FCC Web Documents citing 101.63

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

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  • COMMISSION Ricardo M. Durham Acting Chief, Spectrum Enforcement Division Enforcement Bureau 47. C.F.R. § 1.17(a)(2). 47 U.S.C. § 301. 47 C.F.R. § 1.903. File Nos. 0003483193 (WQJE535, granted August 11, 2008) and 0003483929 (WQJF544, granted August 20, 2008). Cricket filed its initial applications for these licenses on June 23, 2008, and on June 24, 2008, respectively. See 47 C.F.R. § 101.63 (stating that ``[c]onstruction of any authorized facility or frequency must be completed by the date specified in the license as pursuant to section 1.946''). See 47 C.F.R. § 1.946. File No. 0004113568 (February 3, 2010). File No. 0004149031 (March 5, 2010) (Ex.A: Description of Modification and Request for Waiver). Id. File No. 0004149018 (March 5, 2010) (Ex.A: Description of Notification
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  • loses its license for failure to comply with the adopted standard, will be prohibited from holding that same license for the same territory in the future. We seek comment on these proposals. If we decide to license the spectrum in these bands on a site-by-site basis, we seek comment on whether to apply the construction requirements set forth in Section 101.63 of our Rules. Section 101.63 provides, inter alia, that licensees authorized under Part 101 of our Rules must be in operation within 18 months from the initial date of grant. Section 101.63 further provides that failure to timely begin operation of the station will result in the automatic cancellation of that authorization. We seek comment on this construction requirement, as
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  • under § 17.4 of this chapter. Incumbent operators and geographic area licensees may negotiate alternative criteria. (c) The frequencies associated with incumbent authorizations that have been cancelled automatically or otherwise been recovered by the Commission will automatically revert to the applicable BTA licensee. 101.1405 Performance Requirements (a) Incumbent site-based licensees are subject to the construction requirements set forth in § 101.63. (b)) All ITFS BTA licensees must demonstrate substantial service at the time of license renewal. A licensee's substantial service showing should include, but not be limited to, the following information for each channel for which it holds a license, in each BTA or portion of a BTA covered by their license, in order to qualify for renewal of that license.
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  • coordination agreements with prior licensed facility operators before operating. (b) Whenever a licensee constructs or makes system changes as described in paragraph (a) of this section, the licensee is required to notify the Commission within 30 days of the change under § 1.947 of this chapter and include a statement of the technical parameters of the changed station. 5. Section 101.63 would be amended by revising paragraph (a) to read as follows: § 101.63 Period of construction; certification of completion of construction. (a) Each station, except in Local Multipoint Distribution Services, 24 GHz Service, the 37.0-40.0 GHz and 42.0-42.5 GHz bands, authorized under this part must be in operation within 18 months from the initial date of grant. For the 70
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  • license authorizations. As discussed in further detail herein, we find that the subject ninety-eight MAS licenses issued to Wincomm have either expired or cancelled. Thus, we find that Wincomm no longer has valid authorizations to operate the ninety-eight MAS stations. By way of background, between 1995 and 1996, Wincomm was authorized to operate ninety-eight MAS licenses in thirty-six states. Section 101.63 of the Commission's Rules provides that MAS stations must be placed in operation within eighteen months from the initial date of grant. Further, if the licensee fails to place the stations in operation in a timely manner, the authorization cancels automatically. On October 9, 1998, CellNet Data Systems, Inc. (CellNet) petitioned the Commission to revoke the MAS licenses issued to
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  • Order, WT Docket No. 94-148, 11 FCC Rcd 13449 (1996) (Part 101 R&O). Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, ET Docket No. 95-183, 12 FCC Rcd 18600, 18620-21 ¶ 36 (1997) (39 GHz R&O). Id. at 18626 ¶ 49. See 47 C.F.R. § 101.63 (1996). See 47 C.F.R. § 101.17. 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 46. Id. at 18623 ¶ 42. Id. at 18623-24 ¶ 43. Id. at 18624-25 ¶ 46. Id. at 18624 ¶ 46. See FCC File Nos. 0000348600 and 0000348601, filed January 29, 2001. See 47 C.F.R. § 101.17. See Public Notice No. 769 (rel. Feb. 7,
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  • Fixed Radio Services, Report and Order, 11 FCC Rcd 13449 (1996) (Part 101 R&O). Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18620-18621 ¶ 36 (1997) (39 GHz R&O). Id., 12 FCC Rcd at 18626 ¶ 49. See 47 C.F.R. § 101.63 (1996). See 47 C.F.R. § 101.17. 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 46. Id. at 18623 ¶ 42. Id. at 18623-18624 ¶ 43. Id. at 18624-18625 ¶ 46. Id. at 18624 ¶ 46. See FCC File No. 0000351002, filed January 30, 2001. See 47 C.F.R. § 101.17. See Public Notice No. 769 (rel. Feb. 7, 2001). 47
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  • Fixed Radio Services, Report and Order, 11 FCC Rcd 13449 (1996) (Part 101 R&O). Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18620-18621 ¶ 36 (1997) (39 GHz R&O). Id., 12 FCC Rcd at 18626 ¶ 49. See 47 C.F.R. § 101.63 (1996). See 47 C.F.R. § 101.17. 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 46. Id. at 18623 ¶ 42. Id. at 18623-18624 ¶ 43. Id. at 18624-18625 ¶ 46. Id. at 18624 ¶ 46. See FCC File Nos. 0000346725 and 0000346727, filed January 29, 2001. See 47 C.F.R. § 101.17. See Public Notice No. 769 (rel. Feb. 7,
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  • Fixed Radio Services, Report and Order, 11 FCC Rcd 13449 (1996) (Part 101 R&O). Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18620-18621 ¶ 36 (1997) (39 GHz R&O). Id., 12 FCC Rcd at 18626 ¶ 49. See 47 C.F.R. § 101.63 (1996). See 47 C.F.R. § 101.17. 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 46. Id. at 18623 ¶ 42. Id. at 18623-18624 ¶ 43. Id. at 18624-18625 ¶ 46. Id. at 18624 ¶ 46. See FCC File Nos. 0000348485 and 0000348492, filed January 29, 2001. See 47 C.F.R. § 101.17. See Public Notice No. 769 (rel. Feb. 7,
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  • Fixed Radio Services, Report and Order, 11 FCC Rcd 13449 (1996) (Part 101 R&O). Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18620-18621 ¶ 36 (1997) (39 GHz R&O). Id., 12 FCC Rcd at 18626 ¶ 49. See 47 C.F.R. § 101.63 (1996). See 47 C.F.R. § 101.17. 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 46. Id. at 18623 ¶ 42. Id. at 18623-18624 ¶ 43. Id. at 18624-18625 ¶ 46. Id. at 18624 ¶ 46. See FCC File No. 0000351002, filed January 30, 2001. See 47 C.F.R. § 101.17. See Public Notice No. 769 (rel. Feb. 7, 2001). 47
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  • 13465 (1996); Amendments of Parts 1 and 90 of the Commission's Rules concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, PR Docket No. 90-481, Report and Order, 6 FCC Rcd 7297, 7299 ¶ 14 (1991). 47 C.F.R. § 1.925(b)(3). See also Winstar Wireless Fiber Corporation and New Winstar Spectrum, LLC Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, Order, !7 FCC Rcd 7118, 7122 ¶ 10 (WTB PSPWD 2002) (Winstar Order). Id. Waiver Request at 5. Winstar Order, 17 FCC Rcd at 7122 ¶ 10. Id. at 7119 ¶ 3. Waiver Request at Exhibit A. Id. at 3. Id. at 4. The grant of this Waiver Request
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  • renewal applications). Part 101 R&O, 11 FCC Rcd at 13463-4 ¶ 31. See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rulemaking, 12 FCC Rcd 18600, 18620-18621 ¶ 36 (1997) (39 GHz R&O). Part 101 R&O, 11 FCC Rcd at 13464 ¶ 33. See 47 C.F.R. § 101.63(a) (1996); See also 39 GHz R&O, 12 FCC Rcd at 18622 ¶ 39. See 39 GHz R&O, 12 FCC Rcd at 18626 ¶ 49. See 47 C.F.R. § 101.17. See 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 46. 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 42. Id. Id. Id. at 18625 ¶ 47 - 48. Id.
