FCC Web Documents citing 90.743

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

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  • 221.8325, 221.8375, 221.8425, 221.8475. Section 90.20(d). Eliminate redundancy by consolidating limitations 10 and 38 and update frequency table(s) accordingly. Section 90.35(b)(3). Eliminate redundancy by deleting one of the two entries for frequency 35.48. Section 90.35(c). Remove limitation 45. Section 90.149. Add ``Except as provided in subpart R of this part,'' to the beginning of Section 90.149(a) and eliminate 90.149(d). Section 90.743(a). Replace the cross-reference to Section 90.149 with Section 1.949. Section 90.743(c). Update the license term for Phase I non-nationwide licensees from five years to ten years. Procedural Matters Comment Filing Procedures Comments and reply comments. Pursuant to applicable procedures set forth in sections 1.415 and 1.419 of the Commission's rules, interested parties may file comments in response to this Notice
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  • 1998, and on January 11, 1999, Repeater, the geographic area licensee for the Miami-Fort Lauderdale market (BEA031, channel block D), filed a petition to deny Bay's renewal application. In its petition to deny, Repeater alleged that Station WPCX637 had not been constructed and, therefore, had not provided substantial service during its past license period - a showing required by Section 90.743(a) of the Commission's rules for 220 MHz Phase I license renewal applications. On February 4, 1999, Repeater submitted a declaration by Robert Fejes in a supplement to its petition to deny based on Fejes' observations of the station facilities for WPCX637 on two separate days in January 1999. Fejes stated that he detected no transmissions on any of the channels
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  • spectrum, staff recommends their elimination. Section 90.635(a) and (c) requirements relating to power limits applicable to the 800 MHz Service. Staff recommends initiating a proceeding to consider whether to eliminate the suburban/urban distinction applicable to 800 MHz Service under Section 90.635(a) and the distinction between limited service area systems and non-limited service area systems set forth in Section 90.635(c). Section 90.743(c) and related rules applicable to site-based 220 MHz licensees. Staff recommends initiating a rulemaking to revise rule Section 90.743(c) to reflect that Phase I non-nationwide licensees have license terms of ten years, and not five years as currently specified. Further, staff recommends that consideration be given to whether certain rules applicable to site-based licensees continue to be necessary. For example,
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  • spectrum, staff recommends their elimination. Section 90.635(a) and (c) requirements relating to power limits applicable to the 800 MHz Service. Staff recommends initiating a proceeding to consider whether to eliminate the suburban/urban distinction applicable to 800 MHz Service under Section 90.635(a) and the distinction between limited service area systems and non-limited service area systems set forth in Section 90.635(c). Section 90.743(c) and related rules applicable to site-based 220 MHz licensees. Staff recommends initiating a rulemaking to revise rule Section 90.743(c) to reflect that Phase I non-nationwide licensees have license terms of ten years, and not five years as currently specified. Further, staff recommends that consideration be given to whether certain rules applicable to site-based licensees continue to be necessary. For example,
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  • existing rules, staff concludes that these comments are beyond the scope of this Biennial Review proceeding and recommends that they be considered in the various dockets as appropriate. WTB staff believes that certain provisions of subpart T in its current form may no longer be necessary in the public interest. Specifically, staff recommends a technical change to clarify rule section 90.743(c) to reflect that Phase I non-nationwide licensees have license terms of 10 years, and not 5 years as currently specified. Further, staff recommends that consideration be given to whether certain rules applicable to 220 MHz site-based licensees continue to be necessary in the public interest. For example, section 90.737 imposes certain reporting requirements and restrictions on assignments of unconstructed site-based
