FCC Web Documents citing 90.769

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

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  • in their EA or REAG, e.g., incumbent, Phase I licensees, to meet the construction requirement of paragraph (a) or (b) of this section, as applicable. (e) EA and Regional licensees will not be required to construct and place in operation, or commence service on, all of their authorized channels at all of their base stations or fixed stations. 5. Section 90.769 is amended to read as follows: § 90.769 Construction and implementation of Phase II nationwide licenses. (a) A nationwide licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to a composite area of at least 750,000 square kilometers or 37.5 percent of the United States population within five
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  • the Matter of ) ) National Rural Telecommunications ) File No. 131693 Cooperative, LLC ) ) Request for Waiver and Consolidation ) Of 220 MHz Construction Requirements ) By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: I. Introduction 1. On February 29, 2000, National Rural Telecommunications Cooperative, LLC (NRTC) filed a request seeking waiver of Sections 90.725, 90.767, and 90.769 of the Commission's rules in order to consolidate the construction (``buildout'') requirements for its various licensed 220 MHz facilities. By this Order, we grant NRTC's waiver request in part and deny it in part, as described below. II. Background 2. NRTC is a non-profit cooperative association composed of rural electric cooperatives, rural telephone systems, and small independent telephone companies. NRTC
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  • and Consolidation of 220 MHz Construction Requirements ) ) ) ) ) ) Adopted: September 12, 2001 Released: September 13, 2001 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: I. Introduction On August 22, 2000, Intek License Acquisition Corp. (``ILAC'') and its parent company, Securicor Wireless Holdings Inc. (``Securicor''), filed a request seeking waiver of Sections 90.725, 90.767, and 90.769 of the Commission's rules in order to consolidate the various construction requirements for its licensed 220 MHz facilities. By this Order, we grant ILAC's Waiver Request, as described below. II. Background Securicor, through its subsidiaries ILAC and Roamer One, Inc. (``Roamer One''), has acquired 220 MHz spectrum through assignment, lottery, and auction. ILAC's waiver request concerns the construction requirements for
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  • from aerwav, inc. In addition, Access 220 seeks waiver of rules related to certain construction requirements for three of the 115 licenses subject to the band management waiver request. The Wireless Telecommunications Bureau seeks comment on Access 220's request for waivers. Specifically, Access 220 seeks waivers, subject to conditions set forth in its waiver request, of sections 90.733, 90.725, and 90.769 of the Commission's rules. Access 220's parent is Access Spectrum, LLC, which is currently a band manager licensee in the 700 MHz guard bands. Access 220 seeks waiver of the limitations contained in section 90.733 of the Commission's rules on permissible operations in the 220-222 MHz band in order to implement band management activities on the 115 licenses covered by
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  • MHz Band ) ) ) ) ) ) ) WT Docket No. 02-224 Memorandum Opinion and Order Adopted: October 16, 2002 Released: October 16, 2002 By the Chief, Wireless Telecommunications Bureau: Introduction On July 3, 2002, Access 220, LLC (``Access 220'') and its parent, Access Spectrum, LLC (``Access Spectrum''), filed a request seeking limited waiver of sections 90.733, 90.725, and 90.769 of the Commission's rules in order to extend their existing 700 MHz band management activities to Access 220's newly acquired 220-222 MHz licenses. By this Order, we grant Access 220's Waiver Request, as described below. background 220-222 MHz Service Rules The 220-222 MHz band is allocated for private and federal government land mobile use, and is dedicated to ``the development
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  • (rel. Aug. 4, 2000) (``MO&O''). The stations involved in the prior waiver were WPCU 518-545 (Phase I Nationwide); WPOL 329-334 (Phase II Regional); and WPOI 700 (Phase II Nationwide). NRTC also holds two Phase II Economic Area authorizations that were not a part of its prior waiver request (i.e., stations WPOI791 and WPOL328). 47 C.F.R § 90.725. 47 C.F.R. § 90.769. 47 C.F.R. § 90.767. See Request of NRTC, LLC for Waiver and Consolidation of 220 MHz Construction Requirements filed February 29, 2000 (``Waiver Request'') at 8. NRTC Petition at 1. Id. Withdrawal Letter at 1. MO&O at ¶¶4, 5. SAG Petition at 3. Id. at 1-2. Id. 47 C.F.R. § 1.925(c). See also In the Matter of 21st Century Telesis,
