FCC Web Documents citing 74.931

as compiled by hallikainen.com/FccRules on 2009 01 01

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  • for additional time to respond and grant its motion for extension of time. RCDRC filed a consolidated reply on January 31, 2003. Consolidated Reply (filed Jan. 31, 2003) (Reply). On March 17, 2003, ADNY filed a petition seeking leave to supplement its opposition, a supplement, and an amendment deleting one channel from its Oakland, New Jersey site. 47 C.F.R. � 74.931. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818DLA. Channels C2, C3, and C4 are located in the frequency bands 2560-2566 MHz, 2572-2578 MHz, and 2584-2590 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that can emit signal transmissions, which are received by subscriber equipment, as well as receive transmissions from
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818AKD. Channels D1, D2, and D3 are located in the frequency bands 2554-2560 MHz, 2566-2572 MHz, and 2578-2584 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that transmits electromagnetic signals to subscriber equipment and receives electromagnetic transmissions from subscriber equipment. See 47 C.F.R.
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  • Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by KCTS Television, Inc. (filed Apr. 4, 2001) (Petition). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way
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  • these services effective March 25, 2002. Id. Petition to Deny filed by CAI Wireless Systems, Inc. (filed Dec. 8, 1998) (Petition). Shekinah opposed the petition to deny on December 18, 1998. Opposition to Petition to Deny (filed Dec. 18, 1998) (Opposition). CAI filed a reply on December 23, 1998. Reply to Opposition (filed Dec. 23, 1998) (Reply). 47 C.F.R. � 74.931. Id. 47 C.F.R. � 74.902. Public Notice Report No. 24363A, Mass Media Bureau, Instructional Television Fixed Service: Proposed Construction Permits and Licenses (rel. Nov. 6, 1998). Petition at 2. Petition, Engineering Statement of Stephen Daugherty, Electrical Engineer, CAI Wireless Systems, Inc. Petition at 3. Opposition at 2. Reply at 47 C.F.R. � 74.903(e)(1995). File No. MBPIF-19940713DD. (...continued from previous page)
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  • the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau A fixed station operated by an educational organization and used primarily for the transmission of visual and aural instructional, cultural, and other types of educational material to one or more fixed receiving locations. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19860728DH. The G Group channels consist of the frequencies 2644-2650 MHz, 2656-2662 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R.
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  • 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed Dec. 21, 1992) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission, to Centre USD #397 (Nov 20, 1992) (Dismissal Letter). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPLIF-19911213DG. The D Group channels are located at 2554-2560 MHz, 2566-2572 MHz, 2578-2584 MHz and 2590-2596 MHz. See 47 C.F.R. �
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  • of Hispanic Information and Telecommunications Network, Inc. (filed Sept. 5, 1997) (HITN Petition). Petition to Deny of Wireless Holdings, Inc. (filed Sept. 5, 1997) (WHI Petition). WHI holds an airtime lease agreement with HITN, WLX546, at Seattle, WA. Application for New ITFS Station at Olympia, Washington, File No. BPLIF-19951020, Facility ID No. 80877 (filed Oct. 20, 1995). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19840301DF. Broadcast Actions, Report No. 42810, Public Notice (rel. Apr. 30, 1992). File No. BNPIF-19940801DR. Broadcast Actions, Report No. 43591, Public
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed January 22, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Dec 17, 1997) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed May. 11, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Apr. 3, 1998) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • ``[i]ndicate by ``F'' [for formal] those programs which are delivered to enrolled students for academic credit.'' Question 6 sets out a program grid which requires that the applicant summarize, among other things, both the ``[t]otal hours [of] formal education programming for credit for enrolled students on [each] channel'' and the ``[t]otal hours [of] other ITFS service (see 47 C.F.R. � 74.931(b)) on [each] channel.'' However, none of the programs was designated as formal educational programming. HITN is correct that ITFS applicants are permitted to file amendments to their applications upgrading their comparative status until the ``B'' cut-off date. See PFR at 20; see also Second Report and Order, 101 FCC 2d at 74. HITN also correctly notes that the ``B'' cut-off
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  • delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau Petition to Deny filed by WorldCom Broadband Solutions, Inc. (Aug. 21, 2002) (WorldCom Petition). Petition to Deny filed by Northwest Communications, Inc. (Aug. 22, 2002) (Northwest Petition). 47 C.F.R. � 74.931. The G group channels consist of the frequencies 2644-2650 MHz, 2656-2652 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R. � 74.902(a). File No. BPIF-19830729DA. See File No. BCIF-20010709AAE. The coordinates of this site are 40�-2'-21" N. Lat 75�-14'-13" W. Long. The H-2 channel consists of the frequencies 2662-2668 MHz. See 47 C.F.R. � 21.901(b)(6). The H1 channel consists of
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  • Opinion and Order. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by Radio Training Network, Inc. and the University of Central Florida (filed Apr. 11, 2003) (Petition). 47 C.F.R. � 74.931. Id. File No. IF-20030225AAA. Wireless Telecommunications Bureau Multipoint Distribution Service and Instructional Television Fixed Service Applications Accepted for Filing, Public Notice, Report No. 1431 (rel. Mar. 5, 2003). Petition (filed Apr.11, 2003). Opposition (filed Apr.24, 2003). Reply (filed May. 6, 2003) (Reply). File No. BPIF-19910122BB (granted Dec. 3, 1991). File No. BRIF-20010622AAB (granted Dec. 3, 2001). See Mass Media Bureau
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPLIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • January 14, 2005, the Bureau issued a Notice of Return for Lamesa's renewal application indicating that the following additional information was required: Please complete Item 3b and Item 11 on FCC Form 330-R. Please amend your application to include certification that station WNC316 is operational, and an explanation of the educational programming being provided. Please refer to 47 C.F.R. Section 74.931concerning purpose and permissible service. Lamesa did not respond to the Notice of Return within 60 days. On April 4, 2005, Lamesa's application to renew its authorization for Station WNC316 was dismissed. On April 6, 2005, the Bureau released a Public Notice that indicated that the renewal application for Station WNC316 was dismissed. Metropolitan argues that the public interest would be
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  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
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  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
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  • Service in the 12.2-12.7 GHz Band, First Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 98-206, RM-9147, RM-9245, 16 FCC Rcd 4096, 4099 � 2 (2000). A significant number of MMDS operators also have access to a total of 33 6 MHz channels via leasing arrangements with Instructional Television Fixed Service licensees. See 47 C.F.R. � 74.931. See Report to Congress Pursuant to the Rural Local Broadcast Signal Act, Report, 16 FCC Rcd 578, 591 � 28 (2001). Since the 33-channel analog capacity of MMDS systems is generally not competitive with that of most cable systems, MMDS subscribership has declined. Id. In recent years, MMDS spectrum has been acquired with the intent of providing a ``last mile''