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  • renewal applications). Part 101 R&O, 11 FCC Rcd at 13463-4 ¶ 31. See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rulemaking, 12 FCC Rcd 18600, 18620-18621 ¶ 36 (1997) (39 GHz R&O). Part 101 R&O, 11 FCC Rcd at 13464 ¶ 33. See 47 C.F.R. § 101.63(a) (1996); See also 39 GHz R&O, 12 FCC Rcd at 18622 ¶ 39. See 39 GHz R&O, 12 FCC Rcd at 18626 ¶ 49. See 47 C.F.R. § 101.17. See 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 46. 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 42. Id. Id. Id. at 18625 ¶ 47 - 48. Id.
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  • renewal applications). Part 101 R&O, 11 FCC Rcd at 13463-4 ¶ 31. See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rulemaking, 12 FCC Rcd 18600, 18620-18621 ¶ 36 (1997) (39 GHz R&O). Part 101 R&O, 11 FCC Rcd at 13464 ¶ 33. See 47 C.F.R. § 101.63(a) (1996); See also 39 GHz R&O, 12 FCC Rcd at 18622 ¶ 39. See 39 GHz R&O, 12 FCC Rcd at 18626 ¶ 49. See 47 C.F.R. § 101.17. See 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 46. 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 42. Id. Id. Id. at 18625 ¶ 47 - 48. Id.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of Winstar Wireless Fiber Corparation and New Winstar Spectrum, LLC Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules ) ) ) ) ) ) ) ) ) File No. 0000723317 Order Adopted: April 17, 2002 Released: April 17, 2002 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction We have before us a request by Winstar Wireless Fiber Corp. (Winstar Wireless Fiber) (debtor-in-possession)
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  • Transferee, for Consent to Transfer Control of Licenses and Authorizations Pursuant to Sections 214 and 310(d) of the Communications Act and for Declaratory Ruling Pursuant to Section 310 of the Communications Act, Memorandum Opinion and Order, 16 FCC Rcd 9779, 9790 ¶ 19 (2001). See Winstar Wireless Fiber Corp. and New Winstar Spectrum, LLC Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, Order, DA 02-894 (rel. April 17, 2002); Winstar LMDS, LLC (Chapter 7 Debtor) Request for Waiver of 1.2111(d) and 101.1107(e) of the Commission's Rules Regarding Unjust Enrichment Payment for Fifteen LMDS Licenses Purchased in Auction No. 17; Application for Assignment of Licenses and Authorizations from Winstar LMDS, LLC (Chapter
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  • (1995). Part 101 R&O, 11 FCC Rcd at 13463-4 ¶ 31. See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rulemaking, 12 FCC Rcd 18600, 18620-18621 ¶ 36 (39 GHz R&O) (1997). Id. Part 101 R&O, 11 FCC Rcd at 13464 ¶ 33. See 47 C.F.R. § 101.63(a) (1996); See also 39 GHz R&O, 12 FCC Rcd at 18622 ¶ 39. See 39 GHz R&O, 12 FCC Rcd at 18626 ¶ 49. See 47 C.F.R. § 101.17. 39 GHz R&O, 12 FCC Rcd at 18623 ¶ 42. The Commission determined that permitting licensees to demonstrate that they are meeting the goals of a performance requirement with a showing
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  • Industrial/Business Pool Construction Certification pursuant to Sections 1.925 and 101.23 of the Commission's Rules, as Amended ) ) ) ) ) ) ) ) ) File Nos. 0001142864, 0001142865 Adopted: January 28, 2003 Released: January 29, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction We have before us a request for waiver of Section 101.63 of the Commission's Rules, 47 C.F.R. § 101.63, to extend the deadline for certification of construction of Stations WPRW437 and WPRW438, Middlesex, Cambridge, MA (the Stations). The Stations are Microwave Industrial/Business Pool facilities currently operated by Genuity Solutions, Inc., Debtor-in-Possession (Solutions). Solutions states that it timely constructed the Stations' facilities in full compliance with the Commission's Rules. It further states
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit \ \ : \ \ \ \ Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of WINSTAR SPECTRUM, LLC Request for Waivers of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules ) ) ) ) ) ) ) FCC File No. 0000723317 MEMORANDUM OPINION AND ORDER Adopted: August 4, 2003 Released: August 7, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction In this Memorandum Opinion and Order, we address a petition for reconsideration filed
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  • applications). Part 101 R&O, 11 FCC Rcd at 13463-4 ¶ 31. See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rulemaking, 12 FCC Rcd 18600, 18620-18621 ¶ 36 (1997) (39 GHz R&O). Id. Part 101 R&O, 11 FCC Rcd at 13464 ¶ 33. See 47 C.F.R. § 101.63(a) (1996); See also 39 GHz R&O, 12 FCC Rcd at 18622 ¶ 39. See 39 GHz R&O, 12 FCC Rcd at 18626 ¶ 49. See 47 C.F.R. § 101.17. See 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 46. Id. at ¶ 42. Id. Id. Id. at 18625 ¶ 47-48. Id. at 18623-24 ¶ 43-45. Id. at 18624 ¶
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  • Order, WT Docket No. 94-148, 11 FCC Rcd 13449 (1996) (Part 101 R&O). Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, ET Docket No. 95-183, 12 FCC Rcd 18600, 18620-21 ¶ 36 (1997) (39 GHz R&O). Id. at 18626 ¶ 49. See 47 C.F.R. § 101.63 (1996). See 47 C.F.R. § 101.17. 39 GHz R&O, 12 FCC Rcd at 18624 ¶ 46. Id. at 18623 ¶ 42. Id. at 18623-24 ¶ 43. Id. at 18624 ¶ 46. We note that, although the Commission did not use the specific term of ``safe harbor'' in the 39 GHz band context, we believe the Commission intended for this example
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  • statutes, see 47 U.S.C. §§ 158(b)(1), 159(b)(2), and proposed adjustments to the regulatory fees for microwave point-to-point and other licenses may be subject to periodic changes. See e.g,. Assessment and Collection of Regulatory Fees for Fiscal Year 2004, MD Docket No. 04-73, Report and Order, 19 FCC Rcd 11662 (2004). See Report and Order at ¶ 51. 47 C.F.R. § 101.63(b); see also Report and Order at ¶ 80. Report and Order at ¶ 80. Forfeiture and termination of a link will be handled in accordance with Section 101.65 of the Commission's rules. Id. Id. at n.204. See ``Interference Protection Date and Interference Dispute Resolution,'' Section I.D, supra. Report and Order at ¶ 80. Id. at ¶¶ 88-89. See Interim Procedures
