FCC Web Documents citing 101.91

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-81A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-81A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-81A1.txt
  • for a contiguous 10 MHz of spectrum currently allocated and licensed to MSS at 2 GHz. See id. at n.52. See id. at n.53. See id. at 30. See id. at 42. Id. See ET First Report and Order, 7 FCC Rcd at 6890 ¶ 24. See Teledesic, LLC v. FCC, 275 F.3d 75 (D.C. Cir. 2001) citing 47 C.F.R. 101.91. See Microwave/CATV Order, 1 FCC 2d at 911 ¶ 42. See Nextel Proposal at 39. The Commission has held that it has the authority - without adoption of specific rules - to permit cost-sharing that would spread the cost of band clearing among the licensees that benefit from the process. See Service Rules for the 746-764 and 776-794 MHz Bands,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2073A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2073A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2073A1.txt
  • currently operating in the 18.3-19.3 GHz band, Boeing must demonstrate when applying for feeder-link earth station licenses that the proposed uplink operation would not interfere with, or require protection from, operation of any existing FS station at its current site in the event that the FS station's assigned frequencies were to be shifted pursuant to Section 101.85, Section 101.89, Section 101.91, or Section 101.95 of the Commission's rules. (Boeing will also have to coordinate its proposed feeder-link stations with terrestrial stations pursuant to Section 25.203.) The showing should employ the standard techniques cross-referenced in relevant rule provisions for determining the extent of geographic separation necessary for interference avoidance. Fourth, because Boeing has not indicated a definite need for more than two
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2073A1_Erratum.doc
  • currently operating in the 18.3-19.3 GHz band, Boeing must demonstrate when applying for feeder-link earth station licenses that the proposed uplink operation would not interfere with, or require protection from, operation of any existing FS station at its current site in the event that the FS station's assigned frequencies were to be shifted pursuant to Section 101.85, Section 101.89, Section 101.91, or Section 101.95 of the Commission's rules. (Boeing will also have to coordinate its proposed feeder-link stations with terrestrial stations pursuant to Section 25.203.) The showing should employ the standard techniques cross-referenced in relevant rule provisions for determining the extent of geographic separation necessary for interference avoidance. Fourth, because Boeing has not indicated a definite need for more than two
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1492A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1492A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1492A1.txt
  • band, we expect MSV to demonstrate when applying for feeder link earth station licenses that the proposed uplink operation would not interfere with, or require protection from, the operation of any existing Fixed Service station at its current site in the event that the Fixed Service station's assigned frequencies were to be shifted pursuant to Section 101.85, Section 101.89, Section 101.91, or Section 101.95 of the Commission's rules. In addition to protecting fixed and mobile services, we also expect MSV to protect other services operating in the bands it will be using. First, the 12.75-13.25 GHz band is allocated to the space research service (deep space) (space-to-Earth) for reception only at Goldstone, California. We require MSV to take ``all practicable steps''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1492A1_Erratum.doc
  • band, we expect MSV to demonstrate when applying for feeder link earth station licenses that the proposed uplink operation would not interfere with, or require protection from, the operation of any existing Fixed Service station at its current site in the event that the Fixed Service station's assigned frequencies were to be shifted pursuant to Section 101.85, Section 101.89, Section 101.91, or Section 101.95 of the Commission's rules. In addition to protecting fixed and mobile services, we also expect MSV to protect other services operating in the bands it will be using. First, the 12.75-13.25 GHz band is allocated to the space research service (deep space) (space-to-Earth) for reception only at Goldstone, California. We require MSV to take ``all practicable steps''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-50A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-50A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-50A1.txt