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  • existing rules, staff concludes that these comments are beyond the scope of this Biennial Review proceeding and recommends that they be considered in the various dockets as appropriate. WTB staff believes that certain provisions of subpart T in its current form may no longer be necessary in the public interest. Specifically, staff recommends a technical change to clarify rule section 90.743(c) to reflect that Phase I non-nationwide licensees have license terms of 10 years, and not 5 years as currently specified. Further, staff recommends that consideration be given to whether certain rules applicable to 220 MHz site-based licensees continue to be necessary in the public interest. For example, section 90.737 imposes certain reporting requirements and restrictions on assignments of unconstructed site-based
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  • Chief, Mobility Division, Wireless Telecommunications Bureau. FOR FURTHER INFORMATION CONTACT Thomas Derenge, Mobility Division, Wireless Telecommunications Bureau at (202) 418-2451, TTY (202) 418-1536 or via email to thomas.derenge@fcc.gov. -FCC- See Universal Licensing System file numbers 0001874165, 0001874077, 0001873630, and 0001873639. To renew the Phase I Nationwide licenses without requiring a demonstration of substantial service will require the waiver of sections 90.743(a)(1),(b)(1-3), and 90.725(a). To extend the terms of all of Access 220's 220 MHz licenses until September 19, 2019 and eliminate all interim performance requirements will require the waiver of sections 90.743(c), 90.765, 90.767, and 90.769. See Access 220, LLC, Request for Waivers to Provide Band Management Services Utilizing Licenses in the 220-222 MHz Band, Memorandum Opinion and Order, 17 FCC
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  • Services to Rural Areas and Promoting Opportunities for Rural Telephone Companies to Provide Spectrum-Based Services, WT Docket No. 02-381, Report and Order and Further Notice of Proposed Rule Making, 19 FCC Rcd 19078, 19120, ¶ 75 and Appendix A (2004) (Rural Services R & O). ). Access seeks waivers of section 90.725(a) (construction requirements for Phase I Nationwide licenses), section 90.743(a)(1) and (b)(1)-(3) (renewal requirements for Phase I Nationwide licenses), section 90.743(c) (ten-year term for Phase I Nationwide licenses), section 90.765 (ten-year term for Phase II licenses), 90.767 (construction requirements for Phase II EA and REAG licenses), and section 90.769 (construction requirements for Phase II Nationwide licenses). 47 C.F.R. §§ 90.725(a), 90.743(a)(1) and (b)(1)-(3), 90.743(c), 90.765, 90.767, and 90.769. Petition at
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  • 1.2110(g)(4)(iv) and Reinstatement of 900 MHz Specialized Mobile Radio Licenses, Order, 21 FCC Rcd 1627 (WTB 2006) (``Advanced Order''); and So Fast Internet Services, Inc., Memorandum Opinion and Order, 21 FCC Rcd 10,126 (WTB 2006). 47 C.F.R. § 1.106(d)(2). The Notice of Dismissal specifically states: ``License canceled 1/19/05 pursuant to 47 CFR 1.2110.'' See, e.g., 47 C.F.R. §§ 24.16(b), 27.14(b)(2), 90.743(a)(2), 90.816(b)(1)(ii). 47 C.F.R. § 1.2110(g). 47 C.F.R. § 1.2110(g)(4). See, e.g., Southern Communications Systems, Inc. Request for Limited rule Waiver to Comply with PCS Installment Payment for C Block Licenses in the Cleveland, TN BTA, Memorandum Opinion and Order, 15 FCC Rcd 25,103, 25,107-08, ¶ 10 (2000) (``Southern Communications MO&O''), further recon. denied, Second Memorandum Opinion and Order, 16 FCC
