FCC Web Documents citing 90.699

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

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  • system is trunked is not a justification for additional testing, because whether a system is trunked or conventional has no impact on its signal strength or coverage. Maryland also asserts that the drive testing it proposes is needed to ensure that its post-retuning system will provide ``the same quality of service as the facilities being replaced,'' as provided in Section 90.699(d)(3) of the Commission's rules. We disagree. Section 90.699(d)(3) defines ``service quality'' as ``the same level of interference protection on the new system as on the old system.'' The rule also provides that in the case of voice service, ``voice quality on the new system must be equal to the new system,'' and reliability of service is an ``integral'' factor. In
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  • to replace CDOC's non-NPSPAC-capable Category B radios with NPSPAC-capable radios. Under the 800 MHz Report and Order, Sprint must provide all relocating licensees with comparable facilities. In defining ``comparable facilities'' for 800 MHz rebanding purposes, the Commission adopted the long-standing definition of the term that had been applied in an earlier 800 MHz rulemaking, and codified this definition in Section 90.699(d) of the Commission's rules. Under this definition, the licensee responsible for relocation ``must provide the relocated incumbent with a comparable system.'' The characteristics of a comparable system are ``defined functionally from the end user's point of view,'' and include both base station facilities ``and all mobile units associated with those base stations.'' In the Tazewell decision, we applied this definition
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  • tighter emission mask requirements (Emission Mask G) than licensees that operate outside of the NPSPAC band (Emission Mask H). See 47 C.F.R. � 90.210. Letter from Hanford Thomas, Director, Statewide Wireless Network Office, New York State Office for Technology, to Ms. Marlene Dortch, Secretary, Federal Communications Commission, at 2 (New York State Comments). 47 C.F.R. � 90.677(f). 47 C.F.R. � 90.699(d). FNPRM, 22 FCC Rcd at 19272 � 17. Id. Michigan Comments at 9; Michigan Reply Comments at 3-4; Region 33 Reply Comments at 5. Michigan Comments at 11. Michigan Comments at 9; Region 33 Reply Comments at 4; Michigan Reply Comments at 3. FNPRM, 22 FCC Rcd at 19268-69 � 7. Id. Comments of Consumers Energy Company at 7-11 (Consumers
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  • Rcd at 15077 � 201. See also Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, Second Report and Order, 12 FCC Rcd 19079, 19112-13 �� 89-95 (1997). (Defining comparable facilities in the context of Economic Area licensees' relocation of incumbent site-based SMR licensees.) See 47 C.F.R. � 90.699(d) (``The replacement system provided to an incumbent . . . must be at least equivalent to the existing system''). 800 MHz Report and Order �� 26, 148. Houston PRM at 10-11; Sprint Reply at 5, 7. Houston PRM at 11-13; Houston Statement at 8. Houston Statement at 5. Id. at 7-8. Houston states that ``Motorola's SOW notes that certain radios
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  • service as the incumbent's existing facilities, with transition to the new facilities as transparent as possible to the end user. Specifically, (1) equivalent channel capacity; (2) equivalent signaling capability, baud rate and access time; (3) coextensive geographic coverage; and (4) operating costs. See 800 MHz Report and Order, 19 FCC Rcd at 15077 � 201. See also, 47 C.F.R. � 90.699(d). The Commission addressed the issue of unacceptable interference at length in the 800 MHz rebanding orders. See 800 MHz Report and Order, 19 FCC Rcd at 15021-15045 �� 88 -141; 800 MHz Supplemental Order, 19 FCC Rcd at 25136-25143 �� 37-50; 800 MHz MO&O, 20 FCC Rcd at 16037- 16040 �� 50-58. It codified the procedures for measuring and resolving
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  • relocation at issue there, it would exercise its Section 316 authority. Section 316 provides that any station license or construction permit may be modified by the Commission for a limited time or for the duration of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience and necessity. See 47 C.F.R. � 90.699. See 47 C.F.R. � 90.699(c). In that connection, we note that there currently is no Commission-certified infrastructure equipment for the 700 MHz band where Nextel proposes to relocate incumbent Business, Industrial/Land Transportation and SMR licensees. See Nextel Proposal at 47-48. Id. Id. at 47. Id. at 47-48. 47 C.F.R. � 1.1166. 47 U.S.C. � 159(d). See Nextel Proposal at 47-48.
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  • Report at 49. Id. A detailed description of the Coalition transition process is contained in Appendix C. Coalition Plan, Appendix B at 5. Id., Appendix B at 28-29. Id., Appendix B at 13. Id., Appendix B at 14. Id., Appendix B at 21-28. The Coalition does not propose that any MDS licensees receive compensation from Proponents. See 47 C.F.R. � 90.699. Comments of MMDS Licensee Coalition (``MMDS Licensees''), filed November 14, 2002, at 3. Id. 47 U.S.C. � 316(a). We note that converting existing licensees to geographic service area licenses would eliminate the need to modify authorizations for individual transmitters. 47 C.F.R. � 1.87. See Amendment of Part 22 of the Commission's Rules to Provide for Filing and Processing of Applications
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  • days. By this Public Notice, we grant a 90-day extension of the mandatory negotiation period from December 4,2000 to March 5, 2001. We are taking this action in order to give EA licensees and incumbents who have suspended 1 The one-year mandatory negotiation period follows the one-year voluntary negotiation period, which began on December 4, 1998. See 47 C.F.R. �� 90.699(b)(l) & (2); Public Notice, "Wireless Telecommunications Bureau Announces the Commencement of the Voluntary Negotiation Period for the Relocation of Incumbent Licensees in the 800 MHz Band," DA 98-2434 (rel. Dec. 4, 1998). Accordingly, the mandatory negotiation period currently runs from December 4, 1999, to December 4, 2000. 2 Letter from Lawrence R. Krevor, Nextel Communications, Inc.. to Thomas Sugrue, Chief
