at 15. Id.; accord, e.g., PCIA Comments at 4. See 47 C.F.R. � 90.173(a). See, e.g., Principals for Reallocation of Spectrum to Encourage the Development of Telecommunications Technologies for the New Millennium, Policy Statement, 14 FCC Rcd 19868, 19878-79 � 24 (1999). See, e.g., Service Rules for the 746-764 and 776-794 MHz Bands and Revisions to Part 27 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 5299, 5311-14 �� 26-32 (2000).
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2000&m=2&t=Order
  • of Bureau's dismissing its application for five 900 MHz ... DA-00-365A1: [99]pdf - [100]word - [101]txt 02/25/2000 WTB Orders (DA 00-374) MINERAL RSA LIMITED PARTNERSHIP Dismissed Desert Mobile's petition to deny Mineral's application for a major modification to its wir... DA-00-374A1: [102]pdf - [103]word - [104]txt 02/25/2000 WTB Orders (DA 00-367) STATE OF WISCONSIN Conditionally granted the waiver of Section 90.173 and ordered the application for modification of S... DA-00-367A1: [105]pdf - [106]word - [107]txt 02/24/2000 WTB Orders COMMISSION SEEKS COMMENT ON AIRADIGM COMMUNICATIONS INC.'S CONTINGENT EMERGENCY PETITION FOR REINSTATEMENT OR IN THE ALTERNATIVE FOR WAIVER Comments Due: March 17, 2000, Reply Comments Due: March 31, 2000 http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000368: - [108]word - [109]txt 02/24/2000 WTB Orders (DA 00-349) GILA RIVER TELECOMMUNICATIONS, INC.
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000814.doc
  • Safe Travel, Inc., Chicago, IL. Chicago, IL Office (3/21/00). Comcast Cablevision of Mercer County, Inc., KLY633, Upper Merion, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.157 (Discontinuance of Station Operation) Dudlik Construction Co., Inc., WRU742, Huntinton Valley, PA. Philadelphia, PA Office (3/29/00). John S. Posen, Inc., WII34 and WPNU211, Centre Square, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.173 (Policies Governing the Assignment of Frequencies) Area Surveying Consultants, Inc., Colorado Springs, CO. NOV also issued for violation of 47 C.F.R. �� 90.233 and 90.403. Denver, CO Office (3/8/00). 47 C.F.R. � 90.210 (Emission Masks) Metrocall USA, Inc., Alexandria, VA. NOV also issued for violation of 47 C.F.R. � 90.425. Tampa, FL Office (3/15/00). 47 C.F.R. � 90.403 (General Operating
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000813.doc
  • Safe Travel, Inc., Chicago, IL. Chicago, IL Office (3/21/00). Comcast Cablevision of Mercer County, Inc., KLY633, Upper Merion, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.157 (Discontinuance of Station Operation) Dudlik Construction Co., Inc., WRU742, Huntinton Valley, PA. Philadelphia, PA Office (3/29/00). John S. Posen, Inc., WII34 and WPNU211, Centre Square, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.173 (Policies Governing the Assignment of Frequencies) Area Surveying Consultants, Inc., Colorado Springs, CO. NOV also issued for violation of 47 C.F.R. �� 90.233 and 90.403. Denver, CO Office (3/8/00). 47 C.F.R. � 90.210 (Emission Masks) Metrocall USA, Inc., Alexandria, VA. NOV also issued for violation of 47 C.F.R. � 90.425. Tampa, FL Office (3/15/00). 47 C.F.R. � 90.403 (General Operating
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001850.doc
  • HI. Honolulu, HI Resident Agent Office (7/19/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.155 - Time in Which Station Must Be Placed in Operation Frequency Plus Corporation, WPMH-547, East Brunswick, NJ. New York, NY District Office (7/26/00). . Ms. Barbara Merrile, WPMC-977, Brick, NJ. New York, NY District Office (7/26/00). 47 C.F.R. � 90.173 - Policies Governing Assignment of Frequencies Foster Wheeler Environmental, Commerce City, Colorado. Other violations: 47 C.F.R. �� 90.233 (Base/mobile non-voice operations) and 90.403 (General Operating Requirements). Denver, CO District Office (7/21/00). 47 C.F.R. � 90.425 - Station Identification Monsey New Square Trails Corporation, WPJH-744, Alpine, NJ. New York, NY District Office (7/6/00). Fernando Nuesi, d.b.a.Atlantic Car Service, WPMS-544, Brooklyn, NY.