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  • and she offers no explanation for the delay. Consequently, we agree with MRA that the Reply should be dismissed as untimely. Letter dated February 12, 2007, from Scot Stone, Deputy Chief, Mobility Division, Wireless Telecommunications Bureau, to George L. Lyon, Jr., counsel for Pappammal Wellington Kurian (Division Letter). 47 C.F.R. § 1.955(a)(2) (emphasis added); see also 47 C.F.R. §§ 90.155(a), 101.63(c). 47 C.F.R. § 1.955(a)(3) (emphasis added); see also 47 C.F.R. §§ 90.157(a), 101.65(b). See FCC File Nos. 0002390995, 0002390996, 0002390997, 0002390998, 0002390999, 0002391000, 0002391001, 0002391002, 0002391003, 0002391004, 0002391005, 0002391006, 0002391007, 0002391008, 0002391009, 0002391010, 0002391011, 0002391012, 0002391013, 0002391014, 0002391015, 0002391016, 0002391018, 0002391019, 0002391020, 0002391021, 0002391022, 0002391023, 0002391024, 0002391025, 0002391026, 0002391027, 0002391028, 0002391029, 0002391030, 0002391031, 0002391032, 0002391033, 0002391044. See Letter dated November
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  • a Waiver and Extension of the Broadband PCS Construction Requirements, Order, 17 FCC Rcd 22416 (WTB 2002); Letter to Delaney M. DiStefano, Esq., from Kelly Quinn, Deputy Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, FCC, 17 FCC Rcd 10418 (WTB 2002); Applications of Winstar Wireless Fiber Corporation and New Winstar Spectrum, LLC, Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, File No. 0000723317, Order, 17 FCC Rcd 7118 (WTB 2002). See supra note 3. At a minimum, the status reports must identify the cell sites that have been constructed, and must specify that the facilities are operating consistent with the technical parameters authorized for the sites. Stefan M. Lopatkiewicz,
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  • Request for a Waiver and Extension of the Broadband PCS Construction Requirements, Order, 17 FCC Rcd 22416 (WTB 2002); Letter to Delaney M. DiStefano, Esq., from Kelly Quinn, Deputy Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, FCC, 17 FCC Rcd 10418 (WTB 2002); Applications of Winstar Wireless Fiber Corporation and NewWinstar Spectrum, LLC, Request for Waiver ofSections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, File No. 0000723317, Order, 17 FCC Rcd 7118 (WTB 2002). 31See supra note 3. 32At a minimum, the status reports must identify the cell sites that have been constructed, and must specify that the facilities are operating consistent with the technical parameters authorized for the sites. 7383 Stefan M.
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  • Crush filed no applications for special temporary authority, new, or modified facilities anytime after June 2006. See also NGEN Letter at 1 (stating that the FS links were observed to be non-operational over a 14-month period). Reply at 4. In the Matter of Applications of Winstar Wireless Fiber Corporation and New Winstar Spectrum, LLC, Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, Order, 17 FCC Rcd 7118, 7126 (2002), citing Associated Information Services Corporation Requests for Declaratory Ruling and Waiver and Extension of the Multiple Address System Construction Provisions of Section 94.51(a) of the Commission's Rules, Memorandum Opinion and Order and Declaratory Ruling, 3 FCC Rcd 5617 (1988) citing P &
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  • that Orange Crush filed no applications for special temporary authority, new, or modified facilities anytime after June 2006. See alsoNGEN Letter at 1 (stating that the FS links were observed to be non-operational over a 14-month period). 37Reply at 4. 38In the Matter of Applications of Winstar Wireless Fiber Corporation and NewWinstar Spectrum, LLC, Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, Order, 17 FCC Rcd 7118, 7126 (2002), citing Associated Information Services Corporation Requests for Declaratory Ruling and Waiver and Extension of the Multiple Address System Construction Provisions of Section 94.51(a) of the Commission's Rules, Memorandum Opinion and Order and Declaratory Ruling, 3 FCC Rcd 5617 (1988) citing P &R
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  • reauthorize the facilities. In the interim, SWWG 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 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.946 and 101.63 of the Commission's Rules, 47 C.F.R. §§ 1.946, 101.63, the pleading filed by SWWG, LLC on January 15, 2008 IS DENIED. IT IS FURTHER ORDERED that the licensing staff of the Broadband Division SHALL TERMINATE the authorizations for Station WQEX684, Station WQEX687, and Station WQEX688, Path 1 in accordance with this letter and the Commission's Rules. This action is taken
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  • timely manner, it 1Completion Dates for Links (filed Jan. 15, 2008) (Petition). 2The Petition was previously granted with respect to Station WQEX688, Path 2. SeeLetter to Dennis W. Chambers, SWWG, LLC (dated Jan. 29, 2008). 3See File Nos. 0002520400, 0002520402, 0002520405; Wireless Telecommunications Bureau Site-By-Site Action, Public Notice, Report No. 2505 (rel. May 17, 2006) at 9. See also47 CFR §101.63(a) ("Each Station ... authorized under this part must be in operation within 18 months from the initial date of grant."). 4Construct/Coverage Reminder, Ref. No. 1404137 (Aug. 14, 2007). 5Petition. 6See 47 C.F.R. § 1.946(c). 747 C.F.R. § 1.946(e). 11014 SWWG, LLC would need a waiver of Section 1.946 of the Commission's Rules to allow consideration of its untimely construction. Pursuant
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  • Sincerely, John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau cc: Georgia Television Company 1601 West Peachtree St., NE Atlanta, GA 30309 See Petition for Reconsideration, Georgia Television Company (filed Jun. 23, 2008) (Petition). See File No. 0002769487; Wireless Telecommunications Bureau Site-By-Site Action, Public Notice, Report No. 2727 (rel. Nov. 22, 2006) at 10. See also 47 CFR § 101.63(a) (``Each Station ... authorized under this part must be in operation within 18 months from the initial date of grant.'') See Improving Public Safety Communications in the 800 MHz Band, WT Docket No. 02-55, ET Docket No. 00-258, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969 (2004) (800 MHz Order).