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  • of their systems to respond readily to consumer demand for their services, thus allowing the marketplace to dictate the best uses of the band.''). Through the years, the Commission has authorized various types of ``excess capacity'' leasing, such as that between Instructional Television Fixed Service (ITFS) and MMDS licensees and that involving FM subcarrier leasing. See generally 47 C.F.R. � 74.931(c), (d), and (f) (ITFS leasing); 47 C.F.R. �� 73.293, 73.295 (FM subcarrier leasing); see also Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services, Report and Order, 17 FCC Rcd 15040 (2002) (permitting private operational fixed microwave services licensees to lease reserve capacity to common carriers); 47 C.F.R. � 101.603(b)(1);
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  • channels, and do not alter their channel bandwidths or otherwise deviate from the mandated channelization scheme. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 191112, 19119-20 at � 19 (1998). See 47 C.F.R. � 74.931 (1992). 47 C.F.R. � 74.990(d) (1992). 47 C.F.R. � 74.990(a) (1992). 47 C.F.R. � 74.990 (1992). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-178 Federal Communications Commission FCC 03-178 � � � � � gdpf hpf hpf hB h> h� F � 9 [ � � � � 0 � 0 @ ``= pf L > � B
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  • Order, 48 Fed. Reg. 33873, 33875 � 9 (1983) (1983 R&O) (citing ETV Decision, 39 FCC 846, 853 � 25). Id. Id. Id. Id. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2; see also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998), recon.,
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  • Services, accessible on the Commission's web site at http://wireless.fcc.gov/auctions/06/factsheet.html. See 47 C.F.R. �� 21.902(a)(3),(4); 21.938(b)(2). 47 C.F.R. � 21.932(a). 47 C.F.R. �� 21.925(c)(4), 21.932(c). Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2. See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18,839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order,
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  • C.F.R. � 1.115, the Application for Review filed by Hispanic Information and Telecommunications Network, Inc. on October 27, 2003 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Application for Review (filed Oct. 27, 2003) (AFR). HITN filed a supplement to the AFR on March 19, 2004. Supplement to Application for Review (filed Mar. 19, 2004) (Supplement). 47 C.F.R. � 74.931. Id. Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed Rulemaking, 8 FCC Rcd 1275, 1277 � 9 (1993). Id. Id. The D Group channels are located at 2554-2560 MHz (D1), 2566-2572 MHz (D2), 2578-2584 MHz (D3), and 2590-2596 MHz (D4). See 47 C.F.R. � 74.902(a).
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  • to one of its four channels and lease the remaining three channels on a twenty-four-hour basis to a wireless cable operator. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, MM Docket 93-106, Report and Order, 9 FCC Rcd 3360 � 2 (1994) (1994 R&O). See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and
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  • Wireless Cable, Inc. and BellSouth Corporation (File Nos. 50849-CM-AL(1)-97 and 50851-CM-AL(2)-97). Petition at 1, n.1. The parties also assert that the grant of this petition will assure compliance with the Commission's rules concerning ITFS-cable cross-ownership because USA Digital leases excess capacity of ITFS stations having their main transmitter within 20 miles of Park City and Laurel. See 47 C.F.R. � 74.931(h) (prohibiting ITFS-cable cross-ownership). Petition at 1, n.1. 47 U.S.C. � 543. 47 C.F.R. � 76.905(b)(2). Based upon our action herein, the parties' request for expedited action is rendered moot. See Joint Motion for Expedited Review at 3. 47 C.F.R. � 76.906. 47 C.F.R. � 76.905. 47 U.S.C. � 543(1)(1)(B); see also 47 C.F.R. � 76.905(b)(2). See MediaOne of Georgia, 12
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  • whose signals or programs are proposed to be retransmitted. The FCC, Attention: Video Division, Media Bureau, shall be notified of the call letters of each station rebroadcast, and the licensee of the low power TV or TV broadcast translator station shall certify it has obtained written consent from the licensee of the station whose programs are being retransmitted. ***** Section 74.931 is amended by revising paragraph (j) to read as follows: � 74.931 Purpose and permissible service. ***** (j) The provisions of paragraph (h) of this section will not apply to ITFS excess capacity leased directly or indirectly to cable operators or affiliates to provide locally-produced programming to cable headends. Locally-produced programming is programming produced in or near the cable operator's
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  • for additional time to respond and grant its motion for extension of time. RCDRC filed a consolidated reply on January 31, 2003. Consolidated Reply (filed Jan. 31, 2003) (Reply). On March 17, 2003, ADNY filed a petition seeking leave to supplement its opposition, a supplement, and an amendment deleting one channel from its Oakland, New Jersey site. 47 C.F.R. � 74.931. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818DLA. Channels C2, C3, and C4 are located in the frequency bands 2560-2566 MHz, 2572-2578 MHz, and 2584-2590 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that can emit signal transmissions, which are received by subscriber equipment, as well as receive transmissions from
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818AKD. Channels D1, D2, and D3 are located in the frequency bands 2554-2560 MHz, 2566-2572 MHz, and 2578-2584 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that transmits electromagnetic signals to subscriber equipment and receives electromagnetic transmissions from subscriber equipment. See 47 C.F.R.
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  • Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by KCTS Television, Inc. (filed Apr. 4, 2001) (Petition). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way
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  • these services effective March 25, 2002. Id. Petition to Deny filed by CAI Wireless Systems, Inc. (filed Dec. 8, 1998) (Petition). Shekinah opposed the petition to deny on December 18, 1998. Opposition to Petition to Deny (filed Dec. 18, 1998) (Opposition). CAI filed a reply on December 23, 1998. Reply to Opposition (filed Dec. 23, 1998) (Reply). 47 C.F.R. � 74.931. Id. 47 C.F.R. � 74.902. Public Notice Report No. 24363A, Mass Media Bureau, Instructional Television Fixed Service: Proposed Construction Permits and Licenses (rel. Nov. 6, 1998). Petition at 2. Petition, Engineering Statement of Stephen Daugherty, Electrical Engineer, CAI Wireless Systems, Inc. Petition at 3. Opposition at 2. Reply at 47 C.F.R. � 74.903(e)(1995). File No. MBPIF-19940713DD. (...continued from previous page)
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  • the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau A fixed station operated by an educational organization and used primarily for the transmission of visual and aural instructional, cultural, and other types of educational material to one or more fixed receiving locations. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19860728DH. The G Group channels consist of the frequencies 2644-2650 MHz, 2656-2662 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R.