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  • Bureau (Bureau) hereby seeks comment on a Petition for Declaratory Ruling filed by Nextel Communications, Inc. (Nextel), on October 26, 2000 (Petition). One of Nextel's subsidiaries, Nextel License Acquisition Corp. (NLAC), and one of its affiliates, Nextel WIP Corp., are Economic Area (EA) licensees in the upper 200 channels of the 800 MHz band. Nextel states that, pursuant to Section 90.699 of the Commission's Rules, it is conducting relocation negotiations with incumbent licensees in the upper 200 channels of the 800 MHz band on behalf of both NLAC and Nextel WIP Corp. Nextel states that ``[a] small number of incumbents have explicitly taken the position that there is no requirement under the Commission's rules or policies for them to provide any
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  • Closes: Winning Bidders in the Auction of 525 Specialized Mobile Radio Licenses, 12 FCC Rcd. 20417 (1997). Public Notice, FCC Announces the Corrected Conditional Grant of 800 MHz SMR Licenses, 13 FCC Rcd. 5054 (1998). (Conditional Grant Public Notice). See In the matter of High Tech Communications, Order , DA 99-1788, (WTB rel. Sept. 2, 1999). See 47 C.F.R. � 90.699. d � ... � � � � � � � � � � � � � � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv
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  • Commission does not accept any applications for new site-specific licenses in the General Category Pool. In this connection, the Commission concluded an auction, Auction No. 34, of 1,050 General Category licenses in September 2000. Nonetheless, we note that frequency coordination is required for modification applications filed by incumbent General Category licensees, as well as for certain ``relocation'' applications under Section 90.699 of the Rules. DISCUSSION Procedural Issues Before we reach the merits of AASHTO and IAFC/IMSA's requests, we must first address certain procedural issues raised by the commenters. First we must determine whether to proceed under delegated authority on an ad hoc basis or initiate a full rulemaking proceeding. APCO urges the Bureau to initiate a full rulemaking proceeding, combining the
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  • to provide basic system-specific technical data when requested by an EA licensee constitutes bad faith that would subject the incumbent to a license revocation proceeding; and (4) an incumbent's refusal to provide system-specific technical data should create a presumption that a relocation plan developed by the EA licensee based only on public information meets the four-factor comparability test under Section 90.699(d) of the Commission's Rules. II. Discussion 4. The Commission's PCS/Microwave Relocation Order informs our discussion of good faith negotiations in this proceeding. In that order, the Commission stated that ``the question of whether parties are negotiating in good faith typically requires consideration of all the facts and circumstances underlying the negotiations, and thus is likely to depend on the specific
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  • licensee of various Specialized Mobile Radio Service (``SMR'') stations in the 800 MHz band in California, filed a petition for declaratory ruling (``Petition'') pursuant to section 1.2 of the Commission's rules, seeking to clarify the meaning of section 90.621(b)(2) of the rules. The request for clarification apparently stems from negotiations between Pacific and Nextel Communications, Inc. (``Nextel'') pursuant to section 90.699(b)(2) of the Rules. Certain facilities operated by Pacific involve transmitters located in Northern California north of 35 degrees latitude and west of 118 degrees longitude (``Protected Area''). Moreover, Pacific employs a high tower-high power design at some of its sites in the Protected Area. Pacific and Nextel apparently have taken different positions regarding the level of co-channel protection that must
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  • Commercial Wireless Division, at (202) 418-7444. 47 C.F.R. � 90.621(b)(2). See Public Notice, ``Wireless Telecommunications Bureau Seeks Comment on Pacific Wireless Technologies, Inc. Petition for Declaratory Ruling,'' DA 01-623 (CWD rel. March 9, 2001). In the Public Notice, the Bureau noted that Pacific's request for clarification regarding rule section 90.621(b)(2) stemmed from negotiations between Pacific and Nextel pursuant to section 90.699 of the Commission's rules. See 47 C.F.R. � 90.699. See Comments of Nextel Communications, Inc., filed March 30, 2001. See Comments of Applied Technology Group, Inc., filed March 23, 2001. See Comments of James A. Kay, Jr., filed March 28, 2001. See Reply Comments of Pacific Wireless Technologies, Inc., filed April 11, 2001. See Memorandum Opinion and Order, DA 01-2685
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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 Nextel Communications Request for Reinstatement of Applications for Relocation of 800 MHz Upper 200 Channels Pursuant to Section 90.699 of the Commission's Rules ) ) ) ) ) ) File Nos. D141263, D141372 ORDER Adopted: March 18, 2002 Released: March 19, 2002 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: On April 21, 2000, Nextel License Holdings 1, Inc. filed the above-captioned application assigned File Number D141263, and Patterson Communications & Electronics (Patterson) filed
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  • Inc. (``Slater'') pursuant to section 208 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. � 208, and sections 1.711-1.718 of the Commission's rules, 47 C.F.R. �� 1.711-1.718. The complaint alleged that Slater had refused to negotiate in good faith with Nextel for the relocation of Slater's ``upper 200'' channel 800 MHz facilities, in violation of section 90.699 of the Commission's Rules, 47 C.F.R. � 90.699. On March 24, 2003, Nextel filed a ``Motion to Dismiss Complaint Without Prejudice'' (``Motion to Dismiss'') stating that the parties had entered into a settlement pursuant to an Asset Exchange Agreement under which Slater's ``upper 200'' 800 MHz licenses will be relocated in accordance with 47 C.F.R. �90.699. The Motion to Dismiss
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  • formal complaint against David M. Allen and Allen Wireless Group (``Allen'') 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 Allen had refused to negotiate in good faith with Nextel for the relocation of Allen's ``upper 200'' channel 800 MHz facilities, in violation of section 90.699 of the Commission's rules, 47 C.F.R. � 90.699. On January 17, 2003, Nextel filed a Motion to Dismiss Complaint Without Prejudice (``Motion to Dismiss'') which stated that the parties had entered into a settlement pursuant to an Asset Exchange Agreement under which Allen's ``upper 200'' 800 MHz licenses will be relocated in accordance with 47 CFR �90.699. The Motion to