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  • (Petitioners) on November 15, 2002. Petitioners seek reconsideration of the Wireless Telecommunications Bureau's (Bureau) October 16, 2002, Memorandum Opinion and Order that granted the above-captioned waiver request of Access 220, LLC (Access 220). For the reasons discussed below, we deny the Petition. Background On July 3, 2002, Access 220 filed its request seeking limited waiver of Sections 90.733, 90.725, and 90.769 of the Commission's Rules in order to provide band manager services to its newly acquired 220-222 MHz licenses. Public Notice seeking comment on the Waiver Request was released on August 6, 2002. After carefully considering the record in the proceeding, we granted the Waiver Request to allow Access 220 to act as a band manager, with certain restrictions, for the
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  • Commission adopted the construction requirements in Section 90.767(a) of its rules, which requires 220 MHz EA and regional licensees to construct a sufficient number of base stations to provide coverage to at least one-third of the population of their market areas within five years of license issuance and to at least two-thirds of the population within ten years. Additionally, Section 90.769(a) requires that 220 MHz nationwide licensees construct a sufficient number of base stations to provide coverage to a composite area of at least 750,000 square kilometers or 37.5 percent of the United States population within five years of license issuance and to at least 1,500,000 square kilometers or 75 percent of the United States population within ten years of license
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  • 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 Rcd 20464 (2002). See Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 5299 (2000). The address for FCC
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  • Accordingly, BizCom asserts it would be contrary to the public interest for the Commission to grant the requested waiver of its buildout requirements without a more specific quantitative basis for its decision as to whether substantial service has been achieved. Discussion. Under the Access Waiver Order, we required Access to satisfy the Phase II nationwide construction requirements of rule section 90.769 to renew each of its two Phase I nationwide licenses. As discussed herein, we affirmed in the Access Waiver Order that Access remained subject to applicable interim and renewal construction obligations, but we made clear that it could satisfy these requirements through the construction activities of its customers, as well as through its own activities. In light of applicable Commission
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  • and Order, we address a petition for reconsideration filed by Access 220, LLC, and its parent company, Access Spectrum, LLC (collectively, ``Access''). Access seeks reconsideration of the Mobility Division's (Division) Memorandum Opinion and Order released on October 23, 2006 (Waiver Order) in the above-captioned proceeding. In the Waiver Order, the Division granted, in part, Access' request for waiver of section 90.769, 47 C.F.R. § 90.769, of the Commission's rules by granting Access a conditional five-year renewal of its two Phase I nationwide licenses. The Division denied Access' remaining requests for relief. Regarding the instant Petition, we find that Access has neither demonstrated a material error or omission by the Division nor offered new facts or evidence that was not considered in
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  • 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 conditions under which radio communications systems may be licensed and used in the Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio Services. Subpart W sets forth the rules governing the use
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  • 23, 2009 Reply Comment Date: February 9, 2009 By this Public Notice, the Wireless Telecommunications Bureau (Bureau) seeks comment on a request for waiver and extension of time to construct and a request for other rule waivers filed by PTC-220, LLC (PTC-220) for twelve Part 90 220 MHz licenses (Waiver Request). Specifically, PTC-220 requests a waiver of sections 90.767(a) and 90.769(a) of the Commission's rules to extend the ten-year construction deadline for its licenses by five years. In addition, PTC-220 requests a waiver of certain other 220 MHz service rules. PTC-220 is a joint venture of Ekanet, Inc. (a subsidiary of Union Pacific Corporation) and Norfolk Southern Railway Company (a subsidiary of Norfolk Southern Corporation). In June 2008, PTC-220 acquired and
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  • 0003634450, 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 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
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  • 0003634442-48, 0003634450, 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
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  • use extensively in rural areas, to the overall benefit of rural consumers and that strict application of the construction requirements is not warranted in this instance. DISCUSSION Pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission's rules, NRTC's licenses will terminate automatically as of the construction deadlines if NRTC fails to meet the requirements of sections 90.767 (regional licenses) or 90.769 (nationwide license) of the Commission's rules unless the Commission grants an extension or waives the construction requirements. The current construction deadlines for all but one of the licenses are March 22, 2007 and March 22, 2009, respectively. The construction deadline for call sign WPOK780 is October 7, 2007 and October 7, 2009, respectively. A waiver may be granted, pursuant to