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991914.doc
  • freeze provisions in the 800 MHz Order and erroneously dismissed Atlantic Telecom's request for a finder's preference. We will process Atlantic Telecom's request for a finder's preference for frequency pair 808/853.7625 MHz, licensed under call sign WNNM680 to Aster Water Proofing, Inc. in accordance with the eligibility, procedural, and substantive requirements for finder's requests set forth in Commission Rule Section 90.173(k). IV. Ordering Clause 5. Accordingly, it is hereby ORDERED that, pursuant to the authority delegated in section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, and section 405 of the Telecommunications Act, 47 U.S.C. � 405, the Petition for Reconsideration filed by Atlantic Telecom, Inc. is GRANTED and its finder's preference request is hereby REINSTATED. FEDERAL COMMUNICATIONS COMMISSION William
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991953.doc
  • Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, First Report and Order, Eighth Report and Order, and Second Further Notice of Proposed Rulemaking, 11 FCC Rcd. 1463, 1634, � 416 (1995) (800 MHz Report & Order). See Finder's Preference Report and Order at 7307, � 59. 47 C.F.R. � 90.173(k) (1994). See In the Matter of Crown Communications et al., Memorandum Opinion and Order, DA 99-1646 (WTB: rel. Aug. 17, 1999). Federal Communications Commission DA 99-1953 Federal Communications Commission DA 99-1953 � � � � 0
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991977.doc
  • Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, First Report and Order, Eighth Report and Order, and Second Further Notice of Proposed Rulemaking, 11 FCC Rcd. 1463, 1634, � 416 (1995) (800 MHz Report & Order). See Finder's Preference Report and Order at 7307, � 59. 47 C.F.R. � 90.173(k) (1994). See In the Matter of Crown Communications et al., Memorandum Opinion and Order, DA 99-1646 (WTB: rel. Aug. 17, 1999); see also, In the Matter of Harvey J. Bolin, Memorandum Opinion and Order, DA 99-1953 (WTB: rel. Sept. 23, 1999). Federal Communications Commission DA 99-1977 Federal Communications Commission DA 99-1977 � � T 0 � � �
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992108.doc
  • should not reward Duncan, as a former employee of Morris, with a finder's preference because Duncan failed to notify the Commission of the deconstruction of the five channels for almost six years. The Finder's Preference Program was not designed to adjudicate allegations such as civil claims or alleged violations of Commission rules other than the rule violations specified in section 90.173(k) of the Commission's rules.4 Therefore, we affirm the previous decision to grant Duncan's partial finder's preference request. Ordering Clause Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R. �� 0.331 and 1.106, the
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992158.doc
  • have operated or assigned station WNNM753 to COMQOR. Bowen failed to meet its burden to show that Harding violated section 90.157 of our rules, 47 C.F.R. � 90.157. The Finder's Preference Program was not designed to adjudicate allegations such as civil claims, questions of state law or alleged violations of Commission rules other than the rule violations specified in section 90.173(k) of the Commission's rules.4 Therefore, we affirm the previous decision to deny Bowen's finder's preference request. IV. Ordering Clause Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R. �� 0.331 and 1.106, the
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992170.doc
  • Mobile Radio Stations, Report and Order, RM-6910, 6 FCC Rcd 7297, 7299 � 8 (1991). See Waiver Request at Attachment A. See 47 C.F.R. � 90.155(b). See Amendment of Part 90 of the Commission's Rules to Simplify Certain Procedure for Filing Applications, Report and Order, Docket No. 21350, 70 FCC 2d 501, 502 � 4 (1978). See 47 C.F.R. � 90.173. Federal Communications Commission DA 99-2170 Federal Communications Commission DA 99-2170 tm
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992188.doc
  • Audrey Rasmussen Esq., dated December 6, 1996 (Office of Operations Decision). Request for Finder's Preference filed November 17, 1995. See Amendment of Parts 1 and 90 of the Commission's Rules Concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Report and Order, PR Docket No. 90-481, 6 FCC Rcd. 7297, 7309, � 77 (1991). 47 C.F.R. � 90.173(k) (1994). See In the Matter of Crown Communications et al., Memorandum Opinion and Order, DA 99-1646 (WTB: rel. Aug. 17, 1999). This order is limited to the finder's preference request and does not address Mr. Erickson's Waiver Request. Federal Communications Commission DA 99-2188 Federal Communications Commission DA 99-2188 g h 0 g h
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992409.doc