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  • conditions under which a licensee can reasonably expect its license to be renewed; where and under what conditions they may operate; and various build-out requirements. Legal Basis: 47 U.S.C. 154, 161, 303, and 332. Section Number and Title: 90.709(e) Special limitations on amendment of applications and on assignment or transfer of authorizations licensed under this subpart. 90.733(d), (e)-(i) Permissible operations. 90.743 Renewal expectancy. 90.761 EA and Regional licenses. 90.763 EA, Regional and nationwide system operations. 90.765 Licenses term for Phase II licenses. 90.767 Construction and implementation of EA and Regional licenses. 90.769 Construction and implementation of Phase II nationwide licenses. 90.771 Field strength limits. SUBPART W-COMPETITIVE BIDDING PROCEDURES FOR THE 220 MHz SERVICE Brief Description: The part 90 rules state the
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  • issuance of its initial license. Alternatively, a licensee may elect to demonstrate that, no later than ten years after the initial grant of its license, it provides substantial service to its licensed area. 47 C.F.R. § 90.769(a). In addition to relief from the applicable construction deadlines, PTC-220 requests a waiver for one or more of its licenses regarding: (1) section 90.743 (requiring the filing of a showing accompanying a renewal application which demonstrates why a renewal expectancy is warranted); (2) 90.715 (limiting base station operation to the 220-221 MHz band and mobile/control station operation to the 221-222 MHz band - PTC-220 seeks to operate base/mobiles in either the 220-221 MHz or 221-222 MHz bands); (3) 90.713 and 90.717 (limiting use of
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  • 0003634456, 0003634458, 0003634459, 0003634461, 0003634463, 0003634465, and 0003634466 MEMORANDUM OPINION AND ORDER Adopted: JuNE 25, 2009 Released: June 25, 2009 By the Acting Chief, Wireless Telecommunications Bureau: i. introduction In this Memorandum Opinion and Order, we address a Request for Waivers and Extension (``Waiver Request'') filed by PTC-220, LLC (``PTC-220''). PTC-220 seeks a five-year waiver of Sections 90.767, 90.769, and 90.743 of the Commission's rules and a five-year extension of the construction deadlines for twelve Part 90 220 MHz licenses. PTC-220 also requests a waiver of Section 90.715 (base/mobile configuration requirements), Sections 90.713(a) and 90.717(b) (commercial use restriction), and Section 90.735 (station identification requirement) where relevant. For the reasons set forth below, we grant the Waiver Request to the extent provided
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  • 0003634452-54, 0003634456, 0003634458, 0003634459, 0003634461, 0003634463, 0003634465, and 0003634466 MEMORANDUM OPINION AND ORDER ADOPTED: JUNE 25, 2009 RELEASED: JUNE 25, 2009 By the Acting Chief, Wireless Telecommunications Bureau: I. INTRODUCTION 1.In this Memorandum Opinion and Order, we address a Request for Waivers and Extension ("Waiver Request") filed by PTC-220, LLC ("PTC-220").1PTC-220 seeks a five-year waiver of Sections 90.767, 90.769, and 90.743 of the Commission's rules2and a five-year extension of the construction deadlines for twelve Part 90 220 MHz licenses. PTC-220 also requests a waiver of Section 90.715 (base/mobile configuration requirements), Sections 90.713(a) and 90.717(b) (commercial use restriction), and Section 90.735 (station identification requirement) where relevant. For the reasons set forth below, we grant the Waiver Request to the extent provided herein.
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  • unique and the public interest would be served, it would consider waiving construction requirements on a case-by-case basis. See Amendment of the Commission's Rules To Establish New Personal Communications Services, GEN Docket No. 90-314, Memorandum Opinion and Order, 9 FCC Rcd 4957, 5019 (1994) (PCS MO&O), citing WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). 47 C.F.R. §§ 90.743(a)(1), 24.16(a), 27.14(a). Substantial Service Showings at 1. Id. at 5. We note that three of NRTC's five-year construction showings were accepted because NRTC certified that it covers at least one-third of the population of the licensed areas. See File Nos. 0003222772 (WPOL329); 0003222774 (WPOL331); and 0003222777 (WPOL334). We will extend the five- and ten-year construction deadlines until March 22, 2012.