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  • this Commission a formal complaint against Supreme Radio Communications, Inc. (``Supreme'') 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 Supreme had refused to negotiate in good faith with Nextel for the relocation of Supreme's ``upper 200'' channel 800 MHz facilities, in violation of section 90.699 of the Commission's rules, 47 C.F.R. � 90.699. 2. On November 5, 2003, Nextel filed a Motion to Dismiss Complaint Without Prejudice (``Motion to Dismiss'') stating that the parties had entered into a settlement pursuant to an Asset Exchange Agreement under which Supreme's ``upper 200'' 800 MHz licenses will be relocated in accordance with 47 CFR � 90.699. It further
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  • wholly-owned subsidiary, Nextel License Holdings 4, Inc. (Nextel), is the licensee of EA 064 (Chicago-Gary-Kenosha), Blocks A, B, and C, which contain the five frequencies on which the subject Chicago stations operate. Chicago and Nextel have jointly requested that the Commission grant a waiver of the inter-category sharing freeze in order to facilitate the relocation of Chicago, pursuant to Section 90.699 of the Commission's Rules, to five Business Pool channels in the 800 MHz band. Furthermore, Nextel has indicated its consent to Chicago's proposed operation on those frequencies. Chicago initially filed its modification application for Station WNDW413 on November 28, 2001. The Bureau's Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch returned the application, because it included neither
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  • (Bureau) approves a Settlement Agreement between Supreme Radio Communications, Inc. (Supreme Radio) and Nextel Communications, Inc. (Nextel), and dismisses with prejudice Supreme Radio's Petition for Reconsideration (filed 5/16/02) of the grant of certain licenses issued to Nextel. On October 31, 2003, Nextel and Supreme Radio entered into an Asset Exchange Agreement (Settlement Agreement) providing for the relocation, pursuant to section 90.699 of the Commission's Rules, of Supreme Radio's upper 200 channel 800 MHz incumbent stations authorized within the economic area (EA) licensed to Nextel. On November 6, 2003, Supreme Radio filed a Withdrawal of Petition for Reconsideration (Withdrawal Request) and the Settlement Agreement. The Mobility Division has reviewed the Settlement Agreement and the Withdrawal Request and finds that they raise no
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  • licenses and to provide procedures for the auction winner to relocate incumbent licensees to comparable spectrum. The Commission determined that it was best to rely on market forces to accomplish the relocation and only in instances where the parties failed to reach an agreement and the EA licensee requested intervention would the Commission become involved and order involuntary relocation. Section 90.699 of the Commission's rules establishes a mechanism whereby an EA licensee may arrange for the relocation of an incumbent licensee's site-based 800 MHz system operating in the upper 800 MHz band to comparable spectrum in the lower 800 MHz band. The relocation procedures consist of a one-year voluntary negotiation period during which the EA licensee and the incumbent may negotiate
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  • test is whether the harm ``will in fact occur.''). Id. Id., citing Connecticut v. Massachusetts, 282 U.S. 660, 674 (1931) and Ashland Oil, Inc. v. FTC, 409 F. Supp. 297, 307 (D.D.C.), aff'd 548 F.2d 977 (D.C. Cir. 1976.) Id. , infra. See 800 MHz R&O 19 FCC Rcd at 14972-3 � 2, 15048 � 148. See 47 C.F.R. � 90.699. See Nextel Opposition at 8-10. 800 MHz R&O, 19 FCC Rcd at 14980-82 �� 17-18. Id. at 15027 � 101. Id. at 15036 � 119. Motion at 15-16. We recognized in the 800 MHz R&O that piecemeal band reconfiguration was undesirable and therefore required Nextel to obtain a letter of credit to ensure that band reconfiguration would be accomplished, nationwide,
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  • 56. Chevron PRM at 14-15. Id. at 15. Id. Id. at 5. The TA intends to relocate three NPSPAC systems to the frequencies in question, and these systems will operate at sites as close to 16.51 km to the Richmond refinery. Id. at 15-16; citing 800 MHz R&O, 19 FCC Rcd at 15077 (� 201); see also 47 C.F.R. � 90.699(d). See Reply of Nextel Communications Inc. to the Proposed Resolution Memorandum of Chevron USA, Inc., filed January 13, 2006 with the TA (Sprint Reply) at 5-6. Id. Id. at 6-7. Id. See 47 C.F.R. � 90.621(b), which specifies how frequencies are assigned on the basis of distance between base stations. See also Co-Channel Protection Criteria for Part 90, Subpart S
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  • would lack an operational capability that the County's existing radios possess. As discussed below, we find Sprint's position to be inconsistent with the comparable facilities standard. In defining ``comparable facilities'' for purposes of this proceeding, the Commission adopted the definition of the term that was applied to 800 MHz licensees from an earlier rulemaking, and that is codified in Section 90.699(d) of the Commission's rules. Under that definition, the first requirement of the comparable facilities standard is that the licensee responsible for relocation ``must provide the relocated incumbent with a comparable system.'' The characteristics of the system are ``defined functionally from the end user's point of view,'' and include both base station facilities ``and all mobile units associated with those base
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  • system is trunked is not a justification for additional testing, because whether a system is trunked or conventional has no impact on its signal strength or coverage. Maryland also asserts that the drive testing it proposes is needed to ensure that its post-retuning system will provide ``the same quality of service as the facilities being replaced,'' as provided in Section 90.699(d)(3) of the Commission's rules. We disagree. Section 90.699(d)(3) defines ``service quality'' as ``the same level of interference protection on the new system as on the old system.'' The rule also provides that in the case of voice service, ``voice quality on the new system must be equal to the new system,'' and reliability of service is an ``integral'' factor. In
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  • to replace CDOC's non-NPSPAC-capable Category B radios with NPSPAC-capable radios. Under the 800 MHz Report and Order, Sprint must provide all relocating licensees with comparable facilities. In defining ``comparable facilities'' for 800 MHz rebanding purposes, the Commission adopted the long-standing definition of the term that had been applied in an earlier 800 MHz rulemaking, and codified this definition in Section 90.699(d) of the Commission's rules. Under this definition, the licensee responsible for relocation ``must provide the relocated incumbent with a comparable system.'' The characteristics of a comparable system are ``defined functionally from the end user's point of view,'' and include both base station facilities ``and all mobile units associated with those base stations.'' In the Tazewell decision, we applied this definition
