FCC Web Documents citing 101.31
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-373A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-373A1.pdf
- 1.903(a) of the Rules requires that stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service, and with a valid authorization granted by the Commission. Pacific Spanish was authorized under license WQCV596 to operate on microwave channel 22473.5 MHz, with an antenna azimuth of 116.1. In addition, sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, provides that certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, and operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Pacific Spanish in its applications is not contained
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- staff report concerning the 2000 biennial review of regulations required by the Telecommunications Act of 1996. We requested comment on the Initial Staff Report, and received 18 comments and four reply comments. Alloy LLC, now Cingular Wireless LLP, filed comments requesting reevaluation of the Quiet Zone rules. Specifically, Alloy stated: The current FCC Quiet Zone rules, 47 C.F.R. 1.924(d), 101.31(b)(v), add an excessive interval to the process of obtaining approval for wireless facilities within the vicinity of a FCC Quiet Zone. For example, the Puerto Rican properties held by Alloy subsidiaries fall completely within the quiet zone dictated by the Arecibo Observatory. Currently, the Observatory is often willing to provide written approval for wireless modifications, but the FCC's rules delay
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- demonstrate in its waiver petition that (a) there are no channels in 18 GHz under the existing plan that satisfy its requested need, (b) its proposed use is more spectrum-efficient than the use that would have been required under the current rules, and, (c) it has completed the frequency coordination procedures and met all of the other prerequisites of section 101.31 of the Commission's rules for conditional authorization, the Commission will consider granting a waiver of the size of a channel under section 101.147(r). As long as the stated conditions for waiver are met, the Commission also will consider granting an accompanying waiver of section 101.31(b)(1)(iii), which otherwise would bar conditional authorization of an application that is subject to a waiver.
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- 22471.75 MHz at the 4630 Border Village Road location; Uniradio had a pending application for license, filed May 19, 2004 and amended September 29, 2004, for 22464.75 MHz at the 4630 Border Village Road location; and Anderson Desk had a pending application for license, filed September 23, 2004, for 22461.25 MHz at the 7510 Airway Road location. Pursuant to Sections 101.31(b)(1) and 101.31(b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. These rule provisions for conditional authority, however, do not apply to the operations
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- 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-73 53 (1998); accord, e.g., WSYX Licensee, Inc., Order, DA 00-2091, 5 (WTB PSPWD rel. Sept. 22, 2000); Nevada Power Company, Order on Reconsideration, 14 FCC Rcd 17812, 17814 5 (WTB PSPWD 1999). See 47 C.F.R. 101.103. See 47 C.F.R. 101.31(b) (providing conditional authorization while the application is pending). See 47 C.F.R. 1.931. (continued....) Federal Communications Commission DA 00-2312 Federal Communications Commission DA 00-2312 J K @ @& 0 0 0 0 0 0 D
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1357A1_Erratum.doc
- OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 5, 2001 Released: June 7, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture, we find that WWC License LLC (WWC), operated microwave relay systems without Commission authorization, in apparent violation of Section 301 of the Communications Act of 1934 (``Act''), as amended, and Section 101.31(b)(iii) of the Commission's Rules (``Rules''). We conclude that WWC is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. Background 2. WWC's applications for fixed point to point microwave radio Stations WPJE660, WPJD256, WPJA761 were received on March 9, 2000. After that date, the applicant began operating the facilities under Rule 101.31(b)(2). This rule states
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- not contested either of these facts. Consequently, we believe a $2,000 reduction is appropriate. 5. Califormula next requests a reduction based on good faith efforts to comply with the rules. Califormula presents no evidence of any good faith attempt to comply with the rules and does not challenge our conclusion that it was not qualified for conditional authorization under Section 101.31(b)(1) of the Commission's Rules. Accordingly, we find that no further reduction in the forfeiture amount is warranted. 6. Califormula also asks us to consider its history of overall compliance before the Commission in mitigation of its violation. Our review of Commission records confirms that Califormula has a history of overall compliance with the Act and the Commission's Rules. Consequently, in
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- ) FORFEITURE ORDER Adopted: November 5, 2001 Released: November 7, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to WWC License LLC (``WWC'') for willful and repeated violations of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 101.31 of the Commission's Rules (``Rules''). The noted violations involve WWC's operation of microwave radio stations WPJE660, WPJD256, and WPJA761 without Commission authorization. On June 7, 2001, the Chief, Technical and Public Safety Division, Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of five thousand dollars ($5,000). WWC filed a response to the NAL on
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- Inc. (``Noventa'') to support its claim that Noventa changed its name in July of 1996 to Califormula. Califormula also attaches a copy of its FCC Form 601, in which Noventa asked the FCC to approve, among other things, Noventa's proposed move of its radio station transmitter from 1229 Third Avenue to 1696 Frontage Road, Chula Vista, California. 4. Citing Section 101.31(b)(1) of the Commission's Rules (``Rules''), Califormula contends that it had conditional FCC authorization to operate its radio station because its FCC Form 601, which it submitted on March 2, 1999, was pending before the FCC. Califormula is correct that its FCC Form 601 was still pending in July of 2000, but is mistaken in believing that its radio station qualified
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- initiated proceedings. Review/Revision/Streamlining Efforts Already Underway The Bureau already is in the process of considering revisions or possible elimination of numerous rules relating to wireless radio services. These efforts include revisions guided by competitive developments contemplated by Section 11 as well as streamlining efforts that fall outside the scope of Section 11. They are briefly summarized below. Sections 1.924 and 101.31 rules pertaining to Quiet Zones (and related rule sections). The Commission currently is considering ways in which it can streamline, modify, or eliminate requirements related to Quiet Zones, and has sought comment on these issues in the Quiet Zones Notice of Proposed Rulemaking. Section 20.11 rules relating to intercarrier compensation. The Commission currently is exploring ways of reforming its intercarrier
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A1_Erratum.doc
- initiated proceedings. Review/Revision/Streamlining Efforts Already Underway The Bureau already is in the process of considering revisions or possible elimination of numerous rules relating to wireless radio services. These efforts include revisions guided by competitive developments contemplated by Section 11 as well as streamlining efforts that fall outside the scope of Section 11. They are briefly summarized below. Sections 1.924 and 101.31 rules pertaining to Quiet Zones (and related rule sections). The Commission currently is considering ways in which it can streamline, modify, or eliminate requirements related to Quiet Zones, and has sought comment on these issues in the Quiet Zones Notice of Proposed Rulemaking. Section 20.11 rules relating to intercarrier compensation. The Commission currently is exploring ways of reforming its intercarrier
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- recently completed a comprehensive re-evaluation of the Part 101 rules. In the Competitive Bidding Conforming Edits Order, the Wireless Telecommunications Bureau modified or eliminated the following rules pertaining to competitive bidding in the MAS service to conform with the general competitive bidding rules set forth in Part 1 of the Commission's rules. Comments API asks the Commission to amend section 101.31(b) to make conditional temporary authorizations available for MAS applicants. In addition, API asks the Commission to amend section 101.47 to reallocate unsold commercial licenses for site-by-site private use. Recommendation The Part 101, subpart O rules concern licensing, technical, and operational rules, such as technical and operational standards and interference-related issues among MAS licensees as well as licensees in adjacent services.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
- recently completed a comprehensive re-evaluation of the Part 101 rules. In the Competitive Bidding Conforming Edits Order, the Wireless Telecommunications Bureau modified or eliminated the following rules pertaining to competitive bidding in the MAS service to conform with the general competitive bidding rules set forth in Part 1 of the Commission's rules. Comments API asks the Commission to amend section 101.31(b) to make conditional temporary authorizations available for MAS applicants. In addition, API asks the Commission to amend section 101.47 to reallocate unsold commercial licenses for site-by-site private use. Recommendation The Part 101, subpart O rules concern licensing, technical, and operational rules, such as technical and operational standards and interference-related issues among MAS licensees as well as licensees in adjacent services.