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  • in rural areas, to the overall benefit of rural consumers and that strict application of the construction requirements is not warranted in this instance.26 III. DISCUSSION 8. Pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission's rules, NRTC's licenses will terminate automatically as of the construction deadlines if NRTC fails to meet the requirements of sections 90.767 (regional licenses) or 90.769 (nationwide license) of the Commission's rules unless the Commission grants an extension or waives the construction requirements.27The current construction deadlines for all but one of the licenses are March 22, 2007 and March 22, 2009, respectively. The construction deadline for call sign WPOK780 is October 7, 2007 and October 7, 2009, respectively. 9. A waiver may be granted, pursuant to
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  • 43-06 04/30/12 3060-0767 Secs. 1.2110, 1.2111, 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
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  • FINAL RULES Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: 1. Section 90.1019(d)(1)(ii) is revised as follows: (d) Construction Requirements. * * * * (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
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  • Sec. 90.1019 Eligibility for partitioned licenses and disaggregated spectrum. * * * (d) Construction requirements. * * * (2) Requirements for disaggregation. Parties seeking authority to disaggregate spectrum must certify in FCC Form 601 which of the parties will be responsible for meeting the five-year and ten-year construction requirements for the particular market as set forth in §§ 90.767 of 90.769 of this part, as applicable. Parties may agree to share responsibility for meeting the construction requirements. If one party accepts responsibility for meeting the construction requirements and later fails to do so, then its license will cancel automatically without further Commission action. If both parties accept responsibility for meeting the construction requirements and later fail to do so, then both
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  • in their EA or REAG, e.g., incumbent, Phase I licensees, to meet the construction requirement of paragraph (a) or (b) of this section, as applicable. (e) EA and Regional licensees will not be required to construct and place in operation, or commence service on, all of their authorized channels at all of their base stations or fixed stations. 5. Section 90.769 is amended to read as follows: § 90.769 Construction and implementation of Phase II nationwide licenses. (a) A nationwide licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to a composite area of at least 750,000 square kilometers or 37.5 percent of the United States population within five
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  • other providers in their EA or REAG, e.g., incumbent, Phase I licensees, to meet the construction requirement of paragraph (a) of this section, as applicable. (e) EA and Regional licensees will not be required to construct and place in operation, or commence service on, all of their authorized channels at all of their base stations or fixed stations. 17. Section 90.769 is amended to read as follows: § 90.769 Construction and implementation of Phase II nationwide licenses. (a) A nationwide licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to a composite area of at least 750,000 square kilometers or 37.5 percent of the United States population within five
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  • a condition for renewal at the end of each license term.'' 47 C.F.R. § 27.14(e). See, e.g., 47 C.F.R. §§ 22.503(k)(1), (2) (paging MEA and EA licensees); 24.103(a)-(c) (narrowband PCS); 24.203(a), (b) (broadband PCS); 27.14(g), (h) (WCS 700 MHz licensees); 90.155(d) (multilateration LMS EA licensees); 90.665(c) (SMR MTA licensees); 90.685(b) (SMR EA licensees); 90.767 (220-222 MHz EA and Regional licensees); 90.769 (220-222 MHz Phase II nationwide licensees); 101.1325 (MAS EA licensees); 101.1413 (MVDDS). See, e.g., 47 C.F.R. §§ 22.503(k)(3) (paging MEA and EA licensees); 22.873 (commercial aviation air-ground licensees); 24.103(a)-(d) (narrowband PCS); 24.203(d) (broadband PCS); 27.14(a) (AWS and WCS); 80.49(a)(1) (VHF public coast station geographic area licensees); 80.49(a)(3) (AMTS); 90.155(d) (multilateration LMS EA licensees); 90.665(c) (SMR MTA licensees); 90.685(b) (SMR EA