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  • 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed Dec. 21, 1992) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission, to Centre USD #397 (Nov 20, 1992) (Dismissal Letter). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPLIF-19911213DG. The D Group channels are located at 2554-2560 MHz, 2566-2572 MHz, 2578-2584 MHz and 2590-2596 MHz. See 47 C.F.R. �
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  • of Hispanic Information and Telecommunications Network, Inc. (filed Sept. 5, 1997) (HITN Petition). Petition to Deny of Wireless Holdings, Inc. (filed Sept. 5, 1997) (WHI Petition). WHI holds an airtime lease agreement with HITN, WLX546, at Seattle, WA. Application for New ITFS Station at Olympia, Washington, File No. BPLIF-19951020, Facility ID No. 80877 (filed Oct. 20, 1995). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19840301DF. Broadcast Actions, Report No. 42810, Public Notice (rel. Apr. 30, 1992). File No. BNPIF-19940801DR. Broadcast Actions, Report No. 43591, Public
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed January 22, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Dec 17, 1997) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed May. 11, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Apr. 3, 1998) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • ``[i]ndicate by ``F'' [for formal] those programs which are delivered to enrolled students for academic credit.'' Question 6 sets out a program grid which requires that the applicant summarize, among other things, both the ``[t]otal hours [of] formal education programming for credit for enrolled students on [each] channel'' and the ``[t]otal hours [of] other ITFS service (see 47 C.F.R. � 74.931(b)) on [each] channel.'' However, none of the programs was designated as formal educational programming. HITN is correct that ITFS applicants are permitted to file amendments to their applications upgrading their comparative status until the ``B'' cut-off date. See PFR at 20; see also Second Report and Order, 101 FCC 2d at 74. HITN also correctly notes that the ``B'' cut-off
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  • delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau Petition to Deny filed by WorldCom Broadband Solutions, Inc. (Aug. 21, 2002) (WorldCom Petition). Petition to Deny filed by Northwest Communications, Inc. (Aug. 22, 2002) (Northwest Petition). 47 C.F.R. � 74.931. The G group channels consist of the frequencies 2644-2650 MHz, 2656-2652 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R. � 74.902(a). File No. BPIF-19830729DA. See File No. BCIF-20010709AAE. The coordinates of this site are 40�-2'-21" N. Lat 75�-14'-13" W. Long. The H-2 channel consists of the frequencies 2662-2668 MHz. See 47 C.F.R. � 21.901(b)(6). The H1 channel consists of
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  • Opinion and Order. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by Radio Training Network, Inc. and the University of Central Florida (filed Apr. 11, 2003) (Petition). 47 C.F.R. � 74.931. Id. File No. IF-20030225AAA. Wireless Telecommunications Bureau Multipoint Distribution Service and Instructional Television Fixed Service Applications Accepted for Filing, Public Notice, Report No. 1431 (rel. Mar. 5, 2003). Petition (filed Apr.11, 2003). Opposition (filed Apr.24, 2003). Reply (filed May. 6, 2003) (Reply). File No. BPIF-19910122BB (granted Dec. 3, 1991). File No. BRIF-20010622AAB (granted Dec. 3, 2001). See Mass Media Bureau
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPLIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • January 14, 2005, the Bureau issued a Notice of Return for Lamesa's renewal application indicating that the following additional information was required: Please complete Item 3b and Item 11 on FCC Form 330-R. Please amend your application to include certification that station WNC316 is operational, and an explanation of the educational programming being provided. Please refer to 47 C.F.R. Section 74.931concerning purpose and permissible service. Lamesa did not respond to the Notice of Return within 60 days. On April 4, 2005, Lamesa's application to renew its authorization for Station WNC316 was dismissed. On April 6, 2005, the Bureau released a Public Notice that indicated that the renewal application for Station WNC316 was dismissed. Metropolitan argues that the public interest would be
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  • 18 7 W. 100 NORTH COLLEGE AVENUE, TYLER, TX Antenna # 1 C/L RCAMSL 60.90 meters, Antenna # 2 C/L RCAMSL 60.90 meters, Antenna # 3 C/L RCAMSL 60.90 meters, Antenna # 4 C/L RCAMSL 60.90 meters Increase EIRP Change Upper or Lower Frequency Bandwidth Add or Change Frequency Offset Change Carrier Status Pursuant to 47 C.F.R. Section 21.903(d) or 74.931(c)(6) or (d)(6) Waiver Request File Number Applicant Channel(s) Station City & State BMPIF-20000818AEC BOWDON PUBLIC SCHOOL A4 BOWDON, ND Call Sign WLX944 (6552) Lat. 47 28 13 N. - Lon. 99 42 18 W. ADJACENT TO BOWDON PUBLIC SCHOOL, BOWDON, ND New Station Relocate a Transmitting Site or Hub Site Change Antenna Radiation Center Height Other Facilities Changes LEAD CALLSIGN:
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  • (4) In lieu of the interference analyses required by paragraphs (b)(1) and (2) of this section, an applicant may submit (a) statement(s) from the affected cochannel or adjacent channel licensee(s) that any resulting interference is acceptable. * * * * * (c) Existing licensees and prospective applicants, including those who lease or propose to lease excess capacity pursuant to � 74.931(c) or (d), are expected to cooperate fully and in good faith in attempting to resolve problems of potential interference before bringing the matter to the attention of the Commission. (d) Each authorized or previously-proposed applicant, or licensee must be protected from harmful electrical interference at each of its receive sites registered previously as of September 17, 1998, and within a
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  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
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  • which many private land mobile radio (PLMR) services frequencies are assigned to individual applicants. Although PLMR applicants have had the option to use a frequency coordinator to select their frequencies since 1958, the Commission, in 1986, required all PLMR licensees to coordinate their frequency selections with certified coordinators under Section 90.175 of the Commission's rules.105 The 99See 47 C.F.R. � 74.931(e). 100See 47 C.F.R. � 74.631(f). 101See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
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  • was executed to facilitate the provision of local programming. The first application or the first lease notification in an area filed with the Commission will be entitled to the exemption. The limitations on one MDS channel per party and per area include any cable/MDS operations grandfathered pursuant to paragraph (f) of this section or cable/ITFS operations grandfathered pursuant to � 74.931(e) of this chapter. The cable operator must demonstrate in its MDS/MMDS application that the proposed local programming will be provided within one year from the date its application is granted. Local programming service pursuant to a lease must be provided within one year of the date of the lease or one year of grant of the licensee's application for the
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  • Service in the 12.2-12.7 GHz Band, First Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 98-206, RM-9147, RM-9245, 16 FCC Rcd 4096, 4099 � 2 (2000). A significant number of MMDS operators also have access to a total of 33 6 MHz channels via leasing arrangements with Instructional Television Fixed Service licensees. See 47 C.F.R. � 74.931. See Report to Congress Pursuant to the Rural Local Broadcast Signal Act, Report, 16 FCC Rcd 578, 591 � 28 (2001). Since the 33-channel analog capacity of MMDS systems is generally not competitive with that of most cable systems, MMDS subscribership has declined. Id. In recent years, MMDS spectrum has been acquired with the intent of providing a ``last mile''