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  • tighter emission mask requirements (Emission Mask G) than licensees that operate outside of the NPSPAC band (Emission Mask H). See 47 C.F.R. � 90.210. Letter from Hanford Thomas, Director, Statewide Wireless Network Office, New York State Office for Technology, to Ms. Marlene Dortch, Secretary, Federal Communications Commission, at 2 (New York State Comments). 47 C.F.R. � 90.677(f). 47 C.F.R. � 90.699(d). FNPRM, 22 FCC Rcd at 19272 � 17. Id. Michigan Comments at 9; Michigan Reply Comments at 3-4; Region 33 Reply Comments at 5. Michigan Comments at 11. Michigan Comments at 9; Region 33 Reply Comments at 4; Michigan Reply Comments at 3. FNPRM, 22 FCC Rcd at 19268-69 � 7. Id. Comments of Consumers Energy Company at 7-11 (Consumers
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  • Rcd at 15077 � 201. See also Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, Second Report and Order, 12 FCC Rcd 19079, 19112-13 �� 89-95 (1997). (Defining comparable facilities in the context of Economic Area licensees' relocation of incumbent site-based SMR licensees.) See 47 C.F.R. � 90.699(d) (``The replacement system provided to an incumbent . . . must be at least equivalent to the existing system''). 800 MHz Report and Order �� 26, 148. Houston PRM at 10-11; Sprint Reply at 5, 7. Houston PRM at 11-13; Houston Statement at 8. Houston Statement at 5. Id. at 7-8. Houston states that ``Motorola's SOW notes that certain radios
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  • loss is for Genesee to use the two non-NPSPAC channels recommended by Sprint. The TA Mediator observes, however, that if Genesee were to continue to use the current two FRED channels in the NPSPAC band, but with reduced deviation, that the potential remedial steps proposed by Genesee's consultant and Sprint ``provide a reasonable alternative.'' The TA Mediator, noting that Section 90.699(d)(3) the Commission's rules defines ``service quality'' in terms of ``the end user enjoy[ing] the same level of interference protection on the new system as on the old system,'' acknowledges Genesee's concern about receiving interference if it operates within 1 MHz of the ESMR band. The TA Mediator concludes, however, that Genesee has overlooked ``two pertinent issues specific to its situation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1838A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1838A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1838A1.txt
  • also deletes rule provisions that provided a framework for the relocation of incumbent site-based licensees in the upper 200 channels of the 800 MHz Band by incoming geographically-based (EA) licensees. These provisions were a component of the 1995 reconfiguration of the 800 MHz band from site-based to geographic-based service that has since been completed. Accordingly, these provisions, 47 C.F.R. � 90.699(a)-(c), (e)-(f), are without current legal effect and are deleted as obsolete. The rule amendments adopted in this Order and set forth in the attached Appendix are ministerial, nonsubstantive, editorial revisions of the rules under 47 C.F.R. �� 0.231(b) and 0.392(e). The revisions adopted in this Order merely delete obsolete rule provisions and we find good cause to conclude that notice
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  • service as the incumbent's existing facilities, with transition to the new facilities as transparent as possible to the end user. Specifically, (1) equivalent channel capacity; (2) equivalent signaling capability, baud rate and access time; (3) coextensive geographic coverage; and (4) operating costs. See 800 MHz Report and Order, 19 FCC Rcd at 15077 � 201. See also, 47 C.F.R. � 90.699(d). The Commission addressed the issue of unacceptable interference at length in the 800 MHz rebanding orders. See 800 MHz Report and Order, 19 FCC Rcd at 15021-15045 �� 88 -141; 800 MHz Supplemental Order, 19 FCC Rcd at 25136-25143 �� 37-50; 800 MHz MO&O, 20 FCC Rcd at 16037- 16040 �� 50-58. It codified the procedures for measuring and resolving
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310874A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310874A1.txt
  • 90.621 (h) Adopted 11/1/11 pending FR Publication Rule provisions that provided a framework for the relocation of incumbent site-based licensees in the upper 200 channels of the 800 MHz Band by incoming geographically- based (EA) licensees. These provisions were a component of the 1995 reconfiguration of the 800 MHz band from site-based to geographic-based service that has since been completed. 90.699 (a), (b), (c), (e), (f) Adopted 11/1/11 pending FR Publication
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314166A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314166A1.txt
  • in 2005. 90.621(h) Adopted 11/1/11 pending FR Publication Eliminated rules that provided a framework for the relocation of incumbent site-based licensees in the upper 200 channels of the 800 MHz Band by incoming geographically-based (EA) licensees. These provisions were a component of the 1995 reconfiguration of the 800 MHz band from site-based to geographic-based service that has since been completed. 90.699(a) 90.699(b) 90.699(c) 90.699(e) 90.699(f) Adopted 11/1/11 pending FR Publication Removed rules to reform and modernize the universal service and intercarrier compensation systems. 36.602 51.707 51.717 54.303 54.311 54.316 12/29/11 Eliminated Part 2, Subpart N, FCC procedure for testing Class A, B and S Emergency Position Indicating Radiobeacons (EPIRBs). 2.1501-2.1517 2/1/12 Eliminated rules listing the dates by which intentional radiators, unintentional
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-212A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-212A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-212A1.txt
  • Use of Alternative Dispute Resolution Procedures in Commission Proceedings and Proceedings in which the Commission is a Party, 6 FCC Rcd 5669 (1991) (stating that the Commission encourages the use of ADR in proceedings between parties under a Commission rule where the Commission is not a party); see also 47 C.F.R. � 76.804; 47 C.F.R. 76.1513(b). See 47 C.F.R. � 90.699(f)(6). Presumably an incumbent would not chose arbitration, since the default outcome is that the incumbent is permitted to maintain its facilities. It may be legally required for the Commission to play a role in these proceedings. The Office of the Administrative Law Judges may provide the needed expertise for any Commission role. Federal Communications Commission FCC 00-212 Federal Communications Commission