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  • circumstances are unique and the public interest would be served, it would consider waiving construction requirements on a case-by-case basis. See Amendment of the Commission's Rules To Establish New Personal Communications Services, GEN Docket No. 90-314, Memorandum Opinion and Order, 9 FCC Rcd 4957, 5019 (1994) (PCS MO&O),citingWAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). 2947 C.F.R. §§ 90.743(a)(1), 24.16(a), 27.14(a). 30Substantial Service Showings at 1. 31Id. at 5. 32We note that three of NRTC's five-year construction showings were accepted because NRTC certified that it covers at least one-third of the population of the licensed areas. See File Nos. 0003222772 (WPOL329); 0003222774 (WPOL331); and 0003222777 (WPOL334). 8659 Federal Communications Commission DA 09-1459 be more robust than its current state
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  • and 1.2112, Auction Forms and License Transfer Disclosure Requirements 04/30/11 3060-0768 28 GHz Band 12/31/11 3060-0770 Secs. 1.774, 61.49, 61.55, 61.58, 69.4, 69.707, 69.713, and 69.729, FCC 99-206 (New Services) 11/30/11 3060-0773 Sec. 2.803 12/31/12 3060-0774 Parts 36 and 54, Federal-State Joint Board on Universal Service 04/30/11 3060-0775 Sec. 64.1903 04/30/13 3060-0779 Secs. 90.20(a)(1)(iii), 90.769, 90.767, 09.763(b)(l)(i)(a), 90.763(b)(l)(i)(B), 90.771(b), and 90.743 11/30/13 3060-0782 Petition for Limited Modification of LATA Boundaries to Provide Expanded Local Calling Service (ELCS) at Various Locations 11/30/12 3060-0783 Sec. 90.176 03/31/12 3060-0787 Implementation of Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996; Policies and Rules Concerning Unauthorized Changes of Consumers' Long Distance 07/31/11 3060-0788 DTV Showings/Interference Agreements 10/31/13 3060-0790 Sec. 68.110(c) 09/30/12 3060-0791 Sec.
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  • WPOJ222, WPOJ223, WPOJ224, WPOJ225, WPOJ226, WPOJ227, WPOJ228, WPOJ230 and WPOJ233. Dear Mr. Kozel: This letter addresses Longhorn Communications Inc.'s (Longhorn) March 20, 2009 Requests for Waiver or Extension of Time to Construct with respect to 220 MHz licenses under the above-referenced call signs (Extension Requests). Longhorn concurrently filed renewal applications for the subject licenses and also requested waiver of section 90.743(a) of the Commission's rules requiring that substantial service be demonstrated at the time of license renewal. For reasons discussed below, we deny the Extension Requests pursuant to section 1.946(e) of the Commission's rules. As a result, the licenses referenced above automatically terminated pursuant to sections 90.767 and 1.955 of the Commission's rules, on March 22, 2009, their expiration date. Therefore,
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  • WPOJ220, WPOJ221, WPOJ222, WPOJ223, WPOJ224, WPOJ225, WPOJ226, WPOJ227, WPOJ228, WPOJ230 and WPOJ233. Dear Mr. Kozel: This letter addresses Longhorn Communications Inc.'s (Longhorn) March 20, 2009 Requests for Waiver or Extension of Time to Construct with respect to 220 MHz licenses under the above-referenced call signs (Extension Requests).1Longhorn concurrently filed renewal applications for the subject licenses2and also requested waiver of section 90.743(a) of the Commission's rules3requiring that substantial service be demonstrated at the time of license renewal. For reasons discussed below, we deny the Extension Requests pursuant to section 1.946(e) of the Commission's rules.4As a result, the licenses referenced above automatically terminated pursuant to sections 90.767 and 1.955 of the Commission's rules, on March 22, 2009, their expiration date.5Therefore, we also dismiss
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  • Requirements for station WPTI475, FCC File No. 0004899076, has been returned for the licensee to provide additional information. See Notice of Return, Ref. No. 5323960 (Mar. 1, 2012). Further action regarding the application to renew that license, FCC File No. 0004900093, will be deferred pending resolution of the Notification of Compliance with Substantial Service Requirements. See, e.g., 47 C.F.R. § 90.743; see also Amendment of Parts 1, 22, 24, 27, 74, 80, 90, 95, and 101 To Establish Uniform License Renewal, Discontinuance of Operation, and Geographic Partition and Spectrum Disaggregation Rules and Policies for Certain Wireless Radio Services, Notice of Proposed Rulemaking and Order, WT Docket No. 10-112, 25 FCC Rcd 6996, 6999 ¶ 8 (2010) (License Renewal NPRM) (``the Commission's