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  • obligations by the expiration of its coverage period, its authorization terminates automatically, without specific Commission action, on the date the construction or coverage period expires.7 1See Petition for Reconsideration, Georgia Television Company (filed Jun. 23, 2008) (Petition). 2See File No. 0002769487; Wireless Telecommunications Bureau Site-By-Site Action, Public Notice, Report No. 2727 (rel. Nov. 22, 2006) at 10. See also47 CFR §101.63(a) ("Each Station ... authorized under this part must be in operation within 18 months from the initial date of grant.") 3SeeImproving Public Safety Communications in the 800 MHz Band,WT Docket No. 02-55, ET Docket No. 00- 258, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969 (2004) (800 MHz Order). 4Construct/Coverage
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  • facilities. In the interim, Merrimack Village District 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 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.946 and 101.63 of the Commission's Rules, 47 C.F.R. §§ 1.946, 101.63, the request for waiver filed by Merrimack Village District on May 15, 2007 IS DENIED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.946 and 101.63 of the Commission's Rules, 47 C.F.R. §§ 1.946,
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  • construction states that the path commenced operation on August 21, 2002.6Therefore the facilities were not constructed timely. In addition, we did 1See File No. 0002968285 (filed May 15, 2007) (Waiver Request). 2See 47 C.F.R. § 1.946(c). 347 C.F.R. § 1.946(e). 4See File Nos. 0000215522; Wireless Telecommunications Bureau Site-By-Site Action, Public Notice, Report No. 700 (rel. Feb. 07, 2001). See also47CFR §101.63(a) ("Each Station ... authorized under this part must be in operation within 18 months from the initial date of grant.") 5Reference No. 1404137 6File No. 0002968285 (filed May 15, 2007) (Notification) 11564 Merrimack Village District not receive your request for waiver of the late-filed notification of construction until May 15, 2007, almost 4 years and nine months afterthe construction deadline.
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  • 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 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.946 and 101.63 of the Commission's Rules, 47 C.F.R. §§ 1.946, 101.63, the request for waiver filed by City of Bentonville on March 5, 2007 IS DENIED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.934, 1.946 and 101.63 of the Commission's Rules, 47 C.F.R. §§
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  • deadline. 1See File Nos. 0002934547 (filed March. 05, 2007) (Notification of Construction with Request for Waiver). 2See File Nos. 0001042828 (filed Sept. 30, 2002) (Request for Extension of Construction Deadline). 3See 47 C.F.R. § 1.946(c). 447 C.F.R. § 1.946(e). 5See File No. 0000354382; Wireless Telecommunications Bureau Site-By-Site Action, Public Notice, Report No. 839 (rel. April 25, 2001). See also47 CFR §101.63(a) ("Each Station ... authorized under this part must be in operation within 18 monthsfrom the initial date of grant.") 11567 Charles Button Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the
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  • on August 6, 2009. If Rocky Mountain wishes to operate the terminated facilities, it must file a completed FCC Form 601, in accordance with all applicable Commission Rules, to reauthorize the facilities. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.946 and 101.63 of the Commission's Rules, 47 C.F.R. §§ 1.946, 101.63, the petition for reconsideration and waiver request filed by Rocky Mountain Public Broadcasting Network, Inc. on October 9, 2009 IS DENIED. IT IS FURTHER ORDERED that the licensing staff of the Broadband Division SHALL TERMINATE the authorization for Station WQIG869 in accordance with this letter and the Commission's Rules. This action
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  • period, its authorization terminates automatically, without specific Commission action, on the date the construction or coverage period expires.6 1Petition for Reconsideration Due to Termination Pending Status ­Waiver Request for Construction Notice (filed Oct. 9, 2009) (Petition). 2SeeWirelessTelecommunications Bureau Site Based Licensee Termination Pending Public Notice, Public Notice, Report No. 5250 (rel. Sep. 9, 2009) at 2. See also47 C.F.R. § 101.63(a) ("Each Station . . . authorized under this part must be in operation within 18 monthsfrom the initial date of grant."). 3SeeFile No. 0003281190 (granted Feb. 6, 2008). 4Construct/Coverage Reminder, Ref. No. 4860292 (May 5, 2009). 5Petition. 647 C.F.R. § 1.946(c). 13503 Tom Craig Section 1.946(e) sets out the process for licensees to request to extend a construction period or
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  • notification for that call sign and path. The petition is therefore moot with respect to that call sign and path. See File No. 0003267373. File No. 0002488243 (filed Feb. 16, 2006, granted May 9, 2006). See File Nos. 0002488243; Wireless Telecommunications Bureau Site-By-Site Action, Public Notice, Report No. 2505 (rel. May 17, 2006) at 8. See also 47 CFR § 101.63(a) (``Each Station ... authorized under this part must be in operation within 18 months from the initial date of grant.''). Construct/Coverage Reminder, Ref No. 4638143 (Aug. 14, 2007). Auto Termination letter, Ref No. 4690243 (Dec. 19, 2007). Wireless Telecommunications Bureau Site Based Licenses Termination Pending, Report No. 3684, Public Notice (Dec. 19, 2007) at 3. Petition. 47 U.S.C. § 405(a);
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  • automatically on October 25, 2008. If you wish to operate the terminated facilities, you must file a completed FCC Form 601, in accordance with all applicable Commission Rules, to reauthorize the facilities. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.946 and 101.63 of the Commission's Rules, 47 C.F.R. §§ 1.946, 101.63, the request for extension of time filed by Mark C. Allen on December 11, 2008 IS DENIED. IT IS FURTHER ORDERED that the licensing staff of the Broadband Division SHALL TERMINATE the authorization for Station WQGV372 in accordance with this letter and the Commission's Rules. This action is taken under delegated
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  • 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 communications services and emerging technologies. 101.73 Mandatory negotiations. 101.75 Involuntary relocation procedures. 101.81 Future licensing in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands. 101.83 Modification of station license. 101.85 Transition of