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  • of their systems to respond readily to consumer demand for their services, thus allowing the marketplace to dictate the best uses of the band.''). Through the years, the Commission has authorized various types of ``excess capacity'' leasing, such as that between Instructional Television Fixed Service (ITFS) and MMDS licensees and that involving FM subcarrier leasing. See generally 47 C.F.R. � 74.931(c), (d), and (f) (ITFS leasing); 47 C.F.R. �� 73.293, 73.295 (FM subcarrier leasing); see also Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services, Report and Order, 17 FCC Rcd 15040 (2002) (permitting private operational fixed microwave services licensees to lease reserve capacity to common carriers); 47 C.F.R. � 101.603(b)(1);
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  • channels, and do not alter their channel bandwidths or otherwise deviate from the mandated channelization scheme. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 191112, 19119-20 at � 19 (1998). See 47 C.F.R. � 74.931 (1992). 47 C.F.R. � 74.990(d) (1992). 47 C.F.R. � 74.990(a) (1992). 47 C.F.R. � 74.990 (1992). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-178 Federal Communications Commission FCC 03-178 � � � � � gdpf hpf hpf hB h> h� F � 9 [ � � � � 0 � 0 @ ``= pf L > � B
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-266A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-266A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-266A1.txt
  • Order, 48 Fed. Reg. 33873, 33875 � 9 (1983) (1983 R&O) (citing ETV Decision, 39 FCC 846, 853 � 25). Id. Id. Id. Id. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2; see also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998), recon.,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.txt
  • Services, accessible on the Commission's web site at http://wireless.fcc.gov/auctions/06/factsheet.html. See 47 C.F.R. �� 21.902(a)(3),(4); 21.938(b)(2). 47 C.F.R. � 21.932(a). 47 C.F.R. �� 21.925(c)(4), 21.932(c). Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2. See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18,839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.txt
  • site if (1) a reception system was installed at that site on or before the date the EBS licensee receives its Pre-Transition Data Request (see discussion above); (2) the reception system was installed by or at the direction of the EBS licensee; and (3) that reception system is either actually used to receive EBS programming that comports with former Section 74.931(a)(1) of the Rules or is located at a cable television system headend and the cable system relays such EBS programming. Only EBS receive sites within the licensee's thirty-five mile radius PSA circle are eligible to receive replacement downconverters. The details of the replacement of the downconverters will occur during the Transition Planning Period, which is discussed above. The replacement downconverters
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-240A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-240A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-240A1.txt
  • C.F.R. � 1.115, the Application for Review filed by Hispanic Information and Telecommunications Network, Inc. on October 27, 2003 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Application for Review (filed Oct. 27, 2003) (AFR). HITN filed a supplement to the AFR on March 19, 2004. Supplement to Application for Review (filed Mar. 19, 2004) (Supplement). 47 C.F.R. � 74.931. Id. Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed Rulemaking, 8 FCC Rcd 1275, 1277 � 9 (1993). Id. Id. The D Group channels are located at 2554-2560 MHz (D1), 2566-2572 MHz (D2), 2578-2584 MHz (D3), and 2590-2596 MHz (D4). See 47 C.F.R. � 74.902(a).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.txt
  • to one of its four channels and lease the remaining three channels on a twenty-four-hour basis to a wireless cable operator. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, MM Docket 93-106, Report and Order, 9 FCC Rcd 3360 � 2 (1994) (1994 R&O). See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • credit would be inappropriate, as prohibitions on permit transfers are "likely" to delay service to the public, contrary to the purpose of Section 309(j). Second Report and Order, 9 FCC Rcd at 2385. Authorized ITFS "channels must be used to transmit formal educational programming offered for credit to enrolled 243 students of accredited schools," with certain exceptions. 47 C.F.R. � 74.931(a)(1). Specifically, ITFS licensees may lease excess capacity on their channels to Multipoint Distribution Service (MDS) operators, which have generally used such excess capacity to transmit multichannel video programming to subscribers. An ITFS licensee who leases excess channel capacity to an MDS operator must still provide a total average of at least 20 hours per channel per week of ITFS programming
• http://wireless.fcc.gov/auctions/25/releases/fc990074.pdf http://wireless.fcc.gov/auctions/25/releases/fc990074.txt http://wireless.fcc.gov/auctions/25/releases/fc990074.wp
  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
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  • credit would be inappropriate, as prohibitions on permit transfers are "likely" to delay service to the public, contrary to the purpose of Section 309(j). Second Report and Order, 9 FCC Rcd at 2385. Authorized ITFS "channels must be used to transmit formal educational programming offered for credit to enrolled 243 students of accredited schools," with certain exceptions. 47 C.F.R. � 74.931(a)(1). Specifically, ITFS licensees may lease excess capacity on their channels to Multipoint Distribution Service (MDS) operators, which have generally used such excess capacity to transmit multichannel video programming to subscribers. An ITFS licensee who leases excess channel capacity to an MDS operator must still provide a total average of at least 20 hours per channel per week of ITFS programming
• http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
• http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
• http://wireless.fcc.gov/auctions/33/releases/fc000090.doc http://wireless.fcc.gov/auctions/33/releases/fc000090.pdf http://wireless.fcc.gov/auctions/33/releases/fc000090.txt
  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
• http://wireless.fcc.gov/services/brsebs/releases/fcc97360.doc http://wireless.fcc.gov/services/brsebs/releases/fcc97360.pdf http://wireless.fcc.gov/services/brsebs/releases/fcc97360.txt
  • would represent a fundamental shift in the review function of the Commission in this area and call for substantially increased diligence on the part of MDS and ITFS licensees in regard to tracking and monitoring the impact of applications by other parties on their own service. We note here, however, that no changes have been proposed to Sections 74.901, 74.913, 74.931 and 74.932 of our Rules which would modify the basic eligibility requirements or responsibilities of ITFS licensees. Similarly, no changes have been proposed with respect to Section 74.990 of our Rules, pertaining to the use of available ITFS frequencies by wireless cable entities and, therefore, no changes have been proposed to Section 74.990(e), governing the preferences between mutually exclusive ITFS
• http://www.fcc.gov/3G/3G_appendices.doc http://www.fcc.gov/3G/3G_appendices.pdf