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- and 25 of Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in Ku-Band Frequency Range, ET Docket No. 98-206, Third Report and Order, 18 FCC Rcd 13468 (2003). See also Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 7589 (2003). Commission streamlined its requirements for applications affecting Quiet Zones and amended Section 101.31(b)(1)(v) to permit Part 101 applicants to initiate conditional operation provided they have obtained prior consent of the Quiet Zone entity. See Review of Quiet Zones Application Procedures, WT Docket No. 01-319, Report and Order, 19 FCC Rcd 3267 (2004). Commission adopted new licensing and service rules to promote the commercial development and growth of spectrum in the 71-76 GHz, 81-86
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- given to him in writing. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940005 (Enf. Bur., Western Region, San Diego Office, released September 28, 2005). 47 C.F.R. 101.147(s). 47 U.S.C. 503(b). 47 C.F.R. 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. 503(b)(2)(D). 47 U.S.C. 301. Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Kojo in its applications is not
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- this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Anderson Desk Company, at its address of record, and its counsel of record, Frederick J. Day, Esquire. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau 47 U.S.C. 301. 47 C.F.R. 101.147(s). See File No. 0000281783. Pursuant to Sections 101.31(b)(1) and 101.31(b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Anderson Desk in its application is not
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- 101.147(s). See File No. 0001861022. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940008 (Enf. Bur., Western Region, San Diego Office, released September 28, 2005). 47 C.F.R. 101.147(s). 47 U.S.C. 503(b). 47 C.F.R. 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. 503(b)(2)(D). 47 U.S.C. 301. Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by More Enterprises in its application is
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- 0001742599. See File No. 0002094917. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940013 (Enf. Bur., Western Region, San Diego Office, released September 28, 2005). 47 C.F.R. 101.147(s). 47 U.S.C. 503(b). 47 C.F.R. 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. 503(b)(2)(D). 47 U.S.C. 301. Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Uniradio in its applications is not
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- and private operators of point-to-point microwave systems licensed pursuant to Part 101 of our rules. Although E&K is not an FCC licensee, it has asked the Commission to accept its role in support of licensees as sufficient standing in this matter. Petition at 1. 47 C.F.R. 101.101. 47 C.F.R. 101.145. 47 C.F.R. 101.145(b). See 47 C.F.R. 101.31(b) (granting applicants for new point-to-point microwave radio stations or modifications of existing stations authority to operate the proposed stations during the pendency of its application upon the filing of a properly completed application, if certain conditions are satisfied). 47 C.F.R. 101.31(b)(iii). A list of comments, reply comments, and ex parte presentations is contained in the Appendix to this Memorandum
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- and technical burdens inherent to the licensing process necessary for compliance with the technical and operational rules. Recent Efforts In 2006, the Commission provided for additional sizes of channels in the 17.7-19.7 GHz band in order to increase spectrum use and to accommodate licensees who need to relocate facilities from the 18.3-19.3 GHz band. In 2004, the Commission amended section 101.31(b)(1)(v) to permit Part 101 applicants to initiate conditional operation after they have obtained consent of the Quiet Zone entity. The Commission also initiated a rulemaking to propose rules for fixed, point-to-point microwave service in the 37-38.6 GHz and 42.0-42.5 GHz frequency bands and to modify certain rules in the 38.6-40.0 GHz frequency band. Also in 2004, the Commission released the
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- necessary to define the general filing requirements for licensees in the Local Multipoint Distribution Service and for public safety licensees, and to provide specific procedures for the licensing, operation, and modification of facilities in the Local Multipoint Distribution Service. Legal Basis: 47 U.S.C. 151, 154, 157, 301, 303, 307, and 316. Section Number and Title: 101.21(g) Technical content of applications. 101.31(a)(3) Temporary and conditional authorizations. 101.61 Certain modifications not requiring prior authorization in the Local Multipoint Distribution Service and 24 GHz Service. 101.77(a)(1) Public safety licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands. SUBPART C-TECHNICAL STANDARDS Brief Description: The part 101 rules prescribe the manner in which portions of the radio spectrum may be made available for private
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- licenses remain in effect now. 18 GHz Second Reconsideration Order, 17 FCC Rcd at 24260-61 (para. 25). See 18 GHz Second Reconsideration Order , 17 FCC Rcd at 24260-61 (para. 25). See also 47 C.F.R. 101.4. See, e.g., SES-AMD-20080222-00189, filed Feb. 22, 2008, Attachment at 1. See, e.g., SES-AMD-20080222-00189, filed Feb. 22, 2008, Attachment at 1. See also Section 101.31(a)(1)(i) of the Commission's rules, 47 C.F.R. 101.31(a)(1)(i). See, e.g., SES-AMD-20080222-00186, filed Feb. 22, 2008, Attachment at 1; SES-AMD-20080222-00189, filed Feb. 22, 2008, Attachment at 1. See, e.g., SES-AMD-20080222-00189, filed Feb. 22, 2008, Attachment at 1. 47 C.F.R. 1.3, WAIT Radio, 418 F.2d 1153; Dominion Video Satellite, Inc., Order and Authorization, 14 FCC Rcd 8182, 8185 (para. 5) (Int'l
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- band, define the general filing requirements for licensees in the private operational, common carrier, LTTS, 24 GHz, LMDS, MAS, MVDDS and 70-80-90 GHz Services and to provide specific procedures for the licensing, operation, and modification of facilities in those services. Legal Basis: 47 U.S.C. 154 and 303. Section Number and Title: 101.17 Performance requirements for the 38.6-40.0 GHz frequency band. 101.31(e)(1)(viii) Temporary and conditional authorizations. 101.56 Partitioned service areas (PSAs) and disaggregated spectrum. 101.64 Service areas. SUBPART C-TECHNICAL STANDARDS Brief Description: The Part 101 rules prescribe the manner in which portions of the radio spectrum may be made available for private operational, common carrier, Local Television Transmission Service (LTTS), 24 GHz Service and Local Multipoint Distribution Service (LMDS), 39 GHz, Multiple
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- and its associated paths are no longer valid because the authorization to operate that Station terminated automatically on October 19, 2003. If City of Bentonville wishes to continue operating the terminated facilities, it must file a completed FCC Form 601, in accordance with all applicable Commission Rules, to reauthorize the facilities. If the application meets the criteria specified in Section 101.31 of the Commissions Rules, City of Bentonville may operate the facilities conditionally as soon as the application has been properly filed. In the interim, City of Bentonville should file a request for Special Temporary Authority, in accordance with Section 1.931 of the Commission's Rules, if it wishes to continue operating the facilities. Accordingly, IT IS ORDERED that pursuant to Sections
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- and its associated paths are no longer valid because the authorization to operate that Station terminated automatically on October 19, 2003. If City of Bentonville wishes to continue operating the terminated facilities, it must file a completed FCC Form 601, in accordance with all applicable Commission Rules, to reauthorize the facilities. If the application meets the criteria specified in Section 101.31 of the Commissions Rules, City of Bentonville may operate the facilities conditionally as soon as the application has been properly filed. In the interim, City of Bentonville should file a request for Special Temporary Authority, in accordance with Section 1.931 of the Commission's Rules, if it wishes to continue operating the facilities. Accordingly, IT IS ORDERED that pursuant to Sections
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- in Section 405(a) of the Communications Act. Consequently, we conclude the petitions for reconsideration filed by CBB must be dismissed as untimely filed. If CBB wishes to continue operating the terminated facilities, it must file a completed FCC Form 601, in accordance with all applicable Commission Rules, to reauthorize the facilities. If the application meets the criteria specified in Section 101.31 of the Commission's Rules, CBB may operate the facilities conditionally as soon as the application has been properly filed. In the interim, CBB should file a request for Special Temporary Authority, in accordance with Section 1.931 of the Commission's Rules, if it wishes to continue operating the facilities. ordering clause Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and
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- to relocate existing Fixed Service licensees in the 2165-2200 MHz bands in cases where sharing between MSS and FS is not possible, and made various editorial changes to the Part 101 rules. Legal Basis: 47 U.S.C. 154 and 303. Section Number and Title: 101.4 Transition plan. 101.17 Performance requirements for the 38.6-40.0 GHz frequency band. 101.21 Technical content of applications. 101.31 Temporary and conditional authorizations. 101.45 Mutually exclusive applications. 101.55 Considerations involving transfer or assignment applications. 101.61 Certain modifications not requiring prior authorization in the Local Multipoint Distribution Service and 24 GHz Service. 101.63 Period of construction; certification of completion of construction. 101.69 Transition of the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands from the fixed microwave services to personal