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  • a condition for renewal at the end of each license term." 47 C.F.R. § 27.14(e). 63See, e.g., 47 C.F.R. §§ 22.503(k)(1), (2) (paging MEA and EA licensees); 24.103(a)-(c) (narrowband PCS); 24.203(a), (b) (broadband PCS); 27.14(g), (h) (WCS 700 MHz licensees); 90.155(d) (multilateration LMS EA licensees); 90.665(c) (SMR MTA licensees); 90.685(b) (SMR EA licensees); 90.767 (220-222 MHz EA and Regional licensees); 90.769 (220-222 MHz Phase II nationwide licensees); 101.1325 (MAS EA licensees); 101.1413 (MVDDS). 64See, e.g., 47 C.F.R. §§ 22.503(k)(3) (paging MEA and EA licensees); 22.873 (commercial aviation air-ground licensees); 24.103(a)-(d) (narrowband PCS); 24.203(d) (broadband PCS); 27.14(a) (AWS and WCS); 80.49(a)(1) (VHF public coast station geographic area licensees); 80.49(a)(3) (AMTS); 90.155(d) (multilateration LMS EA licensees); 90.665(c) (SMR MTA licensees); 90.685(b) (SMR EA
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  • dB Protection .....................61 (5)Protection of Phase I Systems ...............................64 2.Calculation of Service Contour ....................................68 3.Emission Masks ................................................76 4.Antenna Height Above Average Terrain vs. Antenna Height Above Ground ..........................................78 5.Allowable Power Limit for Mobile Channels ..........................81 6.Allowable Power Limit for Nationwide Licensees ......................92 7.Modification of Phase I Non-Nationwide Licenses ......................95 8.Substantial Service ............................................107 9.Spectrum Efficiency Standard ....................................111 10.Construction Requirements in Section 90.769 of Commission's Rules ......150 11.Return of Pending Nationwide 220 MHz Service Applications ............152 12.Acquisition of Multiple Nationwide Licenses .........................155 13.Installment Payments ...........................................157 14.Other Issues .................................................165 B.220 MHz Second Report and Order Issues ...............................167 1.Maximum Distance Relocation Limitations ..........................167 2.Non-Relocation Modifications ....................................175 3.Special Temporary Authority .....................................185 4.Alternative Site Proposals .......................................196 5.Other Waiver Issues ...........................................202 IV.PROCEDURAL MATTERS ............................................206 Federal Communications Commission FCC
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  • licensees, to meet the construction requirement of paragraph (a) or (b) of this section, as applicable. Federal Communications Commission FCC 97-57 PAGE B-24 (f) EA and Regional licensees will not be required to construct and place in operation, or commence service on, all of their authorized channels at all of their base stations or fixed stations. 32. A new Section 90.769 is added to read as follows: Section 90.769 Construction and implementation of Nationwide licenses. (a) A nationwide licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to: (1) A composite area of at least 750,000 square kilometers or 37.5 percent of the United States population within five years
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  • dB Protection .....................61 (5)Protection of Phase I Systems ...............................64 2.Calculation of Service Contour ....................................68 3.Emission Masks ................................................76 4.Antenna Height Above Average Terrain vs. Antenna Height Above Ground ..........................................78 5.Allowable Power Limit for Mobile Channels ..........................81 6.Allowable Power Limit for Nationwide Licensees ......................92 7.Modification of Phase I Non-Nationwide Licenses ......................95 8.Substantial Service ............................................107 9.Spectrum Efficiency Standard ....................................111 10.Construction Requirements in Section 90.769 of Commission's Rules ......150 11.Return of Pending Nationwide 220 MHz Service Applications ............152 12.Acquisition of Multiple Nationwide Licenses .........................155 13.Installment Payments ...........................................157 14.Other Issues .................................................165 B.220 MHz Second Report and Order Issues ...............................167 1.Maximum Distance Relocation Limitations ..........................167 2.Non-Relocation Modifications ....................................175 3.Special Temporary Authority .....................................185 4.Alternative Site Proposals .......................................196 5.Other Waiver Issues ...........................................202 IV.PROCEDURAL MATTERS ............................................206 Federal Communications Commission FCC
• 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
  • be the remainder of the original licensee's license term. (e) Construction Requirements. Federal Communications Commission FCC 98-186 29 (1) Requirements for Partitioning. Phase II EA, Regional or nationwide licensees seeking authority to partition must meet one of the following construction requirements: (A) The partitionee may certify that it will satisfy the applicable construction requirements set forth in Secs. 90.767 or 90.769, as applicable, for the partitioned license area; or (B) The original licensee 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 Secs. 90.767 or 90.769, as applicable, for the entire license area. In that case, the partitionee must only satisfy the requirements for "substantial service," as