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  • COMMISSION Ricardo M. Durham Acting Chief, Spectrum Enforcement Division Enforcement Bureau 47. C.F.R. § 1.17(a)(2). 47 U.S.C. § 301. 47 C.F.R. § 1.903. File Nos. 0003483193 (WQJE535, granted August 11, 2008) and 0003483929 (WQJF544, granted August 20, 2008). Cricket filed its initial applications for these licenses on June 23, 2008, and on June 24, 2008, respectively. See 47 C.F.R. § 101.63 (stating that ``[c]onstruction of any authorized facility or frequency must be completed by the date specified in the license as pursuant to section 1.946''). See 47 C.F.R. § 1.946. File No. 0004113568 (February 3, 2010). File No. 0004149031 (March 5, 2010) (Ex.A: Description of Modification and Request for Waiver). Id. File No. 0004149018 (March 5, 2010) (Ex.A: Description of Notification
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  • because MAN has not adequately justified an extension of time to construct. We notify MAN that its licenses automatically terminated on their respective construction deadlines. background From January 11, 2008, to March 3, 2009, the Commission issued MAN 2,456 licenses for Part 101 microwave Industrial/Business Pool fixed point-to-point microwave stations (Licenses) at locations throughout the United States. Pursuant to Section 101.63(a) of the Commission's Rules, the stations associated with the Licenses were required to commence operation within 18 months from the initial dates of those grants, i.e., by deadlines that fell due from July 11, 2009, to September 3, 2010. On June 12, 2009, MAN filed 2,456 applications for extension of time to extend the construction deadlines for all of the
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  • because MAN has not adequately justified an extension of time to construct. We notify MAN that its licenses automatically terminated on their respective construction deadlines. II. BACKGROUND 2.From January 11, 2008, to March 3, 2009, the Commission issued MAN 2,456 licenses for Part 101 microwave Industrial/Business Pool fixed point-to-point microwave stations (Licenses) at locations throughout the United States.2Pursuant to Section 101.63(a) of the Commission's Rules, the stations associated with the Licenses were required to commence operation within 18 months from the initial dates of those grants, i.e., by deadlines that fell due from July 11, 2009, to September 3, 2010.3 On June 12, 2009, MAN filed 2,456 applications for extension of timeto extend the construction deadlines for all of the licenses
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  • service requirement we adopt herein differs somewhat from the previous performance requirement. We also note that these license terms are of a limited duration. Under these circumstances, we believe that we should incorporate the build-out showing into the showing required at renewal. Accordingly, we determine that those incumbent 24 GHz band licensees who have met the build-out requirements of Section 101.63 by their 2001 renewal date will satisfy the substantial service requirement we have adopted herein. We believe that this approach furthers the public interest and affords incumbent licensees the opportunity to continue implementation of their existing business plans. This decision also allows us to remain consistent with our renewal requirements, as discussed below, ensuring efficient use of the spectrum, and
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  • Requested Changes Rendered Moot Former Section 101.31(a) - TIA/NSMA's proposals regarding requests for Special Temporary Authorization (STA) have been superseded by the ULS Proceeding's changes to the STA rules. Section 101.31(a)(3)(vii) - The ULS Proceeding corrected the reference for operations to be conducted within the coordination distance contours of a fixed earth station from Section 101.21(e) to Section 101.21(f). Section 101.63(b) - The Commission stated in the Part 101 Order that a station would be regarded as being "'in operation' when construction is completed and the station is capable of providing service," but the rule set forth a stricter standard. We recognized the discrepancy, and deleted the inconsistent language before the rule went into effect. IV. NOTICE OF PROPOSED RULEMAKING A.
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  • loses its license for failure to comply with the adopted standard, will be prohibited from holding that same license for the same territory in the future. We seek comment on these proposals. If we decide to license the spectrum in these bands on a site-by-site basis, we seek comment on whether to apply the construction requirements set forth in Section 101.63 of our Rules. Section 101.63 provides, inter alia, that licensees authorized under Part 101 of our Rules must be in operation within 18 months from the initial date of grant. Section 101.63 further provides that failure to timely begin operation of the station will result in the automatic cancellation of that authorization. We seek comment on this construction requirement, as
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  • to remain at a single location for less than 6 months, the location is considered to be temporary. * * * * * 21. Section 101.1325 is amended by revising subsection (a) to read as follows: § 101.1325 Construction requirements. * * * * * (a) Incumbent and site-based licenses are subject to the construction requirements set forth in § 101.63. * * * * * 22. Section 101.1333 is amended by revising subsection (c) to read as follows: § 101.1333 Interference protection criteria * * * * * (c) EA licensees are prohibited from exceeding a signal strength of 40 dBµV/m at incumbent licensees' 40.2 kilometer (25-mile) radius composite contour specified in § 101.1331(c). * * * * * APPENDIX
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  • and, thereby, encourage development of these frequency bands. It will also provide licensees with ample time to develop these spectrum bands as the market demands and to employ innovative technologies that may not be available immediately upon licensing. Other Licensee Obligations Background. In the NPRM, the Commission sought comment on whether to apply the construction requirements set forth in Section 101.63 of our Rules. Section 101.63 provides, inter alia, that licensees authorized under Part 101 of our Rules must be in operation within 18 months from the initial date of grant. Section 101.63 further provides that failure to timely begin operation of the station will result in the automatic cancellation of that authorization. The Commission sought comment on this construction requirement,
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  • under § 17.4 of this chapter. Incumbent operators and geographic area licensees may negotiate alternative criteria. (c) The frequencies associated with incumbent authorizations that have been cancelled automatically or otherwise been recovered by the Commission will automatically revert to the applicable BTA licensee. 101.1405 Performance Requirements (a) Incumbent site-based licensees are subject to the construction requirements set forth in § 101.63. (b)) All ITFS BTA licensees must demonstrate substantial service at the time of license renewal. A licensee's substantial service showing should include, but not be limited to, the following information for each channel for which it holds a license, in each BTA or portion of a BTA covered by their license, in order to qualify for renewal of that license.