  • not reward Duncan, as a former employee of Morris, with a finder's preference because the finder's preference program was not intended for this type of retaliatory purpose. While it is true that the Finder's Preference Program was not designed to adjudicate allegations such as civil claims or alleged violations of Commission rules other than the rule violations specified in section 90.173(k) of the Commission's rules,5 Duncan has met his burden to prove that Morris did not construct frequencies 856-860.1125 MHz by the construction deadline of February 2, 1990. Accordingly, we affirm the previous decision to grant Duncan's partial finder's preference request. IV. Ordering Clause Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 405 of the Communications Act of 1934,
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992504.doc
  • not address the merits of Tosco's application in this Order. We will consider Henry's submittals only to the extent that they constitute an informal complaint against ITA's frequency coordination practices. We first note that frequencies in the 450-470 MHz band are available only on a shared basis and will not be assigned for the exclusive use of any licensee. Section 90.173 of the Commission's Rules does not provide a basis for ITA not to coordinate Tosco's proposed use for the applied-for frequencies because they are also being used by Henry. In fact, we believe that effective and efficient use of shared spectrum has allowed the PLMR spectrum to accommodate numerous licensees and transmitters. In its letter, Henry also acknowledges that, in
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992505.doc
  • Band, First Report and Order, Eighth Report and Order, and Second Further Notice of Proposed Rulemaking, PR Docket No. 93-144, 11 FCC Rcd. 1463, 1634, � 416 (1995). Finder's Preference Report and Order, 6 FCC Rcd 7297 (1991). Id. Violations are limited to a licensee's failure to construct, place in operation, or continue operation as noted in 47 C.F.R. � 90.173(k) (1994). See, In the Matter of Joy Rheins, Memorandum Opinion and Order, DA 99-1951 (WTB/CWD: rel. September 22, 1999). Federal Communications Commission DA 99-2505 Federal Communications Commission DA 99-2505 B � � 0 � �
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992520.doc
  • licensees did not have any additional rights in the application process unless they applied for reinstatement within 30 days of when the license expired. 47 C.F.R. � 90.149(a) (1998). See Tom K. Kurian Application, File No. D097968 (filed Oct. 10, 1997); RF Data, Inc. Application, File No. D094608 (filed Nov. 28, 1997). Id. 47 C.F.R � 90.175. 47 C.F.R. � 90.173(b). 47 C.F.R. � 90.143(b). Petition at 2. See Waste Management Collection & Recycling, Inc., Memorandum Opinion and Order, FCC 99-134, at � 11 (rel. June 21, 1999). See id. Federal Communications Commission DA 99-2520 Federal Communications Commission DA � tm 0 - - -
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000149.doc
  • November 27, 1996). See Amendment of Parts 1 and 90 of the Commission's Rules Concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Report and Order, 6 FCC Rcd 7297, 7302-7303 (1991); see also Amendment of Parts 1 and 90 of the Commission's Rules, Memorandum Opinion and Order, 8 FCC Rcd 6690 (1993). Former 47 C.F.R. � 90.173(k). In 1998, Part 90 of the Commission's Rules was amended to eliminate the finder's preference program. See Amendment of Part 90 Concerning the Commission's Finder's Preference Rules, Report and Order, 13 FCC Rcd 23816 (1998). Repeater Communications Finder's Preference Request (filed on August 24, 1994). Id. at 2-3. Id. Id. at Exhibit A-B. Letter from Anne Marie Wypijewski, Wireless Telecommunications
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000367.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ` � Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of ) ) STATE OF WISCONSIN ) File No. D115274 ) For Mobile Radio Service Authorization ) And Request for Waiver of Section 90.173(c) ) of the Commission's Rules ) ORDER Adopted: February 23, 2000 Released: February 25, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION . On October 9, 1998, the State of Wisconsin (Wisconsin) filed an application for mobile radio service authorization and request for waiver of Section 90.173(c) of the Commission's Rules to permit
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000693.doc
  • the respective periods of December, 1995, through September, 1996, and November, 1995, through January, 1997. Both co-channel licensees certified under penalty of perjury that they did not detect any transmissions on the subject channel. 6. We disagree with J&H's contention that this is not an ``exclusively assigned'' channel subject to a finder's preference proceeding. First, we note that former Section 90.173(k) of the Commission's Rules specifically included 470-512 MHz stations. Station WIL269 was authorized to operate in the 470-512 MHz shared band of the former Business Radio Service. Under the pertinent provisions of former Section 90.313(a)(2) of the Commission's Rules, the maximum channel loading on frequencies in the 470-512 MHz band in the former Business Radio Service was ninety (90) units.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000694.doc