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- 1.903(a) of the Rules requires that stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service, and with a valid authorization granted by the Commission. Pacific Spanish was authorized under license WQCV596 to operate on microwave channel 22473.5 MHz, with an antenna azimuth of 116.1. In addition, sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, provides that certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, and operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Pacific Spanish in its applications is not contained
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- applicants to begin operation as soon as they finish coordinating their proposed stations with incumbent licensees and contemporaneous applicants to ensure that they will not interfere with each other. II. REGULATIONS AND POLICIES THAT THE COMMISSION ADOPTED OR MODIFIED, INCLUDING COMPLIANCE REQUIREMENTS In the 6 and 23 GHz R&O, the Commission took the following actions: Amended the table in Section 101.31(c) of the Commission's Rules to list 30 megahertz as the maximum permissible bandwidth in the Upper 6 GHz Band. Added note 33 to Section 101.147(a), stating that coordination of a new 30 megahertz link in the Upper 6 GHz Band should be attempted only if it cannot be accommodated in the 5925-6425 MHz band (Lower 6 GHz Band). Added Section
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- in Section 405(a) of the Communications Act. Consequently, we conclude the petition for reconsideration filed by Oregon must be dismissed as untimely filed. If Oregon wishes to continue operating the terminated facility, it must file a completed FCC Form 601, in accordance with all applicable Commission Rules, to reauthorize the facility. If the application meets the criteria specified in Section 101.31(b) of the Commission's Rules, Oregon may operate the facility conditionally as soon as the application has been properly filed. In the interim, Oregon should file a request for Special Temporary Authority, in accordance with Section 1.931 of the Commission's Rules, if it wishes to continue operating the facility. ordering clauseS Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and
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- in Section 405(a) of the Communications Act.14Consequently, we conclude the petition for reconsideration filed by Oregon must be dismissed as untimely filed. 6. If Oregon wishes to continue operating the terminated facility, it must file a completed FCC Form 601, in accordance with all applicable Commission Rules, to reauthorize the facility. If the application meets the criteria specified in Section 101.31(b) of the Commission's Rules, Oregon may 7File No. 0004034444 (granted Mar. 31, 2010). 8Mr. Ronald Kramer, Executive Director of Jefferson Public Radio, which is a network of public radio stations serving southern Oregon and northern California, reports that he received the Commission's construction notification reminder in September 2011 but could not figure out how to notify the Commission of construction.
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- Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Anderson Desk Company at its address of record. FEDERAL COMMUNICATIONS COMMISSION William R. Zears, Jr. District Director San Diego Office Western Region Enforcement Bureau 47 U.S.C. 301. 47 C.F.R. 101.147(s). 47 U.S.C. 503(b). See File No. 0000281783. Pursuant to Sections 101.31(b)(1) and 101.31(b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Anderson Desk in its application is not
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- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Kojo in its applications is not
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- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by More Enterprises in its application is
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- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Pacific Spanish in its applications is
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- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequencies proposed for use by Pacnet in its applications are not
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- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Pacnet in its applications is not
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- north latitude and 11704'04.9'' west longitude. The coordinates for this location are 3235'37'' north latitude and 11701'02'' west longitude. The actual measurement made by the agent showed the station to be operating on 22455.86 MHz. 22455.86 MHz is within the maximum allowable tolerance of microwave channel 22455.0 MHz. See 47 C.F.R. 101.147(s). See File No. 0002226777. Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequencies used by Tocabi are not contained in these frequency bands.
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- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Uniradio in its applications is not
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- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 47 C.F.R. 101.31(b). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. 1.80. 47 U.S.C. 503(b)(2)(D). 47 U.S.C. 301, 503(b), 47 C.F.R. 0.111, 0.311, 1.80. See 47 C.F.R. 1.1914. (...continued from previous page) (continued....) Federal Communications Commission Federal Communications Commission $ $ - w y } tm "
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- or eliminating the prohibition on POFS licensees offering common carrier services; revising Parts 74, 78, 90, and 101 for shared use of certain frequency bands; deleting several unnecessary or redundant sections of the rules concerning forms, notifications, and technical standards; clarifying conditional operations in the four low power frequency pairs in the 23 GHz band in Section 101.31(b)(vii); updating the transmitter frequency tolerance table in Section 101.107, and correcting and clarifying other minor technical rules; allowing conditional operation in the 952.95-956.15 and 956.55-959.75 MHz bands. . We note that some of the proposed rule changes are procedural in nature, and thus are exempt from notice and comment requirements pursuant to Section 553(b)(3)(A) of the Administrative Procedure
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- 2-3. We disagree. The Bureau informs us that, since Liberty's asset sale to Freedom, Freedom has filed applications for new microwave licenses to provide video programming in New York City, including service along the same paths that are the subject of this proceeding. According to the Bureau, although RCN, Freedom's parent, could conditionally activate these paths under 47 C.F.R. 101.31(e), it has advised the Bureau that it will await the Bureau's action on its pending applications. Bureau Opposition to Request for Oral Argument at 5-6. Assuming grant of these applications, therefore, the competitive implications of denial of Liberty's OFS applications would appear to be minimal. Therefore, we direct the Bureau to expedite its processing of Freedom's applications in order to
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- 14, 2000. 47 C.F.R. 25.203. The existing rules apply to all earth stations operating in frequency bands shared on a co-primary basis between terrestrial and satellite services. Onsat at i, 12-13. Onsat at i, 11-12. Onsat at 16-17. Onsat reply at 5-6. Comsearch reply at 5; National Spectrum Managers Association (NSMA) reply at 5. Id. See, 47 CFR 101.31(b). See, 47 CFR 101.31(b)(3). See, 47 CFR 101.103(d)(2)(xi) FWCC at 20. FWCC at 4. See, 47 CFR 25.133(a) NPRM at 95. NPRM at 14, 95. HBO/TBS at 5; JFL at 2; LMGT at 10-11; Onsat reply at 9 47 C.F.R. Part 25. See 5 U.S.C. 603. The RFA, see, 5 U.S.C. 601 et
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- its May 4, 1995 STA requests by claiming that approval was necessary to avoid losing customers, without disclosing that customers were already being served. See id. at 25069 51. Liberty's argument that its infractions "would no longer be violations" (Petition at 15) under current rules, which permit conditional initiation of service upon filing an application, see 47 C.F.R. 101.31(b), has no bearing on the violations of record. In any case, Liberty's claim is erroneous because Liberty activated six of the nineteen buildings identified in the HDO, and thirty-eight of its total of ninety-three unauthorized facilities, prior to filing an application with the Commission. See Liberty Cable Co., Inc., 15 FCC Rcd at 25067 46. In any event, our
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- staff report concerning the 2000 biennial review of regulations required by the Telecommunications Act of 1996. We requested comment on the Initial Staff Report, and received 18 comments and four reply comments. Alloy LLC, now Cingular Wireless LLP, filed comments requesting reevaluation of the Quiet Zone rules. Specifically, Alloy stated: The current FCC Quiet Zone rules, 47 C.F.R. 1.924(d), 101.31(b)(v), add an excessive interval to the process of obtaining approval for wireless facilities within the vicinity of a FCC Quiet Zone. For example, the Puerto Rican properties held by Alloy subsidiaries fall completely within the quiet zone dictated by the Arecibo Observatory. Currently, the Observatory is often willing to provide written approval for wireless modifications, but the FCC's rules delay
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- 12 FCC Rcd. 18,600 (1997). 47 C.F.R. 74.602. See Petition For Amendment Of The Commission's Rules Regarding The 37.0-38.6 GHz And 38.6-40 GHz Bands, DA 95-2341, Order, 11 FCC Rcd. 1156 (1996) (Freeze Order). See 39 GHz Band Auction Closes, Report Auc-30-E (Auction No. 30), DA 00-1035, rel. May 10, 2000. , supra. , supra. 47 C.F.R. 90.159(b), 101.31, and 74.431(g). 47 C.F.R. Part 1, Subpart I. Low power auxiliary stations are intended to transmit over distances of approximately 100 meters for uses such as wireless microphones, cue and control communications, and synchronization of TV camera signals. These stations are typically used in conjunction with a BAS station. 47 C.F.R. 74.861(d)(1). 47 C.F.R. 74.24. 47 C.F.R.