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  • Requirements for station WPTI475, FCC File No. 0004899076, has been returned for the licensee to provide additional information. See Notice of Return, Ref. No. 5323960 (Mar. 1, 2012). Further action regarding the application to renew that license, FCC File No. 0004900093, will be deferred pending resolution of the Notification of Compliance with Substantial Service Requirements. 49See, e.g., 47 C.F.R. § 90.743; see alsoAmendment of Parts 1, 22, 24, 27, 74, 80, 90, 95, and 101 To Establish Uniform License Renewal, Discontinuance of Operation, and Geographic Partition and Spectrum Disaggregation Rules and Policies for Certain Wireless Radio Services, Notice of Proposed Rulemaking and Order, WT Docket No. 10-112, 25 FCC Rcd 6996, 6999 ¶ 8 (2010) (License Renewal NPRM) ("the Commission's current
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  • market area). ULS Reference Nos. 4863442 (WPOI503), 4863443 (WPOI504), and 4863444 (WPOI505), ``Notice of Dismissal'' (May 12, 2009) (explaining that ``[t]he license for which this application has been filed has recently expired ... because the license is no longer valid, this application cannot be acted upon''). Public Notice, Report No. 5007 at 3 (June 10, 2009). See 47 C.F.R. § 90.743(a) (providing that ``[a]ll licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of § 1.949 of this chapter''). Id. § 90.743(a)(1)-(2). Section 90.743(a)(1) defines ``substantial service'' for purposes of renewal as ``service that is sound, favorable, and substantially above a level of mediocre service that just
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  • be accompanied by enforcement action.25In determining whether to grant a waiver request, the Commission takes into consideration all of the facts and circumstances involved, including the length in delay of filing, the licensee's performance record, the reasons for the failure to timely file, and the potential consequences to the public if the license were to terminate.26Because DeltaCom filed its 20See47C.F.R. §90.743(a) (providing that "[a]ll licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of §1.949 of this chapter"). 21Id. §90.743(a)(1)-(2). Section 90.743(a)(1) defines "substantial service" for purposes of renewal as "service that is sound, favorable, and substantially above a level of mediocre service that just might minimally
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  • along in completing due diligence to obtain the advanced 220 MHz technology and equipment for the nationwide ITS wireless plan for which the Licenses are dedicated...'' He asserts that these showings, along with those set forth in the 2007 Extension Request and the March 2009 Amended Extension Request, are sufficient to satisfy the renewal and renewal expectancy requirements in Section 90.743 of the Commission's Rules. On the same day, Warren Havens also filed an amendment to his 2007 Extension Request. In this Amended Extension Request, Warren Havens requests an extension of both the five and ten-year construction deadlines for his Licenses until March 23, 2015. Warren Havens again claims that he has conducted substantial due diligence to obtain advanced wireless technology
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  • Commission's rules, which require a demonstration of construction at five-year and ten-year benchmarks. Moreover, pursuant to section 1.946(c) of the Commission's rules, if a licensee fails to meet its coverage or substantial service obligations by the expiration of the applicable period, its authorization terminates automatically, without specific Commission action, on the date the construction period expires. Additionally, pursuant to section 90.743(a) of the Commission's rules, 220 MHz licensees have a separate renewal requirement at the end of the ten-year license term. The renewal application must include sufficient information to demonstrate that substantial service was provided during the past license term and that the licensee has substantially complied with applicable FCC rules, policies, and the Communications Act of 1934, as amended. In