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-289A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-289A1.txt
  • 800 MHz General Category auction 1,050 licenses will be available in the 851-854 MHz band, and in the SMR 800 MHz Lower 80 Channels auction 2,800 licenses will be available in the 856-860 band.562 556800 MHz SMR Auction Closes, Winning Bidders In The Auction of 525 Specialized Mobile Radio Licenses, Public Notice, DA 97-2583 (rel. Dec. 9, 1997). 55747 C.F.R. �90.699. 558Wireless Telecommunications Bureau Announces the Commencement of the Voluntary Negotiation Period for the Relocation of Incumbent Licensees in the 800 MHz Band, Public Notice, DA 98-2434 (rel. Dec. 4, 1998). License winners are required to contact the incumbents by March 4, 1999, to begin negotiations. 559 Caron Carlson, Pressures Growing For 800 MHz Incumbents, WIRELESS WEEK Dec. 13, 1999, at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-33A1.txt
  • should be repaid for their involuntary relocation costs. On reconsideration of this issue here, however, we affirm our decision that EA licensees should not be required to make progress payments of an incumbent's relocation costs. We believe that this policy is consistent with the involuntary relocation procedures established in our 800 MHz Second Report and Order and adopted in Section 90.699(c) and (d) of the Commission's rules. Section 90.699(c)(1) requires that the EA licensee guarantee repayment of relocation costs, ``including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses....'' Additionally, Section 90.699(c)(2) states that the EA licensee must ``[c]omplete all activities necessary for implementing the replacement facilities [of the incumbent], including all engineering and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-81A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-81A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-81A1.txt
  • relocation at issue there, it would exercise its Section 316 authority. Section 316 provides that any station license or construction permit may be modified by the Commission for a limited time or for the duration of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience and necessity. See 47 C.F.R. � 90.699. See 47 C.F.R. � 90.699(c). In that connection, we note that there currently is no Commission-certified infrastructure equipment for the 700 MHz band where Nextel proposes to relocate incumbent Business, Industrial/Land Transportation and SMR licensees. See Nextel Proposal at 47-48. Id. Id. at 47. Id. at 47-48. 47 C.F.R. � 1.1166. 47 U.S.C. � 159(d). See Nextel Proposal at 47-48.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-81A1_Erratum.doc
  • relocation at issue there, it would exercise its Section 316 authority. Section 316 provides that any station license or construction permit may be modified by the Commission for a limited time or for the duration of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience and necessity. See 47 C.F.R. � 90.699. See 47 C.F.R. � 90.699(c). In that connection, we note that there currently is no Commission-certified infrastructure equipment for the 700 MHz band where Nextel proposes to relocate incumbent Business, Industrial/Land Transportation and SMR licensees. See Nextel Proposal at 47-48. Id. Id. at 47. Id. at 47-48. 47 C.F.R. � 1.1166. 47 U.S.C. � 159(d). See Nextel Proposal at 47-48.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-280A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-280A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-280A1.txt
  • to be made aware of when the mandatory negotiation period commences. Joint Petitioners urge that a public notice that indicates the date when the first MSS licensee informs the first FS licensee of its desire to negotiate would eliminate any confusion. In addition, Joint Petitioners argue that the similar to the provisions for 800 MHz SMR licensee relocation in Section 90.699 of the Rules, MSS licensees should be required to notify FS incumbents of their intention to relocate such incumbents within 90 days of the release of the public notice that commences the mandatory negotiation period. We agree with petitioners that the potential for confusion could be reduced if all parties know with certainty when the mandatory negotiation period begins. However,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.txt
  • Report at 49. Id. A detailed description of the Coalition transition process is contained in Appendix C. Coalition Plan, Appendix B at 5. Id., Appendix B at 28-29. Id., Appendix B at 13. Id., Appendix B at 14. Id., Appendix B at 21-28. The Coalition does not propose that any MDS licensees receive compensation from Proponents. See 47 C.F.R. � 90.699. Comments of MMDS Licensee Coalition (``MMDS Licensees''), filed November 14, 2002, at 3. Id. 47 U.S.C. � 316(a). We note that converting existing licensees to geographic service area licenses would eliminate the need to modify authorizations for individual transmitters. 47 C.F.R. � 1.87. See Amendment of Part 22 of the Commission's Rules to Provide for Filing and Processing of Applications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4_Erratum.doc
  • Report at 49. Id. A detailed description of the Coalition transition process is contained in Appendix C. Coalition Plan, Appendix B at 5. Id., Appendix B at 28-29. Id., Appendix B at 13. Id., Appendix B at 14. Id., Appendix B at 21-28. The Coalition does not propose that any MDS licensees receive compensation from Proponents. See 47 C.F.R. � 90.699. Comments of MMDS Licensee Coalition (``MMDS Licensees''), filed November 14, 2002, at 3. Id. 47 U.S.C. � 316(a). We note that converting existing licensees to geographic service area licenses would eliminate the need to modify authorizations for individual transmitters. 47 C.F.R. � 1.87. See Amendment of Part 22 of the Commission's Rules to Provide for Filing and Processing of Applications
• 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
  • not to relocate according to the schedule may petition the Commission for a waiver of the relocation obligation. Such a waiver would only be granted on a strict non-interference basis. (f) Comparable Facilities. The replacement system provided to an incumbent must be at least equivalent to the existing 800 MHz system with respect to the four factors described in � 90.699(d). (g) Information Exchange. Absent agreement between parties, the Transition Administrator will be responsible for determining the information that relocating incumbents must supply in support of a relocation agreement. (h) The relevant Regional Planning Committee shall be informed of any proposed changes to any NPSPAC channel. * * * * * The heading above Section 90.681 is amended to describe the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1_Erratum.doc