  • that an improper frequency coordination occurred and that the frequency should not have been authorized to Schroeder Manatee. FPL also states that discussions between Schroeder Manatee and FPL have taken place and Schroeder Manatee is willing to switch to another frequency, but no suitable frequency is available. On April 21, 1999, FPL filed its Petition for Reconsideration. 3. Discussion. Section 90.173 of the Commission's Rules states that private land mobile radio frequencies in the 450-470 MHz band are available on a shared basis and will not be assigned for the exclusive use of any licensee. There are no provisions in the Commission's Rules concerning mileage separation or loading criteria for frequencies below 470 MHz. Therefore, we do not believe that any
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000933.doc
  • Telecommunications Bureau specifically informed the public that the enactment of the Balanced Budget Act would not change the effect of the rules consolidating the PLMR services. See Rules Adopted in the Refarming Second Report and Order (PR Docket No. 92-235) To Go Into Effect October 17, 1997, Public Notice, 13 FCC Rcd. 8040, 8040 (WTB 1997). See 47 C.F.R. � 90.173. See 47 C.F.R. �� 90.173(f), 90.173(i). One licensee challenges its petitioner's interference contour overlap study, based on the way that it was computed. Dionex Corporation Opposition at 3, 4 (filed Sept. 8, 1999). Because we decide this issue on other grounds, we need not resolve this dispute regarding computation of contour studies. See Douglas R. Thompson d/b/a Cara Enterprises, DA
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001203.doc
  • Docket No. 90-481, 8 FCC Rcd 6690 (1993). Pursuant to this program, an entity that submitted evidence that an existing license had cancelled automatically for failure to construct, place in operation, or continue to operate the station in compliance with the Commission's Rules was entitled to preference for use of the licensed frequencies in the assigned area. 47 C.F.R. � 90.173(k) (1997). In 1998, Part 90 of the Commission's Rules was amended to eliminate the finder's preference program. See Amendment of Part 90 Concerning the Commission's Finder's Preference Rules, Report and Order, WT Docket No. 96-199, 13 FCC Rcd 23816 (1998). Letter From Don J. Honzay, McIntosh Communications, Inc. to FCC dated May 20, 1997. See Letter from David Le Blanc
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001609.doc
  • H.R. Conf. Rep. No. 217, 105th Cong., 1st Sess. at 572 (1997). We disagree, however, with CSAA's suggestion that the Balanced Budget Act requires a reinterpretation of our PLMR frequency coordination procedures. See Landlinx Communications, Order on Reconsideration, DA 99-3038, at � 5 (WTB PSPWD rel. Jan. 3, 2000), recon. pending (filed Jan. 24, 2000) (Landlinx). See 47 C.F.R. � 90.173. See American President Lines, Memorandum Opinion and Order, DA 00-933, � 9 (WTB PSPWD rel. Apr. 28, 2000) (American President); Douglas R. Thompson d/b/a Cara Enterprises, Memorandum Opinion and Order, 15 FCC Rcd. 2816, 2818-19 � 9 (WTB PSPWD 2000); Landlinx, � 4. See 47 C.F.R. � 90.173(b). 47 C.F.R. � 90.35(e). 47 C.F.R. � 90.187(e). This rule was enacted
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001943.doc
  • late filed petition for reconsideration and was subject to dismissal). See n. 9, supra. But see n. 14, supra. Finder's Preference Report and Order at 7305 � 49. Sections 90.155, 90.157, 90.629, 90.631 (e) or (f), and 90.633 (c) or (d) were the only sections the violation of which constituted a basis for a finder's preference request. 47 C.F.R. � 90.173(k). See also Finder's Report and Order at 7305, � 49. Finder's Report and Order at 7308, � 68. Petition at 2-4, �� 3-6. See 47 C.F.R. 90.173(k)(1994). 47 C.F.R. 90.173(k)(3)(1994). Federal Communications Commission DA 00-1943 Federal Communications Commission DA 00-1943 � � � � � � @& � 5 N � 5
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da993038.doc
  • Licensing and Technical Analysis Branch, Private Wireless and Public Safety Division, Wireless Telecommunications Bureau to ITA (September 17, 1998) See Letter from Mark E. Crosby, ITA, to Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau (filed October 26, 1998) (ITA Letter). Id. at 2-4. Id. at 3. Id. 47 C.F.R. � 90.173(a). ITA Letter. at 2. See Petition at 5. 47 C.F.R. � 90.173(b). 47 U.S.C. � 309(j)(2). See Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended, Notice of Proposed Rule Making, WT Docket No. 99-87, 14 FCC Rcd 5206 (1999). See Rules Adopted in the Refarming Second Report and Order (PR Docket No. 92-235) to
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00033.doc
  • 101 Order, 11 FCC Rcd at 13467. Id. at 13467-68. 47 C.F.R. � 101.65(a). 47 C.F.R. �� 101.65(d), 101.305(d). Cox & Smith, Inc. Petition for Clarification and/or Reconsideration at 1 (C&S Petition). See UTC Petition at 9-10. C&S Petition at 1-3. Multipoint Petition for Reconsideration of Part 101 of the Commission's Rules at 3 (Multipoint Petition). See 47 C.F.R. � 90.173(k) (1997). Multipoint Petition at 3. UTC Comments at 5. Id. See 47 C.F.R. � 1.429; see also Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Memorandum Opinion and Order, MM Docket No. 86-289, 4 FCC Rcd 7887 (1989). The Commission eliminated the Part 90 finder's preference program. See Amendment of Part 90 Concerning the Commission's Finder's Preference Rules,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00051.doc