  • restrict Main/Booster transmitter power output. 3. The rules do not specify maximum or minimum permissible antenna gain. Licensees may use omnidirectional antennas and/or directional antennas as needed to achieve desired area coverage. Main and Booster Stations utilize multiple directional antennas to achieve sectorized coverage of the service area as a means of achieving frequency reuse. See Rule Sections 21.906(a) (MDS), 74.931(b)(3) (ITFS) and 74.937(b) (ITFS). 4. The rules do not restrict beam tilt, either mechanical or electrical, although the details of the tilted beam pattern must be specified on the station application form. 5. The maximum permissible EIRP per 6 MHz channel is 2000 watts (33 dBW) for stations utilizing an omnidirectional antenna (i.e. no azimuthal-plane directivity). For stations using directional
• http://www.fcc.gov/3G/3gfinalreportappendices.doc http://www.fcc.gov/3G/3gfinalreportappendices.pdf
  • restrict Main/Booster transmitter power output. 3. The rules do not specify maximum or minimum permissible antenna gain. Licensees may use omnidirectional antennas and/or directional antennas as needed to achieve desired area coverage. Main and Booster Stations utilize multiple directional antennas to achieve sectorized coverage of the service area as a means of achieving frequency reuse. See Rule Sections 21.906(a) (MDS), 74.931(b)(3) (ITFS) and 74.937(b) (ITFS). 4. The rules do not restrict beam tilt, either mechanical or electrical, although the details of the tilted beam pattern must be specified on the station application form. 5. The maximum permissible EIRP per 6 MHz channel is 2000 watts (33 dBW) for stations utilizing an omnidirectional antenna (i.e. no azimuthal-plane directivity). For stations using directional
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000935.doc
  • Services, Inc. and BellSouth Wireless Cable, Inc. (collectively "BellSouth") filed a Petition for Special Relief requesting a finding of effective competition for BellSouth's cable franchises in the cities of Chamblee, Duluth, Lawrenceville, Roswell and Woodstock Georgia and in the unincorporated areas of Cherokee, Dekalb, Gwinnett and Cobb Counties, Georgia in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules regarding cable/wireless cable cross-ownership and cross-affiliation restrictions. BellSouth's petition is unopposed. . The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the bases by which a cable system will be deemed subject to effective competition is if fewer
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001074.doc
  • May 15, 2000 By the Deputy Chief, Cable Services Bureau: . BellSouth Interactive Media Services, Inc. and BellSouth Wireless Cable, Inc. (collectively "BellSouth") filed a Petition for Special Relief requesting a finding of effective competition for BellSouth's planned cable franchise planned for the unincorporated areas of Dade County, Florida in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules regarding cable/wireless cable cross-ownership and cross-affiliation restrictions. Adelphia Cable Partners, L.P. (``Adelphia'') filed an opposition, to which BellSouth replied. . The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the bases by which a cable system will be
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001085.doc
  • St. John's County, FL ) Adopted: May 15, 2000 Released: May 17, 2000 By the Deputy Chief, Cable Services Bureau: BellSouth Wireless Cable, Inc. and BellSouth Interactive Media Systems, Inc. (collectively ``BellSouth'') filed a Petition for Special Relief requesting a finding of effective competition in St. John's County, Florida in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules. No oppositions were filed. The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the basis by which a cable system will be deemed subject to effective competition is if fewer than 30% of the households in the system's
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97360.pdf
  • would represent a fundamental shift in the review function of the Commission in this area and call for substantially increased diligence on the part of MDS and ITFS licensees in regard to tracking and monitoring the impact of applications by other parties on their own service. We note here, however, that no changes have been proposed to Sections 74.901, 74.913, 74.931 and 74.932 of our Rules which would modify the basic eligibility requirements or responsibilities of ITFS licensees. Similarly, no changes have been proposed with respect to Section 74.990 of our Rules, pertaining to the use of available ITFS frequencies by wireless cable entities and, therefore, no changes have been proposed to Section 74.990(e), governing the preferences between mutually exclusive ITFS
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98231.pdf
  • We also sought comment on whether operators should be required to give the Commission notice when they are switching back and forth between common carrier and non-common carrier service, even if prior approval is not required. What little Federal Communications Commission FCC 98-231 167 See Comments of Corporation for Public Broadcasting and Gulf Coast MDS. 168 See 47 C.F.R. � 74.931. 169 47 C.F.R. � 74.931(a)(1). While ITFS programming generally is transmitted to receive sites at accredited schools, it still also may qualify to meet programming requirements under certain circumstances when delivered to enrolled students of accredited schools at businesses, homes, or any other sites. See 47 C.F.R. � 74.931(a)(2); Amendment of Part 74 of the Commission's Rules and Regulations in
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.wp
  • the unintended effect of limiting the scope of the ITFS exemption. We also agree that the same reasoning for the ITFS exemption applies to programming produced by others for ITFS licensees as to programming produced by the ITFS licensees themselves. Therefore, we amend Section 79.1(d)(7) to exempt video programming transmitted by an Instructional Television Fixed Service licensee pursuant to Sections 74.931(a), (b) or (c) of the rules. 64. General Revenue Exemption. The captioning rules include a general revenue exemption. Under this exemption, no video programming provider is required to spend any money to caption any channel of video programming producing annual gross revenues of less than $3 million during the previous calendar year.191 In addition, no video programming provider is required
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.wp
  • rules.313 Boston Ventures asserted that relaxation of the attribution rules in this way will give investors additional flexibility to structure their cable and wireless cable investments, reduce transactional costs involved in obtaining waivers, and thereby provide additional capital to the cable and wireless cable industries.314 In addition, the Wireless Association pointed out that the cable/ITFS cross-leasing rule, 47 C.F.R. � 74.931(h) and (i), is not followed by a supplemental note defining the ownership attribution standard applicable to that rule. Given this absence, the Federal Communications Commission FCC 99-207 315 Comments in response to Attribution Further Notice of Wireless Association at 10. 316 Comments in response to Attribution Further Notice of Blackstone at 2-3, citing 47 C.F.R. � 20.6(c) & (d). The
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.doc http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.txt
  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
• http://www.fcc.gov/cgb/dro/captioning_regs.html
  • the 48 contiguous states may treat as exempt programming that is exempt under this paragraph when distributed in the contiguous states. (6) Interstitials, promotional announcements and public service announcements. Interstitial material, promotional announcements, and public service announcements that are 10 minutes or less in duration. (7) ITFS programming. Video programming transmitted by an Instructional Television Fixed Service licensee pursuant to 74.931(a), (b) or (c) of the rules. (8) Locally produced and distributed non-news programming with no repeat value. Programming that is locally produced by the video programming distributor, has no repeat value, is of local public interest, is not news programming, and for which the "electronic news room" technique of captioning is unavailable. (9) Programming on new networks. Programming on a