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  • under § 17.4 of this chapter. Incumbent operators and geographic area licensees may negotiate alternative criteria. (c) The frequencies associated with incumbent authorizations that have been cancelled automatically or otherwise been recovered by the Commission will automatically revert to the applicable BTA licensee. 101.1405 Performance Requirements (a) Incumbent site-based licensees are subject to the construction requirements set forth in § 101.63. (b)) All ITFS BTA licensees must demonstrate substantial service at the time of license renewal. A licensee's substantial service showing should include, but not be limited to, the following information for each channel for which it holds a license, in each BTA or portion of a BTA covered by their license, in order to qualify for renewal of that license.
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  • coordination agreements with prior licensed facility operators before operating. (b) Whenever a licensee constructs or makes system changes as described in paragraph (a) of this section, the licensee is required to notify the Commission within 30 days of the change under § 1.947 of this chapter and include a statement of the technical parameters of the changed station. 5. Section 101.63 would be amended by revising paragraph (a) to read as follows: § 101.63 Period of construction; certification of completion of construction. (a) Each station, except in Local Multipoint Distribution Services, 24 GHz Service, the 37.0-40.0 GHz and 42.0-42.5 GHz bands, authorized under this part must be in operation within 18 months from the initial date of grant. For the 70
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  • for digital modulation. Because the 1.0 dB limit for degradation of the T/I ratio was adopted in the Report and Order, we need not address WCA's request to impose this requirement. Construction Period Background Persuaded by the aggressive construction requirements set forth in the record, in the Report and Order the Commission shortened the traditional 18-month construction requirement of Section 101.63 of the Commission's rules to 12 months. The Commission clarified that each construction period will commence on the date that the third-party database manager registers each link and that it will not require users to file a notification requirement as mandated by section 1.946(d) of the Commission's rules. Instead, licensees will provide notice to a database manager to withdraw unconstructed
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  • costs associated with the coordination and licensing process for (1) spectral relocation and, later, (2) for digital conversion. To minimize the potential for duplicative costs, we conclude that MVPD licensees should have the option to specify analog and digital emission designators (each of which must be coordinated) on one application. In this connection, we are adopting a revision to Section 101.63 of the Commission's rules to allow MVPD licensees to meet their construction requirement and not automatically surrender their license as long as they are operating a system using either an authorized analog or digital emissions. Accordingly, such MVPD licensees will be authorized to operate using one or both modulations, e.g., the licensee can operate its analog system and later convert
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  • FCC Rcd 24135 ¶ 43 (2002). API Opposition at 4. Id. at 3-4. Id. at 4. Id. FWCC Reply Comments at 5. See FWCC Comments at 2 and Reply Comments at 5. See also 47 C.F.R. § 101.115 (default maximum beamwidth for FS stations in 6 GHz band is 2.2 degrees). FWCC Reply Comments at 5, citing 47 C.F.R. §§ 101.63(a) (requiring stations to be constructed within 18 months of license grant), 101.63(c) (license automatically terminates for failure to timely begin operation), 101.141(a)(3) (establishing minimum payload capacities for various bandwidths). AT&T Reply Comments at 4-5, citing 47 C.F.R. §§ 24.239, 101.75(a). As mentioned earlier, the Commission has granted 880 waivers to allow FS frequency paths greater than 10 megahertz in the
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  • payload capacity of 134.1 Mbits/s, and they must load at least 50 percent of that capacity 50Id.at 4. 51Id. 52FWCC Reply Comments at 5. 53See FWCC Comments at 2 and Reply Comments at 5. See also47 C.F.R. § 101.115 (default maximum beamwidth for FS stations in 6 GHz band is 2.2 degrees). 54FWCC Reply Comments at 5, citing47 C.F.R. §§ 101.63(a) (requiring stations to be constructed within 18 months of license grant), 101.63(c) (license automatically terminates for failure to timely begin operation), 101.141(a)(3) (establishing minimum payload capacities for various bandwidths). 55AT&T Reply Comments at 4-5, citing47 C.F.R. §§ 24.239, 101.75(a). 56As mentioned earlier, the Commission has granted 880 waivers to allowFS frequency paths greater than 10 megahertz in the Upper 6
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  • One Comments at 1, Cielo Comments at 1. Id. NSMA Comments at 2. Comments of the Fixed Wireless Communications Coalition (filed Aug. 21, 2009) (FWCC Comments) at 2-3, citing 47 C.F.R. § 101.141(a). See also AT&T Comments at 2-3, NSMA Comments at 4, Tier One Comments at 1, Cielo Comments at 1. FWCC Comments at 2. See 47 C.F.R. § 101.63(a). FWCC Comments at 3, NSMA Comments at 3, and AT&T Comments at 4. AT&T Comments at 4. Tier One Comments at 1, Cielo Comments at 1. FWCC Comments at 3, NSMA Comments at 3. FWCC Comments at 3, NSMA Comments at 3-4. Id. NSMA Comments at 4-5. Id. at 5. AT&T Comments at 3, NSMA Comments at 4. NSMA Comments
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  • Licenses, LLC, supra, 24 FCC Rcd at 8651 ¶ 8. Id. Maryland Public Broadcasting Commission, supra, 21 FCC Rcd at 1648, 1650 ¶¶ 3, 7. See, e.g., Waiver Request of Greater Boston Radio, Inc., File No. 0003242058 (filed Nov. 27, 2007) at 2-3; Waiver Request of Baybridge Communications, File No. 0003193277 (filed Oct. 8, 2007) at 2. 47 C.F.R. § 101.63(a) requires that each FS station (except for certain upper microwave services not at issue here) must be constructed within 18 months of the date of grant. See 47 C.F.R. §101.141(a)(3). See Comments of the Fixed Wireless Communications Coalition, WT Docket No. 09-114 (filed Aug. 21, 2009) at 2-3, citing 47 C.F.R. § 101.141(a); Comments of AT&T, Inc., WT Docket No.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-333A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-333A1.pdf
  • in accordance with § 101.103(d). Section 101.61 is proposed to be amended by inserting the words ``and in the 24 GHz Service" after the words "Local Multipoint Distribution Service" in subsections 101.61(c)(9) and 101.61(d) and by inserting the words "upon notification of the Commission within 30 days of the change" after the words "an existing license" in subsection 101.61(c)(9). Section 101.63 is proposed to be amended by inserting the words "and in the 24 GHz Service" after the words "Local Multipoint Distribution Service" in subsection 101.63(a). 20. Section 101.105 is proposed to be amended by deleting the words "and all point-to-multipoint channels in the 18 GHz band" after the words "in the 10.6 GHz band" in subsection 101.105(c)(6). 21. Section 101.111
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1_Erratum.doc