  • MSV states that it will demonstrate when applying for feeder link earth station licenses that the proposed uplink operation would not interfere with, or require protection from, the operation of any existing Fixed service station at its current site in the event that the Fixed Service station's assigned frequencies were to be shifted pursuant to Section 101.85, Section 101.89, Section 101.91, or Section 101.95 of the Commission's rules. In addition to protecting Fixed and Mobile services, MSV says that it will protect other services operating in the bands it will be using. Footnote US251 to Section 2.106 of the Commission's rules states that the 12.75-13.25 band is allocated to the Space Research Service (deep space) (space-to-Earth) for reception only at Goldstone,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-50A1_Erratum.doc
  • MSV states that it will demonstrate when applying for feeder link earth station licenses that the proposed uplink operation would not interfere with, or require protection from, the operation of any existing Fixed service station at its current site in the event that the Fixed Service station's assigned frequencies were to be shifted pursuant to Section 101.85, Section 101.89, Section 101.91, or Section 101.95 of the Commission's rules. In addition to protecting Fixed and Mobile services, MSV says that it will protect other services operating in the bands it will be using. Footnote US251 to Section 2.106 of the Commission's rules states that the 12.75-13.25 band is allocated to the Space Research Service (deep space) (space-to-Earth) for reception only at Goldstone,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.txt
  • 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 the 18.3-19.3 GHz band from the terrestrial fixed services to the fixed-satellite service (FSS). 101.89 Negotiations. 101.91 Involuntary relocation procedures. 101.95 Sunset provisions for licensees in the 18.30-19.30 GHz band. 101.97 Future licensing in the 18.30-19.30 GHz band. SUBPART C-TECHNICAL STANDARDS Brief Description: Subpart C sets forth technical standards for applications and licenses in the Fixed Microwave Services. Need: The revised rules establish revised technical standards for the 24 GHz Service, Multiple Address Systems, and Operational Fixed
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  • negotiations with co-primary terrestrial fixed services in the 18.58-19.3 GHz band for the purpose of agreeing to terms under which the terrestrial licensees would either relocate or accept a sharing arrangement. If no agreement is reached within two years for non-public safety incumbents and three years for public safety incumbents, an FSS licensee may initiate involuntary relocation pursuant to Section 101.91 of the rules we are adopting today. We believe these time periods provide a reasonable balance between the needs of new FSS operators to gain access to spectrum and the needs of existing FS operators to ensure that relocated facilities are provided that meet their needs. We are providing additional mandatory negotiations time for public safety operations, noting comments by
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  • as noted by these parties and SIA, the FS licensee has the ability to contest comparability if there has been inadequate testing, and the Commission may order the satellite licensee to take additional measures to ensure comparability after the relocation. Our rules provide that the fixed licensee be given ``a reasonable time'' to conduct such tests, and we amend section 101.91(c) to clarify that the fixed licensee may take up to twelve months to complete such testing, to make adjustments, and ensure compatibility. In sum, we conclude that, given the elaborate procedural safeguards accorded to terrestrial fixed 18 GHz incumbents, and the nature of the service being introduced by the 18 GHz new entrants, it is not in the public interest
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-317A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-317A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-317A1.txt
  • except for the 18.3-18.58 GHz band, FSS licensees may enter into negotiations with co-primary terrestrial fixed services for the purpose of agreeing to terms under which the terrestrial licensees would either relocate or accept a sharing arrangement. If no voluntary agreement is reached within two years for non-public safety incumbents, an FSS licensee may initiate involuntary relocation pursuant to Section 101.91 of our rules. In the 18 GHz Order, the Commission found that a two-year time period for non-public safety incumbents and a three-year time period for public safety incumbents provided a reasonable balance between the needs of new FSS operators to gain access to spectrum and the needs of existing FS operators to ensure that relocated facilities are provided that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-317A1_Erratum.doc