  • not to relocate according to the schedule may petition the Commission for a waiver of the relocation obligation. Such a waiver would only be granted on a strict non-interference basis. (f) Comparable Facilities. The replacement system provided to an incumbent must be at least equivalent to the existing 800 MHz system with respect to the four factors described in � 90.699(d). (g) Information Exchange. Absent agreement between parties, the Transition Administrator will be responsible for determining the information that relocating incumbents must supply in support of a relocation agreement. (h) The relevant Regional Planning Committee shall be informed of any proposed changes to any NPSPAC channel. * * * * * The heading above Section 90.681 is amended to describe the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-294A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-294A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-294A1.txt
  • address cost reimbursement issues we adopted rules that tracked rules the Commission has successfully used to accomplish previous band reconfigurations. We note, as one party has pointed out, that there is a conflict between the statement in the 800 MHz R&O that Nextel must absorb all costs of band reconfiguration, including transactional costs, and the provision in existing rule Section 90.699(c), which we incorporated by reference in the 800 MHz R&O, which limits transactional costs to no more than ``2% of the hard costs involved.'' We resolve that conflict in favor of the statement in the text of the 800 MHz R&O, but believe that the two-percent restriction in the rule provides a useful guideline for determining when transactional costs are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-294A1_Erratum.doc
  • address cost reimbursement issues we adopted rules that tracked rules the Commission has successfully used to accomplish previous band reconfigurations. We note, as one party has pointed out, that there is a conflict between the statement in the 800 MHz R&O that Nextel must absorb all costs of band reconfiguration, including transactional costs, and the provision in existing rule Section 90.699(c), which we incorporated by reference in the 800 MHz R&O, which limits transactional costs to no more than ``2% of the hard costs involved.'' We resolve that conflict in favor of the statement in the text of the 800 MHz R&O, but believe that the two-percent restriction in the rule provides a useful guideline for determining when transactional costs are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-61A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-61A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-61A1.txt
  • more customers in competition with personal communications services (``PCS'') and cellular providers. The Commission determined that it was best to rely primarily on market forces to accomplish such relocation and, in instances in which the parties failed to reach an agreement and the EA licensee requested intervention, the Commission would become involved and order involuntary relocation. To this end, Section 90.699 of the Commission's rules sets forth a three step procedure whereby an EA licensee may arrange for the relocation of an incumbent licensee's site-based 800 MHz system operating in the upper 800 MHz band to comparable spectrum in the lower 800 MHz band. The first phase of the relocation procedure consists of a one-year voluntary negotiation period during which the
• http://transition.fcc.gov/Bureaus/Wireless/Reports/fcc00289.pdf
  • 800 MHz General Category auction 1,050 licenses will be available in the 851-854 MHz band, and in the SMR 800 MHz Lower 80 Channels auction 2,800 licenses will be available in the 856-860 band.562 556800 MHz SMR Auction Closes, Winning Bidders In The Auction of 525 Specialized Mobile Radio Licenses, Public Notice, DA 97-2583 (rel. Dec. 9, 1997). 55747 C.F.R. �90.699. 558Wireless Telecommunications Bureau Announces the Commencement of the Voluntary Negotiation Period for the Relocation of Incumbent Licensees in the 800 MHz Band, Public Notice, DA 98-2434 (rel. Dec. 4, 1998). License winners are required to contact the incumbents by March 4, 1999, to begin negotiations. 559 Caron Carlson, Pressures Growing For 800 MHz Incumbents, WIRELESS WEEK Dec. 13, 1999, at
• http://transition.fcc.gov/eb/Orders/2003/DA-03-1023A1.html
  • & Electronics, Inc. (``Slater'') pursuant to section 208 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. 208, and sections 1.711-1.718 of the Commission's rules, 47 C.F.R. 1.711-1.718. The complaint alleged that Slater had refused to negotiate in good faith with Nextel for the relocation of Slater's ``upper 200'' channel 800 MHz facilities, in violation of section 90.699 of the Commission's Rules, 47 C.F.R. 90.699. On March 24, 2003, Nextel filed a ``Motion to Dismiss Complaint Without Prejudice'' (``Motion to Dismiss'')1 stating that the parties had entered into a settlement pursuant to an Asset Exchange Agreement under which Slater's ``upper 200'' 800 MHz licenses will be relocated in accordance with 47 C.F.R. 90.699. The Motion to Dismiss further
• http://transition.fcc.gov/eb/Orders/2003/DA-03-184A1.html
  • a formal complaint against David M. Allen and Allen Wireless Group (``Allen'') 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 Allen had refused to negotiate in good faith with Nextel for the relocation of Allen's ``upper 200'' channel 800 MHz facilities, in violation of section 90.699 of the Commission's rules, 47 C.F.R. 90.699. On January 17, 2003, Nextel filed a Motion to Dismiss Complaint Without Prejudice (``Motion to Dismiss'')1 which stated that the parties had entered into a settlement pursuant to an Asset Exchange Agreement under which Allen's ``upper 200'' 800 MHz licenses will be relocated in accordance with 47 CFR 90.699. The Motion to Dismiss
• http://transition.fcc.gov/eb/Orders/2003/DA-03-3599A1.html
  • with this Commission a formal complaint against Supreme Radio Communications, Inc. (?Supreme?) 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 Supreme had refused to negotiate in good faith with Nextel for the relocation of Supreme's ?upper 200? channel 800 MHz facilities, in violation of section 90.699 of the Commission's rules, 47 C.F.R. 90.699. 2. On November 5, 2003, Nextel filed a Motion to Dismiss Complaint Without Prejudice (?Motion to Dismiss?)1 stating that the parties had entered into a settlement pursuant to an Asset Exchange Agreement under which Supreme's ?upper 200? 800 MHz licenses will be relocated in accordance with 47 CFR 90.699. It further stated that