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- or eliminate the prohibition on POFS licensees offering common carrier services; to revise Parts 74, 78, 90, and 101 for shared use of certain frequency bands; to delete several unnecessary or redundant sections of the rules concerning forms, notifications, and technical standards; to clarify conditional operations in the four low power frequency pairs in the 23 GHz band in Section 101.31(b)(vii); to update the transmitter frequency tolerance table in Section 101.107; and to allow conditional operation in the 952.95-956.15 and 956.55-959.75 MHz bands. In the NPRM, the Commission also asked commenters to address a Petition for Rulemaking concerning the 10 GHz and 23 GHz bands that was filed on March 5, 1998 by the Telecommunications Industry Association (TIA). TIA filed the
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- in a horizontal path toward the receiving antenna. This type of antenna facilitates increased terrain clearance without long transmission lines, while permitting the active equipment to be located at or near ground level for ease of maintenance. See, e.g., 47 C.F.R. 101.115(d). MRC Comments at 8. See 47 C.F.R. 74.641(c). Notice at 46. 47 C.F.R. 90.159(b), 101.31, and 74.431(g). 47 C.F.R. Part 1, Subpart I. Notice at 47. Id. at 48. Low power auxiliary stations are intended to transmit over distances of approximately 100 meters for uses such as wireless microphones, cue and control communications, and synchronization of TV camera signals. These stations are typically used in conjunction with a BAS station. Id. at
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- such as NTIA, Cisco, Terabeam and Loea support the customary coordination around RAS observatories and the adoption of the NSF approach. NAS and NRAO also support it, but advocate using a 60 kilometer radius around the VLBA stations. They indicated that this would be consistent with the value for the same set of RAS sites in the table in Section 101.31 of the Commission's Rules. However, we are aware that NSF is developing revised interference protection criteria between RAS and the other services in the 81-86 GHz and 92-95 GHz segments of the band that are anticipated to take into account the observatory sensitivity, terrain shielding, and the azimuth of the path relative to the observatory. We understand that the NTIA
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- of applications that may implicate Quiet Zones, in the event that the applicant indicates that it has obtained consent, if required by section 1.924, of the Quiet Zone entity. Amend our rules to clarify that applicants may provide notification to and begin coordination with Quiet Zone entities, where required, in advance of filing an application with the Commission. Amend section 101.31(b)(1)(v) to permit Part 101 applicants to initiate conditional operation, provided they have obtained prior consent of the Quiet Zone entity to the extent required, and are otherwise eligible to initiate conditional operations over the proposed facility; similarly, we clarify that, for services in which individual station licenses are not issued, licensees may initiate operations immediately upon receipt of the Quiet
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- of applications that may implicate Quiet Zones, in the event that the applicant indicates that it has obtained consent, if required by section 1.924, of the Quiet Zone entity. Amend our rules to clarify that applicants may provide notification to and begin coordination with Quiet Zone entities, where required, in advance of filing an application with the Commission. Amend section 101.31(b)(1)(v) to permit Part 101 applicants to initiate conditional operation, provided they have obtained prior consent of the Quiet Zone entity to the extent required, and are otherwise eligible to initiate conditional operations over the proposed facility; similarly, we clarify that, for services in which individual station licenses are not issued, licensees may initiate operations immediately upon receipt of the Quiet
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- demonstrate in its waiver petition that (a) there are no channels in 18 GHz under the existing plan that satisfy its requested need, (b) its proposed use is more spectrum-efficient than the use that would have been required under the current rules, and, (c) it has completed the frequency coordination procedures and met all of the other prerequisites of section 101.31 of the Commission's rules for conditional authorization, the Commission will consider granting a waiver of the size of a channel under section 101.147(r). As long as the stated conditions for waiver are met, the Commission also will consider granting an accompanying waiver of section 101.31(b)(1)(iii), which otherwise would bar conditional authorization of an application that is subject to a waiver.
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- change can easily eliminate this potential problem and retain our goal for wide bandwidth use of the 70-80-90 GHz bands. We conclude that the 150 mW/100 MHz power spectral density limit will facilitate deployment of the high data-rate transmissions envisioned in these bands, for so-called ``fiber-equivalent'' wireless services. Conditional operating authority Petition WCA seeks to have the Commission amend section 101.31(b) to add the 70/80 GHz frequencies to the list of frequencies for which conditional operation is available, so that nationwide license applicants may get links up and running as soon as Federal Government coordination by NTIA and link registration have been completed. The Petition asserts that conditional operating authority is an important element of licensing under Part 101 and therefore
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- areas identified in Section 1.924(e) of the Commission's Rules for the 17.8-20.2 GHz band. NTIA avers that this result would be implemented with minimum impact on MVPDs through the adoption of the following footnote to the Table of Allocations, 47 C.F.R. 2.106, and the implementation of associated changes to existing rules in Parts 1, 74, and 78, and Section 101.31, the last by extending to MVPDs at 17.7-17.8 GHz the existing prohibition on the early commencement of operations at 17.8-19.7 GHz pending coordination with the Federal Government. USXXX -In the band 17.7-17.8 GHz, Federal earth stations in the fixed-satellite service (space-to-Earth) may be authorized in the Denver, CO and Washington, DC areas on a primary basis. Before commencement of operations,
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- 22471.75 MHz at the 4630 Border Village Road location; Uniradio had a pending application for license, filed May 19, 2004 and amended September 29, 2004, for 22464.75 MHz at the 4630 Border Village Road location; and Anderson Desk had a pending application for license, filed September 23, 2004, for 22461.25 MHz at the 7510 Airway Road location. Pursuant to Sections 101.31(b)(1) and 101.31(b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. These rule provisions for conditional authority, however, do not apply to the operations
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- no party that would be potentially harmed by grant of the Waiver Request. We note that the Commission may cancel conditional authority at any time, and we will not hesitate to do so if we receive notification that operation pursuant to conditional authority is causing interference. Accordingly, effective on release of this Notice of Proposed Rulemaking, we will waive Section 101.31(b)(vii) of the Commission's rules to allow for conditional authority on the 22.025/23.225 GHz and 22.075/23.275 GHz channel pairs for non-federal applicants proposing to limit their equivalent isotropically radiated power (EIRP) to 55 dBm. Any applicant taking advantage of such conditional authority must comply with the applicable provisions of Section 101.31 of the Commission's rules. Any authorizations granted pursuant to this
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- agencies, cable TV and private cable providers, backhaul providers, and/or their respective associations, communications carriers, and telecommunications attorneys and engineers. FWCC 6 GHz Petition at 1 n.1. FWCC states that its members build, install, and use both licensed and unlicensed point-to-point, point-to-multipoint, and other fixed wirelesssystems in frequency bands from 900 MHz to 95 GHz. Id. 2See 47 C.F.R. 101.31(b)(1)(ii)-(vi), (viii). See alsoFixed Wireless Communications Coalition Petition for Rulemaking (filed Nov. 7, 2007) (FWCC 23 GHz Petition). 3Fixed Wireless Communications Coalition Request for Waiver Pending Rulemaking (filed Nov. 7, 2007) (Waiver Request). 4See47 C.F.R. 101.147(i), (l). The 6425-6525 MHz band allows mobile operations and is shared with mobile stations licensed pursuant to Parts 74 and 78 of the Commission's