  • except for the 18.3-18.58 GHz band, FSS licensees may enter into negotiations with co-primary terrestrial fixed services for the purpose of agreeing to terms under which the terrestrial licensees would either relocate or accept a sharing arrangement. If no voluntary agreement is reached within two years for non-public safety incumbents, an FSS licensee may initiate involuntary relocation pursuant to Section 101.91 of our rules. In the 18 GHz Order, the Commission found that a two-year time period for non-public safety incumbents and a three-year time period for public safety incumbents provided a reasonable balance between the needs of new FSS operators to gain access to spectrum and the needs of existing FS operators to ensure that relocated facilities are provided that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-81A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-81A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-81A1.txt
  • for a contiguous 10 MHz of spectrum currently allocated and licensed to MSS at 2 GHz. See id. at n.52. See id. at n.53. See id. at 30. See id. at 42. Id. See ET First Report and Order, 7 FCC Rcd at 6890 ¶ 24. See Teledesic, LLC v. FCC, 275 F.3d 75 (D.C. Cir. 2001) citing 47 C.F.R. 101.91. See Microwave/CATV Order, 1 FCC 2d at 911 ¶ 42. See Nextel Proposal at 39. The Commission has held that it has the authority - without adoption of specific rules - to permit cost-sharing that would spread the cost of band clearing among the licensees that benefit from the process. See Service Rules for the 746-764 and 776-794 MHz Bands,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-81A1_Erratum.doc
  • for a contiguous 10 MHz of spectrum currently allocated and licensed to MSS at 2 GHz. See id. at n.52. See id. at n.53. See id. at 30. See id. at 42. Id. See ET First Report and Order, 7 FCC Rcd at 6890 ¶ 24. See Teledesic, LLC v. FCC, 275 F.3d 75 (D.C. Cir. 2001) citing 47 C.F.R. 101.91. See Microwave/CATV Order, 1 FCC 2d at 911 ¶ 42. See Nextel Proposal at 39. The Commission has held that it has the authority - without adoption of specific rules - to permit cost-sharing that would spread the cost of band clearing among the licensees that benefit from the process. See Service Rules for the 746-764 and 776-794 MHz Bands,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-16A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-16A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-16A1.txt
  • channel. ). These stations are listed in Appendix E. See WCA Letter, supra n.66 (proposing that MDS operations be relocated to spectrum in the 1910-1915/6 MHz and 1995-1995/6 MHz bands). Second R&O, 16 FCC Rcd at 16061, ¶ 40. Emerging Technologies Third R&O, 8 FCC Rcd 6589, 6591 & 6603 ¶¶ 5 & 36 (1993). See, e.g., 47 C.F.R. § 101.91. See FCC Releases Staff Final Report ``Spectrum Study of 2500-2690 MHz Band: The Potential for Accommodating Third Generation Mobile Systems'' Seeks Comment on Final Report in Pending Spectrum Allocation Proceeding (ET Docket No. 00-258), DA 01-786, Public Notice, 12 FCC Rcd 10272 (2001). The study concluded that MDS and AWS sharing would not be possible in the 2500-2690 MHz band,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-251A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-251A1.txt
  • proceeding, we allowed new entrants to provide incumbents with comparable facilities using any acceptable technology. Emerging Technologies Third R&O, 8 FCC Rcd 6589, 6591, 6603 ¶¶ 5, 36 (1993). Under this policy, incumbents must be provided with replacement facilities that allow them to maintain the same service in terms of throughput, reliability and operating costs. See, e.g., 47 C.F.R. § 101.91. AWS Allocation Order, 17 FCC Rcd at 23213-15 ¶¶ 42-46; AWS Allocation NPRM, 16 FCC Rcd at 618 ¶¶ 54-55. AWS Allocation Order, 17 FCC Rcd at 23213-15 ¶¶ 42-46. For example, API requests that the Commission resolve petitions for reconsideration and/or clarification of the Commission's Second Report and Order in ET Docket No. 95-18 and restates its concerns in
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  • comparable facilities policy is technology neutral and permits the new entrants to provide any comparable facility to the displaced incumbent. Our policies do not require the displaced incumbent to accept a material change in its regulatory classification (i.e., from a PCO to a cable operator) as a result of the relocation. 47 C.F.R. §§ 101.69, 101.71 (2002). 47 C.F.R. § 101.91(a) (2002). 47 C.F.R. § 101.95(a) (2002). 18 GHz Second Order on Reconsideration, 18 FCC Rcd at 24255-56, ¶ 18. See 47 C.F.R. 101.85(b)(1) (2003) (``FS operations in the 18.3-18.58 GHz band that remain co-primary under the provisions of §§ 21.901(e), 74.502(c), 74.602(d), 78.18(a)(4), and 101.147(r) of this chapter will continue to be co-primary with FSS users of this spectrum until