• http://transition.fcc.gov/eb/Orders/2004/DA-04-656A1.html
  • and to provide procedures for the auction winner to relocate incumbent licensees to comparable spectrum. The Commission determined that it was best to rely on market forces to accomplish the relocation and only in instances where the parties failed to reach an agreement and the EA licensee requested intervention would the Commission become involved and order involuntary relocation.7 3. Section 90.699 of the Commission's rules8 establishes a mechanism whereby an EA licensee may arrange for the relocation of an incumbent licensee's site-based 800 MHz system operating in the upper 800 MHz band to comparable spectrum in the lower 800 MHz band. The relocation procedures consist of a one-year voluntary negotiation period during which the EA licensee and the incumbent may negotiate
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-61A1.html
  • customers in competition with personal communications services (``PCS'') and cellular providers.7 The Commission determined that it was best to rely primarily on market forces to accomplish such relocation and, in instances in which the parties failed to reach an agreement and the EA licensee requested intervention, the Commission would become involved and order involuntary relocation.8 3. To this end, Section 90.699 of the Commission's rules9 sets forth a three step procedure whereby an EA licensee may arrange for the relocation of an incumbent licensee's site-based 800 MHz system operating in the upper 800 MHz band to comparable spectrum in the lower 800 MHz band. The first phase of the relocation procedure consists of a one-year voluntary negotiation period during which the
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  • do so will be subject to license forfeiture without further Commission action. (g) Certification Concerning Relocation of Incumbent Licensees. Parties seeking approval of a partitioning or disaggregation agreement pursuant to this section must include a certification with their partial assignment of license application as to which party will be responsible for meeting the incumbent relocation requirements set forth at � 90.699 of our rules. � 90.912 Definitions. (a) Scope. The definitions in this section apply to �� 90.910 and 90.911, unless otherwise specified in those sections. (b) Small Business; Very Small Business; Consortium of Small Businesses; Consortium of Very Small Businesses (1) A small business is an entity that together with its affiliates and controlling principals, has average gross revenues that
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  • Reconsideration, 12 FCC Rcd at 9972, � 52. See Negotiation Period Public Notice at 2. 123 800 MHz First Report and Order, 12 FCC Rcd at 1508, � 74; 800 MHz Second Report and Order, 12 FCC 124 Rcd at 19122, � 119. 800 MHz First Report and Order, 12 FCC Rcd at 1510, � 79. See 47 C.F.R. � 90.699(c). 125 800 MHz First Report and Order, 12 FCC Rcd at 1510, � 79. 126 22 C. Relocation of Incumbents from the Upper 200 Channels 1. Relocation Negotiations 37. Background. In the 800 MHz First Report and Order, the Commission established procedures for the mandatory relocation of incumbent licensees from the upper 200 to the lower 230 channels on the
• http://wireless.fcc.gov/auctions/data/papersAndStudies/fc000289.pdf
  • 800 MHz General Category auction 1,050 licenses will be available in the 851-854 MHz band, and in the SMR 800 MHz Lower 80 Channels auction 2,800 licenses will be available in the 856-860 band.562 556800 MHz SMR Auction Closes, Winning Bidders In The Auction of 525 Specialized Mobile Radio Licenses, Public Notice, DA 97-2583 (rel. Dec. 9, 1997). 55747 C.F.R. �90.699. 558Wireless Telecommunications Bureau Announces the Commencement of the Voluntary Negotiation Period for the Relocation of Incumbent Licensees in the 800 MHz Band, Public Notice, DA 98-2434 (rel. Dec. 4, 1998). License winners are required to contact the incumbents by March 4, 1999, to begin negotiations. 559 Caron Carlson, Pressures Growing For 800 MHz Incumbents, WIRELESS WEEK Dec. 13, 1999, at
• http://wireless.fcc.gov/auctions/data/papersAndStudies/fc99136.pdf
  • vehicles, filed for Chapter 11 bankruptcy protection on June 29, 1998.298 Although it originally planned to reorganize, Geotek announced in October that it was shutting down its SMR operations.299 On February 12, 1999, Nextel announced that it planned to buy all of Geotek's 191 900 MHz licenses300 for $150 million, pending regulatory approval.301 Four days later, Nextel and 29547 C.F.R. �90.699. 296"Wireless Telecommunications Bureau Announces the Commencement of the Voluntary Negotiation Period for the Relocation of Incumbent Licensees in the 800 MHz Band," Public Notice, DA 98-2434 (rel. Dec. 4, 1998). The license winner must contact the incumbents by March 4, 1999 to begin negotiations. 297Fresno Mobile Radio, Inc. v. FCC, 165 F.3d 965 (D.C.Cir. 1999) 298Geotek Communications, Inc., Form 10-K,
• http://wireless.fcc.gov/reports/documents/fc000289.pdf
  • 800 MHz General Category auction 1,050 licenses will be available in the 851-854 MHz band, and in the SMR 800 MHz Lower 80 Channels auction 2,800 licenses will be available in the 856-860 band.562 556800 MHz SMR Auction Closes, Winning Bidders In The Auction of 525 Specialized Mobile Radio Licenses, Public Notice, DA 97-2583 (rel. Dec. 9, 1997). 55747 C.F.R. �90.699. 558Wireless Telecommunications Bureau Announces the Commencement of the Voluntary Negotiation Period for the Relocation of Incumbent Licensees in the 800 MHz Band, Public Notice, DA 98-2434 (rel. Dec. 4, 1998). License winners are required to contact the incumbents by March 4, 1999, to begin negotiations. 559 Caron Carlson, Pressures Growing For 800 MHz Incumbents, WIRELESS WEEK Dec. 13, 1999, at
• http://wireless.fcc.gov/reports/documents/fcc00289.doc
  • July 1, 1999). Federal Communications Commission, 220 MHz Fact Sheet (Auction #24) (visited Feb. 17, 2000) . See Appendix A for summaries of auction winners. Datamarine International Inc., Form 10-QSB, Feb. 15, 2000. Id. 800 MHz SMR Auction Closes, Winning Bidders In The Auction of 525 Specialized Mobile Radio Licenses, Public Notice, DA 97-2583 (rel. Dec. 9, 1997). 47 C.F.R. �90.699. Wireless Telecommunications Bureau Announces the Commencement of the Voluntary Negotiation Period for the Relocation of Incumbent Licensees in the 800 MHz Band, Public Notice, DA 98-2434 (rel. Dec. 4, 1998). License winners are required to contact the incumbents by March 4, 1999, to begin negotiations. Caron Carlson, Pressures Growing For 800 MHz Incumbents, Wireless Week Dec. 13, 1999, at 14-15.