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • providers in their EA or REAG, e.g., incumbent, Phase I licensees, to meet the construction requirement of paragraph (a) or (b) of this section, as applicable. (f) EA and Regional licensees will not be required to construct and place in operation, or commence service on, all of their authorized channels at all of their base stations or fixed stations. § 90.769 Construction and implementation of Phase II nationwide licenses. (a) A nationwide licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to: (1) A composite area of at least 750,000 square kilometers or 37.5 percent of the United States population within five years of the issuance of its initial
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=18
  • be directed to the Technical Support Hotline at (202) 414-1250 (V) or (202) 414-1255 (TTY). The Commission makes no representations or guarantees regarding the accuracy or completeness of information that has been provided by incumbent licensees and incorporated into the database. Construction Requirements The construction build out requirements are defined at 47 CFR 90.767 for EA/Regional licensees, and 47 CFR 90.769 for nationwide licensees. You can also find these definitions on pages 413-414 of the published copy of the Phase II 220 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
• http://wireless.fcc.gov/licensing/index.htm?job=const_req_by_service
  • to a composite area of 750,000 sq. km or 37.5% of the US population within 5 years of initial license grant, and 1,500,000 sq. km or 75% of the population within 10 years of initial license grant. Alternatively, nationwide licensees may meet the construction requirements by demonstrating an appropriate level of substantial service at the 5- and 10-year benchmarks. QA 90.769 601 Main Form and Schedule K 220 MHz Phase II (EA or Regional Licenses) Provide coverage to at least 1/3 of the population in the licensed area within 5 years of initial license grant, and 2/3 of the population within 10 years of initial license grant. Alternatively, EA or Regional licensees may meet their construction requirements by providing an appropriate
• http://wireless.fcc.gov/services/index.htm?job=operations_1&id=220mhz
  • composite area of at least 750,000 square kilometers or 37.5 percent of the population of the US within 5 years of the issuance of its initial license and coverage to a composite area of at least 1,500,000 square kilometers or 75 percent of the US population within 10 years of the issuance of its initial license in accordance with [36]Rule 90.769. Alternatively a Phase II NWA licensee may demonstrate substantial service at its 5 and 10 year benchmarks also in accordance with [37]Rule 90.769. Deconstruction or Discontinuance of Station Operations A station that is not operational for one year or more is considered to have been permanently discontinued as described in [38]Rule 90.157. [39]Return to Top Arrow Return To Top Last
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001762.doc
  • the Matter of ) ) National Rural Telecommunications ) File No. 131693 Cooperative, LLC ) ) Request for Waiver and Consolidation ) Of 220 MHz Construction Requirements ) By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: I. Introduction 1. On February 29, 2000, National Rural Telecommunications Cooperative, LLC (NRTC) filed a request seeking waiver of Sections 90.725, 90.767, and 90.769 of the Commission's rules in order to consolidate the construction (``buildout'') requirements for its various licensed 220 MHz facilities. By this Order, we grant NRTC's waiver request in part and deny it in part, as described below. II. Background 2. NRTC is a non-profit cooperative association composed of rural electric cooperatives, rural telephone systems, and small independent telephone companies. NRTC
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00102.doc
  • FINAL RULES Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: 1. Section 90.1019(d)(1)(ii) is revised as follows: (d) Construction Requirements. * * * * (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
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00187.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00187.txt
  • Sec. 90.1019 Eligibility for partitioned licenses and disaggregated spectrum. * * * (d) Construction requirements. * * * (2) Requirements for disaggregation. Parties seeking authority to disaggregate spectrum must certify in FCC Form 601 which of the parties will be responsible for meeting the five-year and ten-year construction requirements for the particular market as set forth in §§ 90.767 of 90.769 of this part, as applicable. Parties may agree to share responsibility for meeting the construction requirements. If one party accepts responsibility for meeting the construction requirements and later fails to do so, then its license will cancel automatically without further Commission action. If both parties accept responsibility for meeting the construction requirements and later fail to do so, then both