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  • * * * * (ii) One party may certify that it has or will meet its five-year construction requirement and will meet the ten-year construction requirement, as set forth in Sections 90.767 or 90.769, as applicable, for the entire license area. In that case, the other party must only satisfy the requirements for "substantial service," as set forth in Sec. 90.743(a)(1), for the partitioned license area by the end of the original ten-year license term of the licensee. APPENDIX C SUPPLEMENTAL FINAL REGULATORY FLEXIBILITY ANALYSIS Memorandum Opinion and Order on Reconsideration As required by section 603 of the Regulatory Flexibility Act (RFA), 5 U.S.C. § 603, an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the Third Report & Order; Fifth
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  • 221.8325, 221.8375, 221.8425, 221.8475. Section 90.20(d). Eliminate redundancy by consolidating limitations 10 and 38 and update frequency table(s) accordingly. Section 90.35(b)(3). Eliminate redundancy by deleting one of the two entries for frequency 35.48. Section 90.35(c). Remove limitation 45. Section 90.149. Add ``Except as provided in subpart R of this part,'' to the beginning of Section 90.149(a) and eliminate 90.149(d). Section 90.743(a). Replace the cross-reference to Section 90.149 with Section 1.949. Section 90.743(c). Update the license term for Phase I non-nationwide licensees from five years to ten years. Procedural Matters Comment Filing Procedures Comments and reply comments. Pursuant to applicable procedures set forth in sections 1.415 and 1.419 of the Commission's rules, interested parties may file comments in response to this Notice
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  • 36 dB[mu]V/m signal strength contour. Pursuant to the minor modification notification procedures set forth in 1.947 (b), the incumbent licensee must notify the Commission within 30 days of any change in technical parameters for stations that are authorized under a waiver of 90.621 (b)(4), or that are authorized under 90.621 (b)(5). (d) * * * Section 90.737 is removed. Section 90.743 is amended by revising paragraphs (a) and (c) to read as follows: § 90.743 Renewal expectancy. (a) All licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of § 1.949. Licensees must demonstrate, in their application, that: (b) * * * (c) Phase I non-nationwide licensees
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1_Erratum.doc
  • 36 dB[mu]V/m signal strength contour. Pursuant to the minor modification notification procedures set forth in 1.947 (b), the incumbent licensee must notify the Commission within 30 days of any change in technical parameters for stations that are authorized under a waiver of 90.621 (b)(4), or that are authorized under 90.621 (b)(5). (d) * * * Section 90.737 is removed. Section 90.743 is amended by revising paragraphs (a) and (c) to read as follows: § 90.743 Renewal expectancy. (a) All licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of § 1.949. Licensees must demonstrate, in their application, that: (b) * * * (c) Phase I non-nationwide licensees
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-131A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-131A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-131A1.txt
  • 1 Third Report and Order, 13 FCC Rcd at 439-40 ¶ 110. Id. at 443 ¶ 116. Id. at 439-40 ¶¶ 109-10; Part 1 Reconsideration of Third Report and Order, 15 FCC Rcd at 15,304-05 ¶ 19. 47 C.F.R. § 1.2110(g)(3)(ii); see id. § 1.2110(b)(4)(x)(E)(3)(ii) (1994). Id. § 1.2110(g)(4); see id. § 1.2110(b)(4)(x)(E)(4) (1994). See, e.g., id. §§ 24.16(b), 27.14(b)(2), 90.743(a)(2), 90.816(b)(1)(ii); see also the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-614. 47 C.F.R. § 1.2110(g); see id. § 1.2110(b)(4)(x)(E) (1994). Id. § 1.2110(g)(4); see id. § 1.2110(b)(4)(x)(E)(4) (1994). See, Alpine PCS, Inc., Requests for Waiver of the Installment Payment Rules and Reinstatement of Licenses, Memorandum Opinion and Order, 25 FCC Rcd 469, 482 ¶ 20 (2010) (``Installment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-131A1_Rcd.pdf