• http://www.fcc.gov/cgb/dro/exemptions_from_cc_rules.html
  • the 48 contiguous states may treat as exempt programming that is exempt under this paragraph when distributed in the contiguous states. (6) Interstitials, promotional announcements and public service announcements. Interstitial material, promotional announcements, and public service announcements that are 10 minutes or less in duration. (7) ITFS programming. Video programming transmitted by an Instructional Television Fixed Service licensee pursuant to 74.931(a), (b) or (c) of the rules. (8) Locally produced and distributed non-news programming with no repeat value. Programming that is locally produced by the video programming distributor, has no repeat value, is of local public interest, is not news programming, and for which the "electronic news room" technique of captioning is unavailable. (See 158 of [37]1997 R&O and 57-61 of
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  • for additional time to respond and grant its motion for extension of time. RCDRC filed a consolidated reply on January 31, 2003. Consolidated Reply (filed Jan. 31, 2003) (Reply). On March 17, 2003, ADNY filed a petition seeking leave to supplement its opposition, a supplement, and an amendment deleting one channel from its Oakland, New Jersey site. 47 C.F.R. � 74.931. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2184A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2184A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2184A1.txt
  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818DLA. Channels C2, C3, and C4 are located in the frequency bands 2560-2566 MHz, 2572-2578 MHz, and 2584-2590 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that can emit signal transmissions, which are received by subscriber equipment, as well as receive transmissions from
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2191A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2191A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2191A1.txt
  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818AKD. Channels D1, D2, and D3 are located in the frequency bands 2554-2560 MHz, 2566-2572 MHz, and 2578-2584 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that transmits electromagnetic signals to subscriber equipment and receives electromagnetic transmissions from subscriber equipment. See 47 C.F.R.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2355A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2355A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2355A1.txt
  • Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by KCTS Television, Inc. (filed Apr. 4, 2001) (Petition). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way
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  • these services effective March 25, 2002. Id. Petition to Deny filed by CAI Wireless Systems, Inc. (filed Dec. 8, 1998) (Petition). Shekinah opposed the petition to deny on December 18, 1998. Opposition to Petition to Deny (filed Dec. 18, 1998) (Opposition). CAI filed a reply on December 23, 1998. Reply to Opposition (filed Dec. 23, 1998) (Reply). 47 C.F.R. � 74.931. Id. 47 C.F.R. � 74.902. Public Notice Report No. 24363A, Mass Media Bureau, Instructional Television Fixed Service: Proposed Construction Permits and Licenses (rel. Nov. 6, 1998). Petition at 2. Petition, Engineering Statement of Stephen Daugherty, Electrical Engineer, CAI Wireless Systems, Inc. Petition at 3. Opposition at 2. Reply at 47 C.F.R. � 74.903(e)(1995). File No. MBPIF-19940713DD. (...continued from previous page)
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  • the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau A fixed station operated by an educational organization and used primarily for the transmission of visual and aural instructional, cultural, and other types of educational material to one or more fixed receiving locations. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19860728DH. The G Group channels consist of the frequencies 2644-2650 MHz, 2656-2662 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R.
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  • 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed Dec. 21, 1992) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission, to Centre USD #397 (Nov 20, 1992) (Dismissal Letter). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPLIF-19911213DG. The D Group channels are located at 2554-2560 MHz, 2566-2572 MHz, 2578-2584 MHz and 2590-2596 MHz. See 47 C.F.R. �
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  • of Hispanic Information and Telecommunications Network, Inc. (filed Sept. 5, 1997) (HITN Petition). Petition to Deny of Wireless Holdings, Inc. (filed Sept. 5, 1997) (WHI Petition). WHI holds an airtime lease agreement with HITN, WLX546, at Seattle, WA. Application for New ITFS Station at Olympia, Washington, File No. BPLIF-19951020, Facility ID No. 80877 (filed Oct. 20, 1995). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19840301DF. Broadcast Actions, Report No. 42810, Public Notice (rel. Apr. 30, 1992). File No. BNPIF-19940801DR. Broadcast Actions, Report No. 43591, Public
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed January 22, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Dec 17, 1997) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed May. 11, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Apr. 3, 1998) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • ``[i]ndicate by ``F'' [for formal] those programs which are delivered to enrolled students for academic credit.'' Question 6 sets out a program grid which requires that the applicant summarize, among other things, both the ``[t]otal hours [of] formal education programming for credit for enrolled students on [each] channel'' and the ``[t]otal hours [of] other ITFS service (see 47 C.F.R. � 74.931(b)) on [each] channel.'' However, none of the programs was designated as formal educational programming. HITN is correct that ITFS applicants are permitted to file amendments to their applications upgrading their comparative status until the ``B'' cut-off date. See PFR at 20; see also Second Report and Order, 101 FCC 2d at 74. HITN also correctly notes that the ``B'' cut-off
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  • delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau Petition to Deny filed by WorldCom Broadband Solutions, Inc. (Aug. 21, 2002) (WorldCom Petition). Petition to Deny filed by Northwest Communications, Inc. (Aug. 22, 2002) (Northwest Petition). 47 C.F.R. � 74.931. The G group channels consist of the frequencies 2644-2650 MHz, 2656-2652 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R. � 74.902(a). File No. BPIF-19830729DA. See File No. BCIF-20010709AAE. The coordinates of this site are 40�-2'-21" N. Lat 75�-14'-13" W. Long. The H-2 channel consists of the frequencies 2662-2668 MHz. See 47 C.F.R. � 21.901(b)(6). The H1 channel consists of
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  • Opinion and Order. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by Radio Training Network, Inc. and the University of Central Florida (filed Apr. 11, 2003) (Petition). 47 C.F.R. � 74.931. Id. File No. IF-20030225AAA. Wireless Telecommunications Bureau Multipoint Distribution Service and Instructional Television Fixed Service Applications Accepted for Filing, Public Notice, Report No. 1431 (rel. Mar. 5, 2003). Petition (filed Apr.11, 2003). Opposition (filed Apr.24, 2003). Reply (filed May. 6, 2003) (Reply). File No. BPIF-19910122BB (granted Dec. 3, 1991). File No. BRIF-20010622AAB (granted Dec. 3, 2001). See Mass Media Bureau