  • license term. The partitionee's license would not be affected by that failure, and the partitionee would be permitted to satisfy the substantial service requirement for its partitioned license area at the end of the ten-year license term. A licensee whose license was cancelled for failure to meet its construction requirement must return the license to the Commission pursuant to Section 101.63 of our Rules. We concur with AWWA's suggestion that permitting disaggregation for EA licensees may promote efficient utilization of the MAS spectrum. AWWA adds that the parties to a disaggregation agreement should be jointly and separately responsible for meeting construction requirements, substantial service requirements, and the other terms of the original authorization. We find that once an initial geographic area
• 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
  • have evolved in different services for verifying whether licensees have in fact met these requirements. In some wireless radio services, the rules provide that licenses are cancelled if the licensee fails to notify the Commission that it has met its construction or coverage requirement. In other 92 Federal Communications Commission FCC 98-25 See, e.g., 47 C.F.R. §§ 22.142, 90.155, 90.629, 101.63, 101.65. 93 See, e.g., 47 C.F.R. §§ 24.203, 90.665, 90.833, 95.833. 94 We would notify the licensee via the Postal Service unless, in its application, the licensee had specified an e- 95 mail address and requested that the Commission send notifications to that address. See proposed rule 47 C.F.R. § 1.946(d). 96 See proposed rule 47 C.F.R. § 1.946(c). 97
• http://transition.fcc.gov/eb/Orders/2011/DA-11-184A1.html
  • COMMISSION Ricardo M. Durham Acting Chief, Spectrum Enforcement Division Enforcement Bureau 47. C.F.R. S: 1.17(a)(2). 47 U.S.C. S: 301. 47 C.F.R. S: 1.903. File Nos. 0003483193 (WQJE535, granted August 11, 2008) and 0003483929 (WQJF544, granted August 20, 2008). Cricket filed its initial applications for these licenses on June 23, 2008, and on June 24, 2008, respectively. See 47 C.F.R. S: 101.63 (stating that "[c]onstruction of any authorized facility or frequency must be completed by the date specified in the license as pursuant to section 1.946"). See 47 C.F.R. S: 1.946. File No. 0004113568 (February 3, 2010). File No. 0004149031 (March 5, 2010) (Ex.A: Description of Modification and Request for Waiver). Id. File No. 0004149018 (March 5, 2010) (Ex.A: Description of Notification
• http://wireless.fcc.gov/auctions/17/releases/fc970082.pdf http://wireless.fcc.gov/auctions/17/releases/fc970082.txt http://wireless.fcc.gov/auctions/17/releases/fc970082.wp
  • incumbent licensees, they provide short-term services on a temporary basis and do not have the same type of permanent facilities or systems that we have found should be protected. Moreover, they currently operate on a secondary basis to any perma- nent facilities wherever their temporary operations are set up. Finally, they have broad authoriza- Federal Communications Commission FCC 97-82 Section 101.63(a) of the Commission's Rules, 47 CFR § 101.63(a). 126 47 CFR § 101.37. 127 PAGE 41 tion that provides access to the entire band and would make it difficult to limit their protection to a small geographic area. 90. All incumbents in the middle segment, and LTTS in the entire band, will be secondary to LMDS and may continue to
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • relocation procedure we adopt in this Order. Modification applications are to be filed by the end of the 15-day period commencing on the effective date of the rules adopted in this Order. Modification applications are filed in accordance with the existing rules that govern the incumbent 31 GHz licensees in Part 101 of the Federal Communications Commission FCC 97-82 Section 101.63(a) of the Commission's Rules, 47 CFR § 101.63(a). 126 47 CFR § 101.37. 127 Sierra Reply Comments to Fourth NPRM at 9, 13. 128 Id. at 9. 129 Commission's Rules. Under our current rules, any such licensee filing a modification application in accordance with this Report and Order will be required to implement any license changes granted by the Commission
• http://wireless.fcc.gov/auctions/30/releases/fc970391.pdf http://wireless.fcc.gov/auctions/30/releases/fc970391.txt http://wireless.fcc.gov/auctions/30/releases/fc970391.wp
  • expectancies for all 39 GHz licensees will encourage financial 88 backers to make capital investments); WinStar Comments at 36-37 (arguing that such expectancies will inspire licensees to make investments in their systems); Commco Comments at 11 (contending that adoption of renewal expectancy provisions will provide industry with sufficient time to permit the service to evolve fully). See 47 C.F.R. § 101.63. 89 NPRM and Order, 11 FCC Rcd at 4979-81. 90 Id. at 4980. 91 22 toward renewal that would exist until the incumbents' current licensing cycle runs its course. We are unpersuaded that this approach, adopted only a year ago, should be altered.84 3. Performance Requirements: Renewal and Build-out 38. Background--Renewal. We noted in the NPRM and Order that both
• http://wireless.fcc.gov/auctions/30/releases/fc990179.pdf http://wireless.fcc.gov/auctions/30/releases/fc990179.txt http://wireless.fcc.gov/auctions/30/releases/fc990179.wp
  • Report and Order and Second NPRM, 12 FCC Rcd at 18608-09. 192 It may be possible and desirable for a licensee to deploy both terrestrial and satellite facilities. For example, 193 terrestrial facilities may be deployed in more densely populated urban areas, while satellite facilities, particularly "gateway" type facilities, may be deployed in sparsely populated rural areas. 47 C.F.R. § 101.63. 194 Former Rule 47 C.F.R. § 21.45. 195 47 C.F.R. § 101.67. 196 47 C.F.R. § 101.17(a), as amended, requires 39 GHz licensees to demonstrate substantial service at the time of 197 license renewal. Former Rule 47 C.F.R. § 101.15(c), as amended, required a 39 GHz licensee to file a renewal form 18 months prior 198 to the expiration date
• http://wireless.fcc.gov/auctions/42/releases/fc990415.doc http://wireless.fcc.gov/auctions/42/releases/fc990415.pdf http://wireless.fcc.gov/auctions/42/releases/fc990415.txt
  • license term. The partitionee's license would not be affected by that failure, and the partitionee would be permitted to satisfy the substantial service requirement for its partitioned license area at the end of the ten-year license term. A licensee whose license was cancelled for failure to meet its construction requirement must return the license to the Commission pursuant to Section 101.63 of our Rules. We concur with AWWA's suggestion that permitting disaggregation for EA licensees may promote efficient utilization of the MAS spectrum. AWWA adds that the parties to a disaggregation agreement should be jointly and separately responsible for meeting construction requirements, substantial service requirements, and the other terms of the original authorization. We find that once an initial geographic area
• http://wireless.fcc.gov/auctions/56/releases/fc000272.doc http://wireless.fcc.gov/auctions/56/releases/fc000272.pdf http://wireless.fcc.gov/auctions/56/releases/fc000272.txt