  • protect the integrity of the Commission's auction and licensing 22Part 1 Third Report and Order,13 FCC Rcdat 439-40 ¶ 110. 23Id.at 443 ¶ 116. 24Id.at 439-40 ¶¶ 109-10; Part 1 Reconsideration of Third Report and Order, 15 FCCRcd at 15,304-05 ¶ 19. 2547 C.F.R. § 1.2110(g)(3)(ii); see id.§ 1.2110(b)(4)(x)(E)(3)(ii) (1994). 26Id.§ 1.2110(g)(4); see id.§ 1.2110(b)(4)(x)(E)(4) (1994). 27See,e.g., id.§§ 24.16(b), 27.14(b)(2), 90.743(a)(2), 90.816(b)(1)(ii); see also the Communications Act of 1934, as amended, 47 U.S.C. §§ 151­614. 2847 C.F.R. § 1.2110(g); see id. § 1.2110(b)(4)(x)(E) (1994). 29Id.§ 1.2110(g)(4); see id. § 1.2110(b)(4)(x)(E)(4) (1994). 30See,Alpine PCS, Inc., Requests for Waiver of the Installment Payment Rules and Reinstatement of Licenses, Memorandum Opinion and Order, 25 FCC Rcd 469, 482 ¶ 20 (2010) ("Installment Payment Order");
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.txt
  • in Part 90 address CMRS renewal situations. Part 90 does include specific provisions regarding the renewal of 220-222 MHz licenses, which are similar to the Part 27 rules in providing that renewal applicants must demonstrate that they have provided substantial service during the past license term and have substantially complied with applicable FCC rules and policies and the Act. Section 90.743 further provides that, for a 220-222 MHz renewal applicant to receive a renewal expectancy, it must include a description of its current service in terms of geographic coverage and population served, an explanation of its record of expansion including a timetable for new station construction to meet changes in service demand, a description of investments, copies of any FCC orders
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
  • two sections in Part 90 address CMRS renewal situations.25 14.Part 90 does include specific provisions regarding the renewal of 220-222 MHzlicenses, which are similar to the Part 27 rules in providing that renewal applicants must demonstrate that they have provided substantial service during the past license term and have substantially complied with applicable FCC rules and policies and the Act.26Section 90.743 further provides that, for a 220-222 MHz renewal applicant to receive a renewal expectancy, it must include a description of its current service in terms of geographic coverage and population served, an explanation of its record of expansion including a timetable for new station construction to meet changes in service demand, a description of investments, copies of any FCC orders
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • modify their licenses so long as they remain within their contour. 196 Federal Communications Commission FCC 98-93 220 MHz Third Report and Order, 12 FCC Rcd at 11016-19 (paras. 156, 158-159), 11082-83 (paras. 328-331), 197 11086-87 (para. 341). Id. at 11020-21 (para. 163). 198 Id. at 11017-18, 11020-21 (paras. 158, 163). 199 The term "substantial service" is defined in Section 90.743(a) and Section 22.940(a)(1)(i) of the Commission's 200 Rules, 47 C.F.R. §§ 90.743(a), 22.940(a)(1)(i). See also 220 MHz Third Report and Order, 12 FCC Rcd at 11044 (para. 215) ("We continue to believe it is appropriate for all Phase I and Phase II 220 MHz Service licensees seeking renewal of their authorization to meet the requirements for license renewal similar to
• http://wireless.fcc.gov/auctions/18/releases/fc970057.pdf http://wireless.fcc.gov/auctions/18/releases/fc970057.txt http://wireless.fcc.gov/auctions/18/releases/fc970057.wp
  • band, in a minimum of 28 of the urban areas listed in the following Table within ten years of initial license grant. A base station, or fixed station, is considered to be within one of the listed urban areas if it is within 60 kilometers (37.3 miles) of the specified coordinates. * * * * * 25. A new Section 90.743 is added to read as follows: Section 90.743 Renewal expectancy. (a) All licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of Section 90.149. Licensees must demonstrate, in their application, that: (1) They have provided substantial'' service during their past license term. Substantial'' service is defined