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPLIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • January 14, 2005, the Bureau issued a Notice of Return for Lamesa's renewal application indicating that the following additional information was required: Please complete Item 3b and Item 11 on FCC Form 330-R. Please amend your application to include certification that station WNC316 is operational, and an explanation of the educational programming being provided. Please refer to 47 C.F.R. Section 74.931concerning purpose and permissible service. Lamesa did not respond to the Notice of Return within 60 days. On April 4, 2005, Lamesa's application to renew its authorization for Station WNC316 was dismissed. On April 6, 2005, the Bureau released a Public Notice that indicated that the renewal application for Station WNC316 was dismissed. Metropolitan argues that the public interest would be
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  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
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  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
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  • Service in the 12.2-12.7 GHz Band, First Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 98-206, RM-9147, RM-9245, 16 FCC Rcd 4096, 4099 � 2 (2000). A significant number of MMDS operators also have access to a total of 33 6 MHz channels via leasing arrangements with Instructional Television Fixed Service licensees. See 47 C.F.R. � 74.931. See Report to Congress Pursuant to the Rural Local Broadcast Signal Act, Report, 16 FCC Rcd 578, 591 � 28 (2001). Since the 33-channel analog capacity of MMDS systems is generally not competitive with that of most cable systems, MMDS subscribership has declined. Id. In recent years, MMDS spectrum has been acquired with the intent of providing a ``last mile''
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  • of their systems to respond readily to consumer demand for their services, thus allowing the marketplace to dictate the best uses of the band.''). Through the years, the Commission has authorized various types of ``excess capacity'' leasing, such as that between Instructional Television Fixed Service (ITFS) and MMDS licensees and that involving FM subcarrier leasing. See generally 47 C.F.R. � 74.931(c), (d), and (f) (ITFS leasing); 47 C.F.R. �� 73.293, 73.295 (FM subcarrier leasing); see also Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services, Report and Order, 17 FCC Rcd 15040 (2002) (permitting private operational fixed microwave services licensees to lease reserve capacity to common carriers); 47 C.F.R. � 101.603(b)(1);
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  • channels, and do not alter their channel bandwidths or otherwise deviate from the mandated channelization scheme. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 191112, 19119-20 at � 19 (1998). See 47 C.F.R. � 74.931 (1992). 47 C.F.R. � 74.990(d) (1992). 47 C.F.R. � 74.990(a) (1992). 47 C.F.R. � 74.990 (1992). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-178 Federal Communications Commission FCC 03-178 � � � � � gdpf hpf hpf hB h> h� F � 9 [ � � � � 0 � 0 @ ``= pf L > � B
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  • Order, 48 Fed. Reg. 33873, 33875 � 9 (1983) (1983 R&O) (citing ETV Decision, 39 FCC 846, 853 � 25). Id. Id. Id. Id. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2; see also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998), recon.,
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  • Services, accessible on the Commission's web site at http://wireless.fcc.gov/auctions/06/factsheet.html. See 47 C.F.R. �� 21.902(a)(3),(4); 21.938(b)(2). 47 C.F.R. � 21.932(a). 47 C.F.R. �� 21.925(c)(4), 21.932(c). Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2. See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18,839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order,
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  • C.F.R. � 1.115, the Application for Review filed by Hispanic Information and Telecommunications Network, Inc. on October 27, 2003 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Application for Review (filed Oct. 27, 2003) (AFR). HITN filed a supplement to the AFR on March 19, 2004. Supplement to Application for Review (filed Mar. 19, 2004) (Supplement). 47 C.F.R. � 74.931. Id. Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed Rulemaking, 8 FCC Rcd 1275, 1277 � 9 (1993). Id. Id. The D Group channels are located at 2554-2560 MHz (D1), 2566-2572 MHz (D2), 2578-2584 MHz (D3), and 2590-2596 MHz (D4). See 47 C.F.R. � 74.902(a).
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  • to one of its four channels and lease the remaining three channels on a twenty-four-hour basis to a wireless cable operator. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, MM Docket 93-106, Report and Order, 9 FCC Rcd 3360 � 2 (1994) (1994 R&O). See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and
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  • Wireless Cable, Inc. and BellSouth Corporation (File Nos. 50849-CM-AL(1)-97 and 50851-CM-AL(2)-97). Petition at 1, n.1. The parties also assert that the grant of this petition will assure compliance with the Commission's rules concerning ITFS-cable cross-ownership because USA Digital leases excess capacity of ITFS stations having their main transmitter within 20 miles of Park City and Laurel. See 47 C.F.R. � 74.931(h) (prohibiting ITFS-cable cross-ownership). Petition at 1, n.1. 47 U.S.C. � 543. 47 C.F.R. � 76.905(b)(2). Based upon our action herein, the parties' request for expedited action is rendered moot. See Joint Motion for Expedited Review at 3. 47 C.F.R. � 76.906. 47 C.F.R. � 76.905. 47 U.S.C. � 543(1)(1)(B); see also 47 C.F.R. � 76.905(b)(2). See MediaOne of Georgia, 12
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  • whose signals or programs are proposed to be retransmitted. The FCC, Attention: Video Division, Media Bureau, shall be notified of the call letters of each station rebroadcast, and the licensee of the low power TV or TV broadcast translator station shall certify it has obtained written consent from the licensee of the station whose programs are being retransmitted. ***** Section 74.931 is amended by revising paragraph (j) to read as follows: � 74.931 Purpose and permissible service. ***** (j) The provisions of paragraph (h) of this section will not apply to ITFS excess capacity leased directly or indirectly to cable operators or affiliates to provide locally-produced programming to cable headends. Locally-produced programming is programming produced in or near the cable operator's
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  • for additional time to respond and grant its motion for extension of time. RCDRC filed a consolidated reply on January 31, 2003. Consolidated Reply (filed Jan. 31, 2003) (Reply). On March 17, 2003, ADNY filed a petition seeking leave to supplement its opposition, a supplement, and an amendment deleting one channel from its Oakland, New Jersey site. 47 C.F.R. � 74.931. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818DLA. Channels C2, C3, and C4 are located in the frequency bands 2560-2566 MHz, 2572-2578 MHz, and 2584-2590 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that can emit signal transmissions, which are received by subscriber equipment, as well as receive transmissions from
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818AKD. Channels D1, D2, and D3 are located in the frequency bands 2554-2560 MHz, 2566-2572 MHz, and 2578-2584 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that transmits electromagnetic signals to subscriber equipment and receives electromagnetic transmissions from subscriber equipment. See 47 C.F.R.