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- for Advocacy of the U.S. Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A Final Rules Part 101 of Title 47 of the Code of Federal Regulations is amended as follows: PART 101 - FIXED MICROWAVE SERVICES 1. The authority citation for Part 101 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 303. 2. Amend 101.31(b)(1)(vii) to read as follows: 101.31 Temporary and conditional authorizations. ***** (b) *** (1) *** (vii) With respect to the 21.8-22.1 GHz and 23.0-23.3 GHz band, the filed application(s) does not propose to operate on a frequency pair centered on other than 21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/23.125 GHz, 21.975/23.175 GHz, 22.025/23.225 GHz or 22.075/23.275 GHz and does not propose to
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- link license to add auxiliary stations. In those bands where conditional authority is available, applicants could operate their auxiliary stations as soon as they complete the frequency coordination process and file their application with the Commission, subject to the usual conditions and exceptions to conditional authority. Alternatively, we seek comment on whether, consistent with the procedures set out in Section 101.31 of our Rules for temporary fixed links, we could allow main link licensees to file blanket applications to operate temporary auxiliary stations at multiple locations within specified geographic areas surrounding the associated main links. Until we gain further experience with system operation under these new rules, we further propose to require that auxiliary stations be restricted from communicating directly with
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- 6525-6875 MHz Band; Amendment of Part 101 of the Commission's Rules to Provide for Conditional Authorization on Additional Channels in the 21.8-22.0 GHz and 23.0-23.2 GHz Band; Fixed Wireless Communications Coalition Request for Waiver, Notice of Proposed Rulemaking and Order in WTB Docket No. 09-114 and RM-11417, at paras. 23-24 (released Jun. 29, 2009) (granting request for waiver of Section 101.31(b)(vii) to allow for conditional authority under conditions that were proposed as rule changes in the NPRM portion of the decision). 47 C.F.R. 15.5(b) and 15.5(c). The operator of a wireless microphone shall be required to cease operation upon notification by a Commission representative that the device is causing harmful interference. See supra Section III.A. 47 C.F.R. 1.3. Northeast
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-120A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-120A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-120A1.txt
- Add 74.605 to read as follows: 74.605 Registration of stationary TV pickup receive sites Licensees of TV pickup stations in the 6875-7125 MHz and 12700-13200 MHz bands shall register their stationary receive sites using the Commission's Universal Licensing System. * * * * * PART 101 - FIXED MICROWAVE SERVICES AUTHORITY: 47 U.S.C. 154, 303. 3. Amend 101.31 by revising paragraph (b)(1) introductory text to read as follows: 101.31 Temporary and conditional authorizations. * * * * * (b) Conditional authorization. (1) An applicant for a new point-to-point microwave radio station(s) or a modification of an existing station(s) in the 952.95-956.15, 956.55-959.75, 3,700-4,200; 5,925-6,425; 6,525-6,875; 6,875-7,125; 10,550-10,680; 10,700-11,700; 11,700-12,200; 12,700-13,150; 13,200-13,250; 17,700-19,700; and 21,800-22,000 MHz, and 23,000-23,200
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-33A1.txt
- GHz Band, WT Docket No. 07-54, Report and Order, 22 FCC Rcd 17153 (2007). Id. at 17160 9. Id. at 17160 11. Id. Amendment of Part 101 of the Commission's Rules to Accommodate 30 Megahertz Channels in the 6525-6875 MHz Band, et al., Notice of Proposed Rulemaking and Order, FCC 09-58 (released Jun. 29, 2009). 47 C.F.R. 101.31(b)(1). 47 C.F.R. 101.31(b)(1)(i). 47 C.F.R. 101.31(b)(1)(iii). 47 C.F.R. 17.47(b). In the Matter of Requests of American Tower Corporation and Global Signal, Inc., to Waive Section 17.47(b) of the Commission's Rules, WT Docket No. 05-326, Memorandum Opinion and Order, 22 FCC Rcd 9743 (2007) (ATC/GSI Waiver Order); Petition of Optasite Towers L.L.C. for Waiver of Section 17.47(b) of
- http://transition.fcc.gov/Bureaus/Miscellaneous/News_Releases/1998/nrmc8010.html http://transition.fcc.gov/Bureaus/Miscellaneous/News_Releases/1998/nrmc8010.txt http://transition.fcc.gov/Bureaus/Miscellaneous/News_Releases/1998/nrmc8010.wp
- Amateur Radio Service. Seek comment on amending Parts 0, 1, and 97 of FCC Rules to privatize further the administration of the Amateur Radio Services and to simplify the licensing process. WTB Part 101: Further Streamline Fixed Microwave Service. Propose amending Part 101 of FCC Rules to: (a) simplify the coordination process whenever possible; (b) revise conditional authority rules ( 101.31(e)); (c) conform and consolidate the rules regarding operations in the 2450-2483.5 MHz band under Parts 101 & 90; (d) update Multiple Address Systems (MAS) rules as a result of Part 90 consolidation. WTB Part 90: Further Streamline Private Land Mobile Radio Service Rules. Propose amending Part 90 of FCC Rules to: (a) license the "color dot channels" and wireless microphone
- http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
- in 95.117, and section 97.29 (replacement license). Part 101.9 permits letter filing where no forms exist. Section 1.931(a), entitled "Application for special temporary authorization, temporary permit or temporary operating authority" permits letter filing, informal filing, telephone and telegraph in specified situations. Section 101.13(f) permits cancellation of license to be done by letter. Section 101.29(g) permits letter filing of amendments. Section 101.31(a)(2) permits letter filing for special, temporary and conditional authorizations in certain circumstances. Section 101.31(a)(6) permits filing for emergencies and war and other exceptional circumstances. Section 101.57(e) permits letter filing name and address changes. Section 90.145(a) permits letter filing similar to those permitted by section 1.931(a). In addition, pursuant to section 1.110 of our rules, applicants may, within 30 days of
- http://transition.fcc.gov/eb/Orders/2001/da011357.doc http://transition.fcc.gov/eb/Orders/2001/da011357.html
- OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 5, 2001 Released: June 7, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture, we find that WWC License LLC (WWC), operated microwave relay systems without Commission authorization, in apparent violation of Section 301 of the Communications Act of 1934 (``Act''), as amended, and Section 101.31(b)(iii) of the Commission's Rules (``Rules''). We conclude that WWC is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. Background 2. WWC's applications for fixed point to point microwave radio Stations WPJE660, WPJD256, WPJA761 were received on March 9, 2000. After that date, the applicant began operating the facilities under Rule 101.31(b)(2). This rule states
- http://transition.fcc.gov/eb/Orders/2001/da011867.doc http://transition.fcc.gov/eb/Orders/2001/da011867.html
- not contested either of these facts. Consequently, we believe a $2,000 reduction is appropriate. 5. Califormula next requests a reduction based on good faith efforts to comply with the rules. Califormula presents no evidence of any good faith attempt to comply with the rules and does not challenge our conclusion that it was not qualified for conditional authorization under Section 101.31(b)(1) of the Commission's Rules. Accordingly, we find that no further reduction in the forfeiture amount is warranted. 6. Califormula also asks us to consider its history of overall compliance before the Commission in mitigation of its violation. Our review of Commission records confirms that Califormula has a history of overall compliance with the Act and the Commission's Rules. Consequently, in
- http://transition.fcc.gov/eb/Orders/2001/da012582.html http://transition.fcc.gov/eb/Orders/2001/da012582.pdf