• http://wireless.fcc.gov/auctions/18/releases/fc980093.pdf http://wireless.fcc.gov/auctions/18/releases/fc980093.txt http://wireless.fcc.gov/auctions/18/releases/fc980093.wp
  • benchmarks. The option of meeting the substantial 197 service requirement is also available to EA and Regional licensees. The Commission decided not to 198 adopt a particular measure of substantial service for such licensees, but rather to consider such Federal Communications Commission FCC 98-93 Id. at 11017-18, 11020-21 (paras. 158, 163). 199 The term "substantial service" is defined in Section 90.743(a) and Section 22.940(a)(1)(i) of the Commission's Rules, 47 200 C.F.R. §§ 90.743(a), 22.940(a)(1)(i). See also 220 MHz Third Report and Order, 12 FCC Rcd at 11044 (para. 215) ("We continue to believe it is appropriate for all Phase I and Phase II 220 MHz Service licensees seeking renewal of their authorization to meet the requirements for license renewal similar to
• http://wireless.fcc.gov/auctions/18/releases/fc980186.pdf http://wireless.fcc.gov/auctions/18/releases/fc980186.txt http://wireless.fcc.gov/auctions/18/releases/fc980186.wp
  • will, meet the construction requirements for the entire market. 111 Under this second option, the assignee need only meet a "substantial service" requirement for its partitioned Federal Communications Commission FCC 98-186 Substantial service is defined as service that is sound, favorable, and substantially above a level of mediocre 112 service that might just minimally warrant renewal. See 47 C.F.R. § 90.743(a)(1). See Third Report and Order, 12 FCC Rcd. at 11,083, ¶ 333. 113 See Broadband PCS R&O, 11 FCC at 21,864, ¶ 61. 114 Id. at 21, 857, ¶ 42-43. 115 As we noted earlier, because we require full construction before Phase I non-nationwide licensees may 116 partition or disaggregate, the assignees will not have to meet any construction requirements.
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • the Department of Commerce publication of 1947: "Air-line Distances Between Cities in the United States" and from data supplied by the National Geodetic Survey and converted to the reference system of North American Datum 1983 using the National Geodetic Survey's NADCON program. The coordinates are determined by using the first city mentioned as the center of the urban area. § 90.743 Renewal expectancy. (a) All licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of § 90.149. Licensees must demonstrate, in their application, that: (1) They have provided "substantial" service during their past license term. "Substantial" service is defined in this rule as service that is sound,
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=18
  • MHz [50]Bidder Information Package. (Note: The page numbers of the electronic copy will vary.). A total of 908 licenses were offered in this auction. Three (100 kHz) nationwide licenses, five (100 kHz) licenses in each of the 175 Economic Areas ("EAs"), and five (150 kHz) licenses in each of the 6 Economic Area Groupings ("EAGs"). "Substantial Service" is defined at 90.743 (page 409) and is discussed in the MO&O at 107-110 (page 194-196) of the published copy of the Phase II 220 MHz Bidder Information Package. (Note: The page numbers of the electronic copy will vary.) Permissible Operations Frequencies in the 220 - 222 MHz band are available for land mobile and fixed use for both Government and non-Government operations. Licensees
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00102.doc
  • * * * * (ii) One party may certify that it has or will meet its five-year construction requirement and will meet the ten-year construction requirement, as set forth in Sections 90.767 or 90.769, as applicable, for the entire license area. In that case, the other party must only satisfy the requirements for "substantial service," as set forth in Sec. 90.743(a)(1), for the partitioned license area by the end of the original ten-year license term of the licensee. APPENDIX C SUPPLEMENTAL FINAL REGULATORY FLEXIBILITY ANALYSIS Memorandum Opinion and Order on Reconsideration As required by section 603 of the Regulatory Flexibility Act (RFA), 5 U.S.C. § 603, an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the Third Report & Order; Fifth