  • a private organization. On December 4, 1992, the Licensing Division denied the petition for reconsideration pointing out that the Coop had not supported its claims of harmful interference with an affidavit from a qualified radio engineer as required by Section 1.106(e) of the Commission's Rules. In its denial letter, the Licensing Division required the parties to meet, pursuant to Section 90.173(b) of the Commission's Rules, so that the parties could make mutually satisfactory arrangements to mitigate congestion resulting from their use of the shared channels. On January 4, 1993, the Coop filed the subject Application for Review of the Licensing Division's denial of its petition for reconsideration. Specifically, the Coop requests that we either dismiss Interstate's licenses on frequency pairs 452.850/457.850
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00097.doc
  • West Coast filed an Opposition to the Application for Review. In its Opposition, West Coast argues that Bell Cab is not the target licensee, but a mere ``proposed assignee'' of the target station. As such, West Coast argues that the Division properly attempted service on Century Transit, and not Bell Cab, of the initial Request. West Coast noted that Section 90.173(k)(4) of the Commission's Rules provides that ``... the Commission shall forward the request to the target licensee's address of record for the subject license and to any `last known address' provided by the finder.'' III. DISCUSSION 9. We disagree with Bell Cab's allegation that the Division improperly failed to serve it with a copy of the Request. The Division properly
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00298.doc
  • award to the first filed finder. See e.g., Letter to James Bishop, Progressive Communications, Inc., from William H. Kellet, Office of Operations, Federal Communications Commission (dated May 1, 1996); Letter to Viking Freight System, from William H. Kellet, Office of Operations, Federal Communications Commission (dated December 20, 1996); see also supra n. 7. See supra � 4. 47 C.F.R. � 90.173(k). Jersey Central, 14 FCC Rcd at 14041-42 � 4-5. Application for Review at 3. Jersey Central, 14 FCC Rcd at 14042 � 5. Id. (continued....) Federal Communications Commission FCC 00-298 Federal Communications Commission FCC 00-298 P Q � � � @& � 0
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991880.doc
  • PLEADINGS As indicated below, petitions to dismiss were filed against finders in the following 800 MHz Specialized Mobile Radio (SMR) finder's preference cases. The finders have requested that the underlying finder's preference request(s) be withdrawn. The Commercial Wireless Division (Division) has reviewed the pleadings and hereby approves the withdrawal of the finder's preference requests in accordance with sections 0.331 and 90.173(k)(1994) of the Commission's rules. The withdrawal of the finder's preference request renders the petitions to dismiss moot. The finders also have requested that their awards be set aside in each case. For further information, contact Don Johnson or Chris Gacek at (202) 418-7240, Wireless Telecommunications Bureau, Commercial Wireless Division, Policy and Rules Branch. Finder Case # Spectrum Resources of the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000199.doc
  • for review and petition for reconsideration. The Division hereby cancels the 5 SMR licenses listed below and awards finder's preferences to the respective finders in each case listed. The Division has further reviewed the proposed settlements and hereby approves the withdrawal of the applications for review and the petition for reconsideration in accordance with sections 0.331, 1.106, 1.115, 1.935, and 90.173(k)(1994) of the Commission's rules1 and the Bureau's Public Notice waiving limitations on settlement agreements among parties in contested licensing cases.2 Petitioner Target Licensee Case No. / Call Sign Action Leflore Com Inc. Doris Shaw 96F120 / WPFA415 Application For Review Withdrawn Leflore Com Inc. Barbara Taylor 96F121 / WPEP579 Application For Review Withdrawn Comm Assoc. Samuel Z. Silver 95F829 /
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000228.html
  • [36]http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000392.doc JENNER, CA, CULVER, IN, LAKE ISABELLA, CA. Proposed amendment of FM Table of Allotments for these communities comments due April 17, replies May 2. Dkt No.: MM- 00-33, MM- 00-34, MM- 00-35. Action by Chief, Allocations Branch. Adopted: February 16, 2000. by NPRM. (DA No. 00-394). MMB Internet URL: [37]http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/da000394.doc STATE OF WISCONSIN. Conditionally granted the waiver of Section 90.173 and ordered the application for modification of Station KQO228 to be processed. Action by Chief, Public Safety and Private Wireless Division. Adopted: February 23, 2000. by Order. (DA No. 00-367). WTB Internet URL: [38]http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000367.doc ADDENDA: The following items, released February 23, 2000, did not appear in Digest No. 34: ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- ASSIGNMENT OF AUTHORIZATIONS FROM METROLINK, INC.