- FORFEITURE ORDER Adopted: November 5, 2001 Released: November 7, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to WWC License LLC (``WWC'') for willful and repeated violations of Section 301 of the Communications Act of 1934, as amended (``Act'')1 and Section 101.31 of the Commission's Rules (``Rules'').2 The noted violations involve WWC's operation of microwave radio stations WPJE660, WPJD256, and WPJA761 without Commission authorization. 2. On June 7, 2001, the Chief, Technical and Public Safety Division, Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of five thousand dollars ($5,000).3 WWC filed a response to the NAL
- http://transition.fcc.gov/eb/Orders/2001/da01342.doc http://transition.fcc.gov/eb/Orders/2001/da01342.html
- Inc. (``Noventa'') to support its claim that Noventa changed its name in July of 1996 to Califormula. Califormula also attaches a copy of its FCC Form 601, in which Noventa asked the FCC to approve, among other things, Noventa's proposed move of its radio station transmitter from 1229 Third Avenue to 1696 Frontage Road, Chula Vista, California. 4. Citing Section 101.31(b)(1) of the Commission's Rules (``Rules''), Califormula contends that it had conditional FCC authorization to operate its radio station because its FCC Form 601, which it submitted on March 2, 1999, was pending before the FCC. Califormula is correct that its FCC Form 601 was still pending in July of 2000, but is mistaken in believing that its radio station qualified
- http://transition.fcc.gov/eb/Orders/2006/DA-06-1666A1.html
- given to him in writing. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940005 (Enf. Bur., Western Region, San Diego Office, released September 28, 2005). 47 C.F.R. S 101.147(s). 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. S 301. Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. SS 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Kojo in its applications is not
- http://transition.fcc.gov/eb/Orders/2006/DA-06-1667A1.html
- this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Anderson Desk Company, at its address of record, and its counsel of record, Frederick J. Day, Esquire. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau 47 U.S.C. S 301. 47 C.F.R. S 101.147(s). See File No. 0000281783. Pursuant to Sections 101.31(b)(1) and 101.31(b)(1)(v) of the Rules, 47 C.F.R. SS 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Anderson Desk in its application is not
- http://transition.fcc.gov/eb/Orders/2006/DA-06-1668A1.html
- 101.147(s). See File No. 0001861022. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940008 (Enf. Bur., Western Region, San Diego Office, released September 28, 2005). 47 C.F.R. S 101.147(s). 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. S 301. Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. SS 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by More Enterprises in its application is
- http://transition.fcc.gov/eb/Orders/2006/DA-06-1669A1.html
- 0001742599. See File No. 0002094917. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940013 (Enf. Bur., Western Region, San Diego Office, released September 28, 2005). 47 C.F.R. S 101.147(s). 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. S 301. Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. SS 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Uniradio in its applications is not
- http://transition.fcc.gov/eb/Orders/2009/FCC-09-114A1.html
- 22471.75 MHz at the 4630 Border Village Road location; Uniradio had a pending application for license, filed May 19, 2004 and amended September 29, 2004, for 22464.75 MHz at the 4630 Border Village Road location; and Anderson Desk had a pending application for license, filed September 23, 2004, for 22461.25 MHz at the 7510 Airway Road location. Pursuant to Sections 101.31(b)(1) and 101.31(b)(1)(v) of the Rules, 47 C.F.R. S:S: 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. These rule provisions for conditional authority, however, do not apply to the operations
- http://transition.fcc.gov/eb/Orders/2011/DA-11-373A1.html
- 1.903(a) of the Rules requires that stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service, and with a valid authorization granted by the Commission. Pacific Spanish was authorized under license WQCV596 to operate on microwave channel 22473.5 MHz, with an antenna azimuth of 116.1DEG. In addition, sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, provides that certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, and operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Pacific Spanish in its applications is not contained
- http://wireless.fcc.gov/uls/ebf/special_cond_code21.pdf http://wireless.fcc.gov/uls/ebf/special_cond_code21.txt
- compliance with any current or future sharing arrangements, agreements, or tre|aties between the United States and Mexico.||||P 1071|LP|The application has been granted-in-part for renewal only. The changes requested require an application for modification pursuant to Rule 90.135.|||||P 1072|MW|OPERATION ON FREQUENCIES WHICH ARE WITHIN OR OVERLAP THE FREQUENCY BAND 10600-10680 MHZ IS PROHIBITED WITHIN ANY OF THE REGIONS DEFINED IN SECTION 101.31(B)(VI).||||| 1073|MW|OPERATION ON FREQUENCIES WHICH ARE WITHIN OR OVERLAP THE FREQUENCY BAND 17800-19700 MHZ IS PROHIBITED WITHIN ANY OF THE COORDINATION OR EXCLUSION ZONES DEFINED IN SECTION 1.924(E) FOR GOVERNMENT SATELLITE EARTH STATIONS.||||| 1074|LP|Authorization for stations in Region 1 using channels 601 - 714 will be secondary to Canadian operations and conditioned to require that licensees take immediate action to eliminate
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref02.pdf
- Alabama Huntsville $92.90 $97.74 $73.62 $73.62 $73.62 $73.62 $69.00 $69.00 $69.00 $69.00 $69.00 $69.00 Alaska Anchorage 34.25 34.25 34.25 34.25 30.75 30.75 30.75 30.75 53.00 53.00 53.00 53.00 Arizona Tucson 69.97 62.19 62.31 62.31 62.31 62.47 58.91 58.91 58.91 60.03 60.03 60.03 Arkansas Pine Bluff 101.33 101.67 101.74 101.69 93.44 92.94 93.27 93.19 93.22 93.43 93.43 93.43 Arkansas West Memphis 101.31 103.69 103.67 102.71 93.60 94.24 94.51 94.61 94.30 94.55 94.55 94.55 California Anaheim 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16 71.10 71.10 65.62 66.03 California Bakersfield 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16 71.10 69.80 65.62 66.03 California Fresno 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16 71.10 69.80 65.62 66.03 California Long Beach 74.30 83.08 83.78 83.78
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref03.pdf
- $73.62 $73.62 $73.62 $73.62 $69.00 $69.00 $69.00 $69.00 $69.00 $69.00 $69.00 Alaska Anchorage 34.25 34.25 34.25 34.25 30.75 30.75 30.75 30.75 53.00 53.00 53.00 53.00 65.70 Arizona Tucson 69.97 62.19 62.31 62.31 62.31 62.47 58.91 58.91 58.91 60.03 60.03 61.48 55.65 Arkansas Pine Bluff 101.33 101.67 101.74 101.69 93.44 92.94 93.27 93.19 93.22 93.43 93.43 93.43 93.43 Arkansas West Memphis 101.31 103.69 103.67 102.71 93.60 94.24 94.51 94.61 94.30 94.55 94.55 94.55 94.55 California Anaheim 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16 71.10 71.10 65.62 66.10 66.05 California Bakersfield 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16 71.10 69.80 65.62 66.10 66.05 California Fresno 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16 71.10 69.80 65.62 66.10 66.05 California Long Beach
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref98.pdf
- Cities * (as of October 15) State City 1990 1991 1992 1993 1994 1995 1996 1997 Alabama Huntsville $92.90 $97.74 $73.62 $73.62 $73.62 $73.62 $69.00 $69.00 Alaska Anchorage 34.25 34.25 34.25 34.25 30.75 30.75 30.75 30.75 Arizona Tucson 69.97 62.19 62.31 62.31 62.31 62.47 58.91 58.91 Arkansas Pine Bluff 101.33 101.67 101.74 101.69 93.44 92.94 93.27 93.19 Arkansas West Memphis 101.31 103.69 103.67 102.71 93.60 94.24 94.51 94.61 California Fresno 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16 California Long Beach 74.30 83.08 83.78 83.78 80.20 84.33 92.51 92.51 California Los Angeles 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16 California Oakland 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16 California San Jose 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref99.pdf