  • service requirement we adopt herein differs somewhat from the previous performance requirement. We also note that these license terms are of a limited duration. Under these circumstances, we believe that we should incorporate the build-out showing into the showing required at renewal. Accordingly, we determine that those incumbent 24 GHz band licensees who have met the build-out requirements of Section 101.63 by their 2001 renewal date will satisfy the substantial service requirement we have adopted herein. We believe that this approach furthers the public interest and affords incumbent licensees the opportunity to continue implementation of their existing business plans. This decision also allows us to remain consistent with our renewal requirements, as discussed below, ensuring efficient use of the spectrum, and
• http://wireless.fcc.gov/licensing/index.htm?job=const_req_by_service
  • AF, AR 87.45 601 Main Form and Schedule K CAPTION: Fixed Microwave Services Radio Service/Frequency Band Construction/Coverage Requirements Radio Service Code 47 C.F.R. Part Method of Notification Fixed Microwave and Electronic Message Services (Site-Based) Place in operation within 18 months of initial license grant. CE, CF (except 39 GHz RSA), CT (Fixed locations only), MG, MW, PE, WA, WM, WR 101.63 601 Main Form and Schedule K Multichannel Video & Distribution and Date Services (MVDSS) Provide substantial service to its licensed area within 5 years of initial license grant and 10 years. DV 101.1413 5-year - 601 Main Form and Schedule K. 10-year - At Renewal Local Multipoint Distribution Service (LMDS) Provide substantial service to its licensed area within 10 years
• 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
  • have evolved in different services for verifying whether licensees have in fact met these requirements. In some wireless radio services, the rules provide that licenses are cancelled if the licensee fails to notify the Commission that it has met its construction or coverage requirement. In other 92 Federal Communications Commission FCC 98-25 See, e.g., 47 C.F.R. §§ 22.142, 90.155, 90.629, 101.63, 101.65. 93 See, e.g., 47 C.F.R. §§ 24.203, 90.665, 90.833, 95.833. 94 We would notify the licensee via the Postal Service unless, in its application, the licensee had specified an e- 95 mail address and requested that the Commission send notifications to that address. See proposed rule 47 C.F.R. § 1.946(d). 96 See proposed rule 47 C.F.R. § 1.946(c). 97
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99333.doc
  • in accordance with § 101.103(d). Section 101.61 is proposed to be amended by inserting the words ``and in the 24 GHz Service" after the words "Local Multipoint Distribution Service" in subsections 101.61(c)(9) and 101.61(d) and by inserting the words "upon notification of the Commission within 30 days of the change" after the words "an existing license" in subsection 101.61(c)(9). Section 101.63 is proposed to be amended by inserting the words "and in the 24 GHz Service" after the words "Local Multipoint Distribution Service" in subsection 101.63(a). 20. Section 101.105 is proposed to be amended by deleting the words "and all point-to-multipoint channels in the 18 GHz band" after the words "in the 10.6 GHz band" in subsection 101.105(c)(6). 21. Section 101.111
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002391.doc
  • license authorizations. As discussed in further detail herein, we find that the subject ninety-eight MAS licenses issued to Wincomm have either expired or cancelled. Thus, we find that Wincomm no longer has valid authorizations to operate the ninety-eight MAS stations. By way of background, between 1995 and 1996, Wincomm was authorized to operate ninety-eight MAS licenses in thirty-six states. Section 101.63 of the Commission's Rules provides that MAS stations must be placed in operation within eighteen months from the initial date of grant. Further, if the licensee fails to place the stations in operation in a timely manner, the authorization cancels automatically. On October 9, 1998, CellNet Data Systems, Inc. (CellNet) petitioned the Commission to revoke the MAS licenses issued to
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00033.doc
  • Requested Changes Rendered Moot Former Section 101.31(a) - TIA/NSMA's proposals regarding requests for Special Temporary Authorization (STA) have been superseded by the ULS Proceeding's changes to the STA rules. Section 101.31(a)(3)(vii) - The ULS Proceeding corrected the reference for operations to be conducted within the coordination distance contours of a fixed earth station from Section 101.21(e) to Section 101.21(f). Section 101.63(b) - The Commission stated in the Part 101 Order that a station would be regarded as being "'in operation' when construction is completed and the station is capable of providing service," but the rule set forth a stricter standard. We recognized the discrepancy, and deleted the inconsistent language before the rule went into effect. IV. NOTICE OF PROPOSED RULEMAKING A.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
  • service requirement we adopt herein differs somewhat from the previous performance requirement. We also note that these license terms are of a limited duration. Under these circumstances, we believe that we should incorporate the build-out showing into the showing required at renewal. Accordingly, we determine that those incumbent 24 GHz band licensees who have met the build-out requirements of Section 101.63 by their 2001 renewal date will satisfy the substantial service requirement we have adopted herein. We believe that this approach furthers the public interest and affords incumbent licensees the opportunity to continue implementation of their existing business plans. This decision also allows us to remain consistent with our renewal requirements, as discussed below, ensuring efficient use of the spectrum, and
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99415.doc
  • license term. The partitionee's license would not be affected by that failure, and the partitionee would be permitted to satisfy the substantial service requirement for its partitioned license area at the end of the ten-year license term. A licensee whose license was cancelled for failure to meet its construction requirement must return the license to the Commission pursuant to Section 101.63 of our Rules. We concur with AWWA's suggestion that permitting disaggregation for EA licensees may promote efficient utilization of the MAS spectrum. AWWA adds that the parties to a disaggregation agreement should be jointly and separately responsible for meeting construction requirements, substantial service requirements, and the other terms of the original authorization. We find that once an initial geographic area
• http://www.fcc.gov/eb/Orders/2011/DA-11-184A1.html
  • COMMISSION Ricardo M. Durham Acting Chief, Spectrum Enforcement Division Enforcement Bureau 47. C.F.R. S: 1.17(a)(2). 47 U.S.C. S: 301. 47 C.F.R. S: 1.903. File Nos. 0003483193 (WQJE535, granted August 11, 2008) and 0003483929 (WQJF544, granted August 20, 2008). Cricket filed its initial applications for these licenses on June 23, 2008, and on June 24, 2008, respectively. See 47 C.F.R. S: 101.63 (stating that "[c]onstruction of any authorized facility or frequency must be completed by the date specified in the license as pursuant to section 1.946"). See 47 C.F.R. S: 1.946. File No. 0004113568 (February 3, 2010). File No. 0004149031 (March 5, 2010) (Ex.A: Description of Modification and Request for Waiver). Id. File No. 0004149018 (March 5, 2010) (Ex.A: Description of Notification