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-172A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-172A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-172A1.txt
  • FCC Rcd at 2256, ¶ 71. See Emerging Technologies Third R&O, 8 FCC Rcd 6589 at 6591 & 6603, ¶¶ 5 & 36. See Microwave Cost Sharing First Report and Order and Further Notice of Proposed Rule Making, 11 FCC Rcd 8825 at ¶¶ 27-34 (2000) (``Microwave Cost Sharing First R&O and FNPRM''). See also 47 C.F.R. §§§ 101.73, 101.75, 101.91. Consistent with this purpose, the Commission's relocation procedures provide that during involuntary relocation, new entrants would only be required to provide incumbents with enough throughput to satisfy their system use at the time of relocation, not to match the overall capacity of the system. See 47 C.F.R. § 101.75. For example, in ET Docket No. 95-18, the Commission adopted a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-141A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-141A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-141A1.txt
  • for exclusive satellite services use, to continue operating on a co-primary basis until the applicable sunset date. Under these rules, satellite operators have the option to relocate FS stations in the event of interference and, during this ten-year period, existing FS stations may be relocated in accordance with the reimbursement and involuntary relocation procedures set forth in Sections 101.85 and 101.91of the Commission's Rules. After the sunset, existing FS stations may continue to operate on a non-interference basis, but FSS licensees are not required to pay relocation costs and may require an incumbent FS licensee to cease operations, provided that the FSS licensee intends to turn on a system within interference range of the incumbent FS licensee. Chart 1 illustrates that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-45A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-45A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-45A1.txt
  • 19 FCC Rcd 14165. . . See Emerging Technologies Third R&O, 8 FCC Rcd 6589 at 6591 & 6603, ¶¶ 5 & 36. See Microwave Cost Sharing First Report and Order and Further Notice of Proposed Rule Making, 11 FCC Rcd 8825 at ¶¶ 27-34 (2000) (``Microwave Cost Sharing First R&O and FNPRM''). See also 47 C.F.R. §§§ 101.73, 101.75, 101.91. Consistent with this purpose, the Commission's relocation procedures provide that during involuntary relocation, new entrants would only be required to provide incumbents with enough throughput to satisfy their system use at the time of relocation, not to match the overall capacity of the system. See 47 C.F.R. § 101.75. For example, in ET Docket No. 95-18, the Commission adopted a
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  • the possibility of creating emerging technologies bands with these considerations in mind. See Creating New Technology Bands for Emerging Telecommunications Technology, OET/TS 92-1 (January 1992). Emerging Technologies Third R&O, 8 FCC Rcd at 6591, 6603 ¶¶ 5, 36. See Microwave Cost Sharing First R&O and FNPRM, 11 FCC Rcd at 8840-8844 ¶¶ 27-34. See also 47 C.F.R. §§ 101.73, 101.75, 101.91. See, e.g., Microwave Cost Sharing First R&O and FNPRM, 11 FCC Rcd at 8843 ¶ 33; Emerging Technologies First R&O and Third NPRM, 7 FCC Rcd at 6889 ¶ 19 (recognizing, in the context of relocation of 2 GHz fixed microwave incumbents by PCS licensees, that fiber optics and satellites could, in some cases, allow for the provision of comparable
• http://www.fcc.gov/ogc/documents/opinions/2001/00-1466.doc http://www.fcc.gov/ogc/documents/opinions/2001/00-1466.html http://www.fcc.gov/ogc/documents/opinions/2001/00-1466.pdf
  • replaced with digital facilities, the satellite service must provide the terrestrial user with equivalent data loading bits per second. Id. § 101.89(d)(1). Satellite users must also compensate FS licensees for any "increased recurring costs associated with the replacement facilities" for five years after relocation. Id. § 101.89(d)(3). If no agreement is reached during the negotiation period, then 47 C.F.R. § 101.91 allows the satellite service to displace the FS user involuntarily. If involuntary displacement occurs during the 10-year transition period, however, the satellite user must pay all costs of moving the terrestrial user to replacement facilities, complete all activities necessary for implementing the relocation, build the new system, and test the new system. 47 C.F.R. § 101.91(a). The replacement facilities must