- 15) State City 1990 1991 1992 1993 1994 1995 1996 1997 1998 Alabama Huntsville $92.90 $97.74 $73.62 $73.62 $73.62 $73.62 $69.00 $69.00 $69.00 Alaska Anchorage 34.25 34.25 34.25 34.25 30.75 30.75 30.75 30.75 33.00 Arizona Tucson 69.97 62.19 62.31 62.31 62.31 62.47 58.91 58.91 58.91 Arkansas Pine Bluff 101.33 101.67 101.74 101.69 93.44 92.94 93.27 93.19 93.22 Arkansas West Memphis 101.31 103.69 103.67 102.71 93.60 94.24 94.51 94.61 94.30 California Fresno 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16 71.10 California Long Beach 74.30 83.08 83.78 83.78 80.20 84.33 92.51 92.51 91.10 California Los Angeles 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16 71.10 California Oakland 76.20 70.84 70.25 71.17 69.87 71.64 72.23 73.16 72.51 California San Jose 76.20 70.84 70.25
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs01-0.pdf
- C GTE SOUTHWEST INC. - TX -0.38 5.26 -5.36 0.00 442083 C GUADALUPE VALLEY TEL CO-OP. INC. 6.49 9.06 -2.36 -4.39 442084 C UNITED TELEPHONE CO. OF TEXAS INC. 7.09 5.02 1.97 7.65 442086 C HILL COUNTRY TELEPHONE CO-OP. INC. 6.80 8.31 -1.40 -1.13 442090 C ALENCO COMMUNICATIONS, INC. 12.77 6.11 6.27 14.11 442091 C ETS TELEPHONE COMPANY, INC. 58.39 101.31 -21.32 38.53 442093 C INDUSTRY TELEPHONE COMPANY 16.24 3.29 12.54 30.85 442097 C KERRVILLE TELEPHONE COMPANY 27.71 8.53 17.67 958.15 442101 C CENTURYTEL OF LAKE DALLAS, INC. 10.39 15.27 -4.23 -3.88 442103 C LA WARD TELEPHONE EXCHANGE INC. 0.04 1.83 -1.76 -3.25 442104 C LAKE LIVINGSTON TEL. CO. 11.56 7.41 3.86 12.70 442105 C LIPAN TELEPHONE COMPANY 5.94 3.36 2.50
- http://www.fcc.gov/Bureaus/Miscellaneous/News_Releases/1998/nrmc8010.html http://www.fcc.gov/Bureaus/Miscellaneous/News_Releases/1998/nrmc8010.txt http://www.fcc.gov/Bureaus/Miscellaneous/News_Releases/1998/nrmc8010.wp
- Amateur Radio Service. Seek comment on amending Parts 0, 1, and 97 of FCC Rules to privatize further the administration of the Amateur Radio Services and to simplify the licensing process. WTB Part 101: Further Streamline Fixed Microwave Service. Propose amending Part 101 of FCC Rules to: (a) simplify the coordination process whenever possible; (b) revise conditional authority rules ( 101.31(e)); (c) conform and consolidate the rules regarding operations in the 2450-2483.5 MHz band under Parts 101 & 90; (d) update Multiple Address Systems (MAS) rules as a result of Part 90 consolidation. WTB Part 90: Further Streamline Private Land Mobile Radio Service Rules. Propose amending Part 90 of FCC Rules to: (a) license the "color dot channels" and wireless microphone
- http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
- in 95.117, and section 97.29 (replacement license). Part 101.9 permits letter filing where no forms exist. Section 1.931(a), entitled "Application for special temporary authorization, temporary permit or temporary operating authority" permits letter filing, informal filing, telephone and telegraph in specified situations. Section 101.13(f) permits cancellation of license to be done by letter. Section 101.29(g) permits letter filing of amendments. Section 101.31(a)(2) permits letter filing for special, temporary and conditional authorizations in certain circumstances. Section 101.31(a)(6) permits filing for emergencies and war and other exceptional circumstances. Section 101.57(e) permits letter filing name and address changes. Section 90.145(a) permits letter filing similar to those permitted by section 1.931(a). In addition, pursuant to section 1.110 of our rules, applicants may, within 30 days of
- http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992793.doc
- 47 C.F.R. 101.69(b), 101.79(a). See also ET First Report and Order, 7 FCC Rcd at 6886 5. See 47 C.F.R. 101.69(a), 101.71-101.77. 47 C.F.R. 101.81. Id. Waiver Request at 1. Id. Id. See 47 C.F.R. 101.65(a) (1998) (currently codified at 47 C.F.R. 1.955(a)(1)). Waiver Request at 1. Id. Id. Id. See 47 C.F.R. 101.31 (1998) (currently codified at 47 C.F.R. 1.931). The Commission also granted Tampa Electric's two subsequent requests to extend the special temporary authority (STA), subject to the same conditions of the original STA grant, which now is scheduled to expire on February 15, 2000. See Waiver Request at 1. Id. Id. 47 C.F.R. 1.925(b)(3) (formerly codified at 47 C.F.R
- http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992834.doc
- or at least disclosed the issue in the applications. We also note that the Commission's rules require applicants to utilize Standard A antennas in areas of frequency congestion. We conclude that Questar's proposed facilities are in an area of frequency congestion, so the use of a Standard B antenna in such area is inappropriate. 8. Further, we note that Section 101.31(e)(1) of the Commission's Rules permits a qualified applicant to begin conditional operations while its application for permanent authorization is pending. The first qualification is that frequency coordination has been successfully completed. Because we find that Questar has not successfully completed frequency coordination with WTCI, Questar does not qualify for conditional authorization under this rule. 9. Based on the record before
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00033.doc
- or eliminating the prohibition on POFS licensees offering common carrier services; revising Parts 74, 78, 90, and 101 for shared use of certain frequency bands; deleting several unnecessary or redundant sections of the rules concerning forms, notifications, and technical standards; clarifying conditional operations in the four low power frequency pairs in the 23 GHz band in Section 101.31(b)(vii); updating the transmitter frequency tolerance table in Section 101.107, and correcting and clarifying other minor technical rules; allowing conditional operation in the 952.95-956.15 and 956.55-959.75 MHz bands. . We note that some of the proposed rule changes are procedural in nature, and thus are exempt from notice and comment requirements pursuant to Section 553(b)(3)(A) of the Administrative Procedure
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980225.html
- Order (FCC 98-28). News Media Contact: Meribeth McCarrick (202) 418-0500. WTB Contact: Julie Buchanan at (202) 418-0783 and Rita Cookmeyer at (202) 418-0660. Internet URL: [24]http://www.fcc.gov/Bureaus/Wireless/News_Releases/1998/nrwl8005.htm l WIRELESS TELECOMMUNICATIONS ACTION - CONDITIONAL AUTHORIZATION AUTHORITY EXTENDED TO THE 10.6-10.68 GHZ BAND - REPORT WT 98-5. The Wireless Telecommunications Bureau and the Office of Engineering and Technology released an Order modifying Section 101.31 of the Commission's rules to provide for conditional authorization authority in the 10.6-10.68 GHz band under certain circumstances. Action by the Chief, Wireless Telecommunications Bureau and Chief, Office of Engineering and Technology, February 24, 1998, by Order (DA 98-349). News Media Contact: Meribeth McCarrick (202) 418-0500. WTB Contact: Wireless Telecommunications Bureau: Michael Pollak at (202) 418-1682; Office of Engineering and
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261710A1.html
- Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Anderson Desk Company at its address of record. FEDERAL COMMUNICATIONS COMMISSION William R. Zears, Jr. District Director San Diego Office Western Region Enforcement Bureau _________________________ 147 U.S.C. 301. 247 C.F.R. 101.147(s). 347 U.S.C. 503(b). 4See File No. 0000281783. Pursuant to Sections 101.31(b)(1) and 101.31(b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Anderson Desk in its application is not contained
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261712A1.html
- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 10Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Kojo in its applications is not contained
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261715A1.html
- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 7Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by More Enterprises in its application is not
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261716A1.html
- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 9Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Pacific Spanish in its applications is not
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261717A1.html
- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 8Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequencies proposed for use by Pacnet in its applications are not contained
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261718A1.html
- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 7Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Pacnet in its applications is not contained
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261719A1.html