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99136.pdf
  • II 220 MHz Service Spectrum Auction; Notice and Filing Requirements for Auction of Phase II 220 MHz Service Spectrum Scheduled for June 8, 1999," Public Notice, DA 99-474 (rel. Mar. 8, 1999). 294 "800 MHz SMR Auction Closes, Winning Bidders In The Auction of 525 Specialized Mobile Radio Licenses," Public Notice, DA 97-2583 (rel. Dec. 9, 1997). 295 47 C.F.R. �90.699. 50 and 900 MHz SMR bands, and their higher monthly prices, has led to an increased demand for the less expensive dispatch services both for analog 800 and 900 MHz SMR operators, and 220 MHz operators.289 On October 22, 1998, the Commission completed the Phase II 220 MHz auction,290 raising $21 million.291 Licensees authorized in the Phase II 220 MHz
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981687.pdf
  • for Forbearance from Section 3 IO(d) of the Communications Act Regarding Non-Substantial Assignments of Wireless Licenses and Transfers of Control Involving Telecommunications Carriers and Personal Communications Industry Association's Broadband Personal Communications Services Alliance's Petition for Forbearance For Broadband Personal Communications Services, Memorandum Opinion and Order, 13 FCC Red 6293 (1998). A-3 I / Part 90 SMR Rcmlations .@S 90.601 - 90.699) l Procedures for amending ownership information for pending applications (5 93.609) should be combined with other amendment rules and made consistent across services. Part 101 Fixed Microwave and LMDS Regulations l Application Procedures (55 101.4 - 101.81): Q. l General application requirements (4 101.19) should be streamlined. For example, the requirement to disclose real party (or parties) in interest to
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000312.doc
  • Closes: Winning Bidders in the Auction of 525 Specialized Mobile Radio Licenses, 12 FCC Rcd. 20417 (1997). Public Notice, FCC Announces the Corrected Conditional Grant of 800 MHz SMR Licenses, 13 FCC Rcd. 5054 (1998). (Conditional Grant Public Notice). See In the matter of High Tech Communications, Order , DA 99-1788, (WTB rel. Sept. 2, 1999). See 47 C.F.R. � 90.699. � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i
• http://www.fcc.gov/Bureaus/Wireless/Reports/fcc00289.pdf
  • 800 MHz General Category auction 1,050 licenses will be available in the 851-854 MHz band, and in the SMR 800 MHz Lower 80 Channels auction 2,800 licenses will be available in the 856-860 band.562 556800 MHz SMR Auction Closes, Winning Bidders In The Auction of 525 Specialized Mobile Radio Licenses, Public Notice, DA 97-2583 (rel. Dec. 9, 1997). 55747 C.F.R. �90.699. 558Wireless Telecommunications Bureau Announces the Commencement of the Voluntary Negotiation Period for the Relocation of Incumbent Licensees in the 800 MHz Band, Public Notice, DA 98-2434 (rel. Dec. 4, 1998). License winners are required to contact the incumbents by March 4, 1999, to begin negotiations. 559 Caron Carlson, Pressures Growing For 800 MHz Incumbents, WIRELESS WEEK Dec. 13, 1999, at
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040318.html
  • 04-731). Comments Due: 04/07/2004. Reply Comments Due: 04/19/2004. WTB. Contact: Paul Noone at (202) 418-7945, email: Paul.Noone@fcc.gov, TTY: (202) 418-7233 [16]DA-04-731A1.doc [17]DA-04-731A1.pdf [18]DA-04-731A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- C&W COMMUNICATIONS, INC., STEVE GILL, RADIO SERVICE COMPANY, FRESNO MOBILE RADIO, INC.. Denied the Motions for Revocations of licenses filed By Nextel against several 800 MHz licensees alleging violations of 47 CFR Sec.90.699. Action by: Chief, Enforcement Bureau. Adopted: 03/17/2004 by MO&O. (DA No. 04-656). EB [19]DA-04-656A1.doc [20]DA-04-656A1.pdf [21]DA-04-656A1.txt HI-TECH FUNDING, INC. Issued an Official citation to Hi-Tech Funding, Inc., Woodland Hills and Sherman Oaks, CA for violation of the TCPA and Commission's rules regarding transmitting prerecorded unsolicited advertisements to residential telephone lines. Action by: Deputy Chief, Telecommunications Consumers Division, Enforcement Bureau by
• http://www.fcc.gov/eb/Orders/2003/DA-03-1023A1.html
  • & Electronics, Inc. (``Slater'') pursuant to section 208 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. 208, and sections 1.711-1.718 of the Commission's rules, 47 C.F.R. 1.711-1.718. The complaint alleged that Slater had refused to negotiate in good faith with Nextel for the relocation of Slater's ``upper 200'' channel 800 MHz facilities, in violation of section 90.699 of the Commission's Rules, 47 C.F.R. 90.699. On March 24, 2003, Nextel filed a ``Motion to Dismiss Complaint Without Prejudice'' (``Motion to Dismiss'')1 stating that the parties had entered into a settlement pursuant to an Asset Exchange Agreement under which Slater's ``upper 200'' 800 MHz licenses will be relocated in accordance with 47 C.F.R. 90.699. The Motion to Dismiss further
• http://www.fcc.gov/eb/Orders/2003/DA-03-184A1.html
  • a formal complaint against David M. Allen and Allen Wireless Group (``Allen'') 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 Allen had refused to negotiate in good faith with Nextel for the relocation of Allen's ``upper 200'' channel 800 MHz facilities, in violation of section 90.699 of the Commission's rules, 47 C.F.R. 90.699. On January 17, 2003, Nextel filed a Motion to Dismiss Complaint Without Prejudice (``Motion to Dismiss'')1 which stated that the parties had entered into a settlement pursuant to an Asset Exchange Agreement under which Allen's ``upper 200'' 800 MHz licenses will be relocated in accordance with 47 CFR 90.699. The Motion to Dismiss
• http://www.fcc.gov/eb/Orders/2003/DA-03-3599A1.html
  • with this Commission a formal complaint against Supreme Radio Communications, Inc. (?Supreme?) 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 Supreme had refused to negotiate in good faith with Nextel for the relocation of Supreme's ?upper 200? channel 800 MHz facilities, in violation of section 90.699 of the Commission's rules, 47 C.F.R. 90.699. 2. On November 5, 2003, Nextel filed a Motion to Dismiss Complaint Without Prejudice (?Motion to Dismiss?)1 stating that the parties had entered into a settlement pursuant to an Asset Exchange Agreement under which Supreme's ?upper 200? 800 MHz licenses will be relocated in accordance with 47 CFR 90.699. It further stated that
• http://www.fcc.gov/eb/Orders/2004/DA-04-656A1.html
  • and to provide procedures for the auction winner to relocate incumbent licensees to comparable spectrum. The Commission determined that it was best to rely on market forces to accomplish the relocation and only in instances where the parties failed to reach an agreement and the EA licensee requested intervention would the Commission become involved and order involuntary relocation.7 3. Section 90.699 of the Commission's rules8 establishes a mechanism whereby an EA licensee may arrange for the relocation of an incumbent licensee's site-based 800 MHz system operating in the upper 800 MHz band to comparable spectrum in the lower 800 MHz band. The relocation procedures consist of a one-year voluntary negotiation period during which the EA licensee and the incumbent may negotiate
• http://www.fcc.gov/eb/Orders/2005/FCC-05-61A1.html
  • customers in competition with personal communications services (``PCS'') and cellular providers.7 The Commission determined that it was best to rely primarily on market forces to accomplish such relocation and, in instances in which the parties failed to reach an agreement and the EA licensee requested intervention, the Commission would become involved and order involuntary relocation.8 3. To this end, Section 90.699 of the Commission's rules9 sets forth a three step procedure whereby an EA licensee may arrange for the relocation of an incumbent licensee's site-based 800 MHz system operating in the upper 800 MHz band to comparable spectrum in the lower 800 MHz band. The first phase of the relocation procedure consists of a one-year voluntary negotiation period during which the