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-266448A1.html
  • authorized to operate radio systems in the frequency bands above 150 MHz are permitted to employ signal boosters, subject to the requirement that the booster retransmits only the licensee's authorized frequencies and that the licensees are responsible for correcting any harmful interference such equipment may cause to other systems. Any harmful interference must be resolved as set forth in Section 90.173(b) of the Rules, which provides that licensees of stations suffering or causing harmful interference are expected to cooperate and resolve the interference problem through mutually satisfactory arrangements. If the licensees are unable to do so, the Commission may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation of the stations concerned. Although the interference
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-280827A1.html
  • following address: Federal Communications Commission Columbia Office 9200 Farm Hose Lane Columbia, Maryland 21046 You are cautioned that your failure to correct the noted problems and to reach, in a timely manner, a mutually satisfactory arrangement for use of the shared spectrum with other users, may result in the imposition of time-of operation conditions and/or other operating restrictions under Section 90.173(b). 4. This Notice shall be sent to Yellow Cab Co. of DC Inc. at its address of record. 5. The Privacy Act of 1974 requires that we advise you that the Commission will use all relevant material information before it, including any information disclosed in your reply, to determine what, if any, enforcement action is required to ensure compliance. Any
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-291967A1.html
  • radio station WPIN813 in Lakewood, Colorado. 2. On April 24, and on April 30, 2009, agents of the Enforcement Bureau's Denver Office investigated a complaint of interference to 154.650 MHz in the area of Longmont, Colorado. An agent monitored and inspected radio station WPIN813, located at the Buckhorn Mountain Radio site, and observed the following violations: a. 47 C.F.R. S: 90.173(b): "All applicants and licensees shall cooperate in the selection and use of frequencies in order to reduce interference and make the most effective use of the authorized facilities." KNS operated WPIN813 on 154.640 MHz and failed to properly monitor adjacent channel activity on 154.650 MHz. b. 47 C.F.R. S: 90.403(e): "Licensees shall take reasonable precautions to avoid causing harmful interference.
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-298530A1.html
  • 08' 46.6" west longitude with a street address of 1025 Eldorado Boulevard, Broomfield, Colorado. At the time of the investigation, the agent observed that Level 3 was operating station WPSR382 at the measured coordinates of 39-o 55' 22" north latitude and 105-o 08' 39" west longitude, with a street address of 1025 Eldorado Boulevard, Broomfield, Colorado. b. 47 C.F.R. S: 90.173(b): "All applicants and licensees shall cooperate in the selection and use of frequencies in order to reduce interference and make the most effective use of the authorized facilities." At the time of the investigation, the agent observed that Level 3 operated WPSR382 on 463.725 MHz and failed to properly monitor co-channel activity on 463.725 MHz. c. 47 C.F.R. S: 90.403(e):
• http://www.fcc.gov/eb/Orders/2003/DA-03-795A1.html
  • Partners, Inc., et al. (``Nextel'') pursuant to section 208 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. 208. The complaint alleged, inter alia, that Nextel and certain of its affiliates were knowingly causing harmful interference to Centre's incumbent 800 MHz facilities, in violation of section 333 of the Act, 47 U.S.C. 333, and sections 90.403(e) and 90.173(b) of the Commission's rules, 47 C.F.R. 90.403(e) and 90.173(b). On March 7, 2003, Centre filed a Motion to Withdraw Formal Complaint (``Motion to Withdraw'')1 stating that the parties have entered into a Settlement Agreement/Mutual Release that effectively resolves all disputes in the above-referenced matter. The Motion to Withdraw further stated that counsel for Nextel had reviewed the motion, and had
• http://www.fcc.gov/eb/Orders/2007/DA-07-4678A1.html
  • to Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004). See 47 C.F.R. S:S: 1.9001(b). See 47 C.F.R. S:S: 1.9030(e) and 1.9035(e). See Paul McCarty Letter at 1. See NAL Response at 1. See 47 C.F.R. S:S: 90.173 and 1.9001(b). See 47 C.F.R. S:S: 90.173, 1.9001(b), 1.9030(e) and 1.9035(e). See NAL, 21 FCC Rcd at 13414-15, P: 11. See also The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 17106-07 (1997), recon. denied, 15 FCC Rcd 303 (1999). See NAL, 21 FCC Rcd at 13413-14,
• http://www.fcc.gov/eb/Public_Notices/DA-02-1238A1.html