- 3235'38.2'' north latitude and 11704'04.9'' west longitude. 5The coordinates for this location are 3235'37'' north latitude and 11701'02'' west longitude. 6The actual measurement made by the agent showed the station to be operating on 22455.86 MHz. 722455.86 MHz is within the maximum allowable tolerance of microwave channel 22455.0 MHz. See 47 C.F.R. 101.147(s). 8See File No. 0002226777. Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequencies used by Tocabi are not contained in these frequency bands. Also,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261720A1.html
- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 8Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Uniradio in its applications is not contained
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263336A1.html
- which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 8 47 C.F.R. 101.31(b). 9 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. 1.80. 10 47 U.S.C. 503(b)(2)(D). 11 47 U.S.C. 301, 503(b), 47 C.F.R. 0.111, 0.311, 1.80. 12 See 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263336A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263336A1.doc
- http://www.fcc.gov/eb/Orders/2001/da011357.doc http://www.fcc.gov/eb/Orders/2001/da011357.html
- OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 5, 2001 Released: June 7, 2001 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture, we find that WWC License LLC (WWC), operated microwave relay systems without Commission authorization, in apparent violation of Section 301 of the Communications Act of 1934 (``Act''), as amended, and Section 101.31(b)(iii) of the Commission's Rules (``Rules''). We conclude that WWC is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. Background 2. WWC's applications for fixed point to point microwave radio Stations WPJE660, WPJD256, WPJA761 were received on March 9, 2000. After that date, the applicant began operating the facilities under Rule 101.31(b)(2). This rule states
- http://www.fcc.gov/eb/Orders/2001/da011867.doc http://www.fcc.gov/eb/Orders/2001/da011867.html
- not contested either of these facts. Consequently, we believe a $2,000 reduction is appropriate. 5. Califormula next requests a reduction based on good faith efforts to comply with the rules. Califormula presents no evidence of any good faith attempt to comply with the rules and does not challenge our conclusion that it was not qualified for conditional authorization under Section 101.31(b)(1) of the Commission's Rules. Accordingly, we find that no further reduction in the forfeiture amount is warranted. 6. Califormula also asks us to consider its history of overall compliance before the Commission in mitigation of its violation. Our review of Commission records confirms that Califormula has a history of overall compliance with the Act and the Commission's Rules. Consequently, in
- http://www.fcc.gov/eb/Orders/2001/da012582.html http://www.fcc.gov/eb/Orders/2001/da012582.pdf
- FORFEITURE ORDER Adopted: November 5, 2001 Released: November 7, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to WWC License LLC (``WWC'') for willful and repeated violations of Section 301 of the Communications Act of 1934, as amended (``Act'')1 and Section 101.31 of the Commission's Rules (``Rules'').2 The noted violations involve WWC's operation of microwave radio stations WPJE660, WPJD256, and WPJA761 without Commission authorization. 2. On June 7, 2001, the Chief, Technical and Public Safety Division, Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of five thousand dollars ($5,000).3 WWC filed a response to the NAL
- http://www.fcc.gov/eb/Orders/2001/da01342.doc http://www.fcc.gov/eb/Orders/2001/da01342.html
- Inc. (``Noventa'') to support its claim that Noventa changed its name in July of 1996 to Califormula. Califormula also attaches a copy of its FCC Form 601, in which Noventa asked the FCC to approve, among other things, Noventa's proposed move of its radio station transmitter from 1229 Third Avenue to 1696 Frontage Road, Chula Vista, California. 4. Citing Section 101.31(b)(1) of the Commission's Rules (``Rules''), Califormula contends that it had conditional FCC authorization to operate its radio station because its FCC Form 601, which it submitted on March 2, 1999, was pending before the FCC. Califormula is correct that its FCC Form 601 was still pending in July of 2000, but is mistaken in believing that its radio station qualified
- http://www.fcc.gov/eb/Orders/2006/DA-06-1666A1.html
- given to him in writing. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940005 (Enf. Bur., Western Region, San Diego Office, released September 28, 2005). 47 C.F.R. S 101.147(s). 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. S 301. Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. SS 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Kojo in its applications is not
- http://www.fcc.gov/eb/Orders/2006/DA-06-1667A1.html
- this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Anderson Desk Company, at its address of record, and its counsel of record, Frederick J. Day, Esquire. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau 47 U.S.C. S 301. 47 C.F.R. S 101.147(s). See File No. 0000281783. Pursuant to Sections 101.31(b)(1) and 101.31(b)(1)(v) of the Rules, 47 C.F.R. SS 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Anderson Desk in its application is not
- http://www.fcc.gov/eb/Orders/2006/DA-06-1668A1.html
- 101.147(s). See File No. 0001861022. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940008 (Enf. Bur., Western Region, San Diego Office, released September 28, 2005). 47 C.F.R. S 101.147(s). 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. S 301. Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. SS 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by More Enterprises in its application is
- http://www.fcc.gov/eb/Orders/2006/DA-06-1669A1.html
- 0001742599. See File No. 0002094917. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940013 (Enf. Bur., Western Region, San Diego Office, released September 28, 2005). 47 C.F.R. S 101.147(s). 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. S 301. Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47 C.F.R. SS 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Uniradio in its applications is not
- http://www.fcc.gov/eb/Orders/2009/FCC-09-114A1.html
- 22471.75 MHz at the 4630 Border Village Road location; Uniradio had a pending application for license, filed May 19, 2004 and amended September 29, 2004, for 22464.75 MHz at the 4630 Border Village Road location; and Anderson Desk had a pending application for license, filed September 23, 2004, for 22461.25 MHz at the 7510 Airway Road location. Pursuant to Sections 101.31(b)(1) and 101.31(b)(1)(v) of the Rules, 47 C.F.R. S:S: 101.31(b)(1), 101.31(b)(1)(v), certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. These rule provisions for conditional authority, however, do not apply to the operations
- http://www.fcc.gov/eb/Orders/2011/DA-11-373A1.html
- 1.903(a) of the Rules requires that stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service, and with a valid authorization granted by the Commission. Pacific Spanish was authorized under license WQCV596 to operate on microwave channel 22473.5 MHz, with an antenna azimuth of 116.1DEG. In addition, sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, provides that certain applicants for point-to-point microwave stations, not located within 56.3 kilometers of any international border, and operating in certain frequency bands, are deemed to have conditional authority to operate their proposed stations during the pendency of their applications. The frequency proposed for use by Pacific Spanish in its applications is not contained
- http://www.fcc.gov/ogc/documents/opinions/1997/barthold.html http://www.fcc.gov/ogc/documents/opinions/1997/barthold.wp
- obtain from the Commission an OFS license for each microwave path between a radio station and a receiver located on the roof of the building that contracted to receive Bartholdi service. In order to expedite provision of service to subscribers, Bartholdi has applied for and the Commission has granted Special Temporary Authority pursuant to 47 U.S.C. 309(f) and 47 C.F.R. 101.31, allowing Bartholdi to provide service pending license approval. In March 1995, Bartholdi applied to the FCC for a number of OFS licenses. Time Warner, a competitor of Bartholdi, petitioned to deny the applications. On May 5, 1995, in one of its petitions to deny Bartholdi's OFS license applications, Time Warner informed the Commission of its discovery that Bartholdi had begun