  • of Transmission * MariTel Mississippi River, Inc., Gulfport, MS. New Orleans, LA District Office (4/12/02). 47 C.F.R. Part 87 Aviation Services * 47 C.F.R. 87.187 Frequencies * Jon Freidemann, Hillsboro, OR. Portland, OR Resident Agent Office (4/2/02). * Corporate Air, Honolulu, HI. Honolulu, HI Resident Agent Office (4/12/02). 47 C.F.R. Part 90 Private Land Mobile Radio Services * 47 C.F.R. 90.173 Policies Governing the Assignment of Frequencies * M.A. Mortenson Company, WPSH289, Denver, CO. Other violations: 47 C.F.R. 90.233 (Base/Mobile Non-Voice Operations) and 90.403 (General Operating Requirements). Denver, CO District Office (4/5/02). * 47 C.F.R. 90.403 General Operating Requirements * Willbros Engineers, Inc., Tulsa, OK. Tampa, FL District Office (4/3/02). * Tri Com Sales, WNSA666, New Windsor, NY. New York, NY
• http://www.fcc.gov/eb/Public_Notices/DA-02-929A1.html
  • Angeles, CA. Los Angeles, CA District Office (3/5/02). * N N S Inc., Corvina, CA. Los Angeles, CA District Office (3/5/02). * United Independent Taxi Drivers, Inc., Los Angeles, CA. Los Angeles, CA District Office (3/5/02). * City of Vista, CA, KRO431. San Diego, CA District Office (3/13/02). * Universal Ensco (DBA: GeoPlane Services), Portland, OR. Other violation: 47 C.F.R. 90.173 (Policies Governing the Assignment of Frequencies). Portland, OR Resident Agent Office (3/18/02). CITATIONS Communications Act * 47 U.S.C. 302 Devices Which Interfere With Radio Reception * Abie Hamideh d.b.a. Planet Wireless, Garland, TX. Dallas, TX District Office (3/4/02). * Salena Kinney, Earl Troutman, and Rigo Ochoa d.b.a. Arken Communications, Plano, TX. Dallas, TX District Office (3/4/02). * Mr. Michael B.
• http://www.fcc.gov/eb/Public_Notices/da001850.doc http://www.fcc.gov/eb/Public_Notices/da001850.html
  • HI. Honolulu, HI Resident Agent Office (7/19/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.155 - Time in Which Station Must Be Placed in Operation Frequency Plus Corporation, WPMH-547, East Brunswick, NJ. New York, NY District Office (7/26/00). . Ms. Barbara Merrile, WPMC-977, Brick, NJ. New York, NY District Office (7/26/00). 47 C.F.R. � 90.173 - Policies Governing Assignment of Frequencies Foster Wheeler Environmental, Commerce City, Colorado. Other violations: 47 C.F.R. �� 90.233 (Base/mobile non-voice operations) and 90.403 (General Operating Requirements). Denver, CO District Office (7/21/00). 47 C.F.R. � 90.425 - Station Identification Monsey New Square Trails Corporation, WPJH-744, Alpine, NJ. New York, NY District Office (7/6/00). Fernando Nuesi, d.b.a.Atlantic Car Service, WPMS-544, Brooklyn, NY.
• http://www.fcc.gov/eb/Public_Notices/da00813.doc http://www.fcc.gov/eb/Public_Notices/da00813.html
  • Safe Travel, Inc., Chicago, IL. Chicago, IL Office (3/21/00). Comcast Cablevision of Mercer County, Inc., KLY633, Upper Merion, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.157 (Discontinuance of Station Operation) Dudlik Construction Co., Inc., WRU742, Huntinton Valley, PA. Philadelphia, PA Office (3/29/00). John S. Posen, Inc., WII34 and WPNU211, Centre Square, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.173 (Policies Governing the Assignment of Frequencies) Area Surveying Consultants, Inc., Colorado Springs, CO. NOV also issued for violation of 47 C.F.R. �� 90.233 and 90.403. Denver, CO Office (3/8/00). 47 C.F.R. � 90.210 (Emission Masks) Metrocall USA, Inc., Alexandria, VA. NOV also issued for violation of 47 C.F.R. � 90.425. Tampa, FL Office (3/15/00). 47 C.F.R. � 90.403 (General Operating
• http://www.fcc.gov/eb/Public_Notices/da011019.doc http://www.fcc.gov/eb/Public_Notices/da011019.html
  • Aviation Services 47 C.F.R. � 87.193 - Scope of Service Ray Hammons, Jr., Corporation, Wilmington, DE. San Francisco, CA District Office (3/19/01). 47 C.F.R. Part 90 -Private Land Mobile Radio Services 47 C.F.R. � 90.155 - Time in which Station Must Be Placed in Operation Klaus D. Kramer (KNJM968), Oklahoma City, OK. Dallas, TX District Office (3/12/01). 47 C.F.R. � 90.173 - Policies Governing the Assignment of Frequencies GP Solutions, Denver, Colorado. Other violations: 47 C.F.R. �� 90.233 (Base/Mobile Non-Voice Operations) and 90.403 (General Operating Requirements). Denver, CO District Office (3/15/01). 47 C.F.R. � 90.403 - General Operating Requirements Atlantic Wireless, Inc, WPMM-224, Rochelle Park, NJ. Other violation: 47 C.F.R. � 90.425 (Station Identification). New York, NY District Office (3/30/01). CITATIONS
• http://www.fcc.gov/eb/Public_Notices/da012540.html http://www.fcc.gov/eb/Public_Notices/da012540.pdf
  • Broadcasting Co., Inc., WMCI(AM), Huntington, WV. $20,000 NAL. Other violations: 47 C.F.R. 73.1350 (Transmission System Operation), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (9/21/01). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Stantec Consulting, Inc., Denver, CO. Other violations: 47 C.F.R. 1.947 (Modification of License), 90.173 (Policies Governing the Assignment of Frequencies), 90.233 (Base/Mobile Non Voice Operations), and 90.403 (General Operating Requirements). Denver, CO District Office (9/17/01). * Kanab Lions TV, Kanab, UT (Facility ID 33307). Other violation: 47 C.F.R. 74.15 (Station License Period). Denver, CO District Office (9/18/01) * Kanab Lions TV, Kanab, UT (Facility ID 33306). Other violation: 47 C.F.R. 74.15 (Station License Period).
• http://www.fcc.gov/fcc-bin/audio/DA-03-2196A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-2196A1.pdf
  • regulations ``show its broad authority over RFI issues''). The Court noted that a function of the Commission's Compliance and Information Bureau, with assistance from the Wireless Telecommunications Bureau, is to ``[r]educe or eliminate interference to authorized communciations.'' See 47 C.F.R. �� 0.111(e), 0.131(h). The Commission has promulgated rules to resolve interference disputes. See, e.g., 47 C.F.R. �� 22.353, 24.237, 27.58, 90.173(b), 90.403(e). The Commission can assess a forfeiture for failure to comply with an FCC permit or license. See 47 C.F.R. � 1.80(a)(1), (b)(4) (suggested forfeiture amount for interference is $7,000 per violation). 199 F.3d at 1192 (citing 960 Radio and Mobilecomm). Id. at 1189 (citing Letter from David L. Furth, Chief, Commercial Wireless Division, Wireless Telecommunications Bureau, to Roger Kroh,
• http://www.fcc.gov/ogc/documents/opinions/1997/keller.html http://www.fcc.gov/ogc/documents/opinions/1997/keller.wp
  • frequency coordinator missed, appellant Keller Communications, Inc., an operator of several frequencies in the area, filed a "finder's preference request" for Greene's license. One who alerts the Commission to the existence of a license that has expired due to the license holder's failure to construct a station in time may receive an exclusive license for the discovered channel. See id. 90.173(k). But because finder's preference requests could not be filed until 180 days after the construction deadline, Keller's filing was fatally premature. See 47 C.F.R. 90.173(k)(2) (1992); Amendments of Parts 1 and 90, 6 F.C.C.R. at 7307 ("[W]e establish a 180-day window ... during which we will not accept any finder's requests filed against [the target] licensee."). Although Greene later sub-mitted
• http://www.fcc.gov/ogc/documents/opinions/1998/cassell.html http://www.fcc.gov/ogc/documents/opinions/1998/cassell.wp
  • identifying more unused channels and reassigning them to persons who will use them effectively." Id. Under the finder's preference program, if an applicant presents the FCC with evidence that leads to the cancellation of a license due to the licensee's noncompliance with certain regulations, the applicant is entitled to seek a dispositive preference for the recovered frequencies. See 47 C.F.R. 90.173(k); see also Keller Communications, Inc. v. FCC, 130 F.3d 1073, 1075 (D.C. Cir. 1997). A finder, however, must be independently eligible for a license for the frequencies in question, see 47 C.F.R. 90.173(k), and the FCC retains the "right to assure that the awarding of the preference is in the public interest...." Report and Order, 6 F.C.C.R. at 7303 n.64.
• http://www.fcc.gov/ogc/documents/opinions/2005/04-1014-011105.pdf
  • Commission, argued the cause for the appellee. John A. Rogovin, General Counsel, and Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, were on brief for the appellee. Roberta L. Cook, Counsel, Federal Communications Commission, entered an appearance. Before: EDWARDS, HENDERSON and GARLAND, Circuit Judges. Opinion for the court filed by Circuit Judge HENDERSON. 2 1 See 47 C.F.R. � 90.173(k) ("This paragraph is only applicable to entities with Finder's Preference requests pending before the Commission as of July 29, 1998."). KAREN LECRAFT HENDERSON, Circuit Judge: James Kay (Kay) appeals an order of the Federal Communications Commission (Commission) denying his application for review of the decision of the Commission's Wireless Telecommunications Bureau (Bureau) finding untimely the "finder's preference" request Kay filed