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  • Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by KCTS Television, Inc. (filed Apr. 4, 2001) (Petition). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way
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  • these services effective March 25, 2002. Id. Petition to Deny filed by CAI Wireless Systems, Inc. (filed Dec. 8, 1998) (Petition). Shekinah opposed the petition to deny on December 18, 1998. Opposition to Petition to Deny (filed Dec. 18, 1998) (Opposition). CAI filed a reply on December 23, 1998. Reply to Opposition (filed Dec. 23, 1998) (Reply). 47 C.F.R. � 74.931. Id. 47 C.F.R. � 74.902. Public Notice Report No. 24363A, Mass Media Bureau, Instructional Television Fixed Service: Proposed Construction Permits and Licenses (rel. Nov. 6, 1998). Petition at 2. Petition, Engineering Statement of Stephen Daugherty, Electrical Engineer, CAI Wireless Systems, Inc. Petition at 3. Opposition at 2. Reply at 47 C.F.R. � 74.903(e)(1995). File No. MBPIF-19940713DD. (...continued from previous page)
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  • the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau A fixed station operated by an educational organization and used primarily for the transmission of visual and aural instructional, cultural, and other types of educational material to one or more fixed receiving locations. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19860728DH. The G Group channels consist of the frequencies 2644-2650 MHz, 2656-2662 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R.
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  • 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed Dec. 21, 1992) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission, to Centre USD #397 (Nov 20, 1992) (Dismissal Letter). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPLIF-19911213DG. The D Group channels are located at 2554-2560 MHz, 2566-2572 MHz, 2578-2584 MHz and 2590-2596 MHz. See 47 C.F.R. �
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  • of Hispanic Information and Telecommunications Network, Inc. (filed Sept. 5, 1997) (HITN Petition). Petition to Deny of Wireless Holdings, Inc. (filed Sept. 5, 1997) (WHI Petition). WHI holds an airtime lease agreement with HITN, WLX546, at Seattle, WA. Application for New ITFS Station at Olympia, Washington, File No. BPLIF-19951020, Facility ID No. 80877 (filed Oct. 20, 1995). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19840301DF. Broadcast Actions, Report No. 42810, Public Notice (rel. Apr. 30, 1992). File No. BNPIF-19940801DR. Broadcast Actions, Report No. 43591, Public
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed January 22, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Dec 17, 1997) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed May. 11, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Apr. 3, 1998) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • ``[i]ndicate by ``F'' [for formal] those programs which are delivered to enrolled students for academic credit.'' Question 6 sets out a program grid which requires that the applicant summarize, among other things, both the ``[t]otal hours [of] formal education programming for credit for enrolled students on [each] channel'' and the ``[t]otal hours [of] other ITFS service (see 47 C.F.R. � 74.931(b)) on [each] channel.'' However, none of the programs was designated as formal educational programming. HITN is correct that ITFS applicants are permitted to file amendments to their applications upgrading their comparative status until the ``B'' cut-off date. See PFR at 20; see also Second Report and Order, 101 FCC 2d at 74. HITN also correctly notes that the ``B'' cut-off
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  • delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau Petition to Deny filed by WorldCom Broadband Solutions, Inc. (Aug. 21, 2002) (WorldCom Petition). Petition to Deny filed by Northwest Communications, Inc. (Aug. 22, 2002) (Northwest Petition). 47 C.F.R. � 74.931. The G group channels consist of the frequencies 2644-2650 MHz, 2656-2652 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R. � 74.902(a). File No. BPIF-19830729DA. See File No. BCIF-20010709AAE. The coordinates of this site are 40�-2'-21" N. Lat 75�-14'-13" W. Long. The H-2 channel consists of the frequencies 2662-2668 MHz. See 47 C.F.R. � 21.901(b)(6). The H1 channel consists of
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  • Opinion and Order. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by Radio Training Network, Inc. and the University of Central Florida (filed Apr. 11, 2003) (Petition). 47 C.F.R. � 74.931. Id. File No. IF-20030225AAA. Wireless Telecommunications Bureau Multipoint Distribution Service and Instructional Television Fixed Service Applications Accepted for Filing, Public Notice, Report No. 1431 (rel. Mar. 5, 2003). Petition (filed Apr.11, 2003). Opposition (filed Apr.24, 2003). Reply (filed May. 6, 2003) (Reply). File No. BPIF-19910122BB (granted Dec. 3, 1991). File No. BRIF-20010622AAB (granted Dec. 3, 2001). See Mass Media Bureau
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPLIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • January 14, 2005, the Bureau issued a Notice of Return for Lamesa's renewal application indicating that the following additional information was required: Please complete Item 3b and Item 11 on FCC Form 330-R. Please amend your application to include certification that station WNC316 is operational, and an explanation of the educational programming being provided. Please refer to 47 C.F.R. Section 74.931concerning purpose and permissible service. Lamesa did not respond to the Notice of Return within 60 days. On April 4, 2005, Lamesa's application to renew its authorization for Station WNC316 was dismissed. On April 6, 2005, the Bureau released a Public Notice that indicated that the renewal application for Station WNC316 was dismissed. Metropolitan argues that the public interest would be
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  • 18 7 W. 100 NORTH COLLEGE AVENUE, TYLER, TX Antenna # 1 C/L RCAMSL 60.90 meters, Antenna # 2 C/L RCAMSL 60.90 meters, Antenna # 3 C/L RCAMSL 60.90 meters, Antenna # 4 C/L RCAMSL 60.90 meters Increase EIRP Change Upper or Lower Frequency Bandwidth Add or Change Frequency Offset Change Carrier Status Pursuant to 47 C.F.R. Section 21.903(d) or 74.931(c)(6) or (d)(6) Waiver Request File Number Applicant Channel(s) Station City & State BMPIF-20000818AEC BOWDON PUBLIC SCHOOL A4 BOWDON, ND Call Sign WLX944 (6552) Lat. 47 28 13 N. - Lon. 99 42 18 W. ADJACENT TO BOWDON PUBLIC SCHOOL, BOWDON, ND New Station Relocate a Transmitting Site or Hub Site Change Antenna Radiation Center Height Other Facilities Changes LEAD CALLSIGN:
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  • (4) In lieu of the interference analyses required by paragraphs (b)(1) and (2) of this section, an applicant may submit (a) statement(s) from the affected cochannel or adjacent channel licensee(s) that any resulting interference is acceptable. * * * * * (c) Existing licensees and prospective applicants, including those who lease or propose to lease excess capacity pursuant to � 74.931(c) or (d), are expected to cooperate fully and in good faith in attempting to resolve problems of potential interference before bringing the matter to the attention of the Commission. (d) Each authorized or previously-proposed applicant, or licensee must be protected from harmful electrical interference at each of its receive sites registered previously as of September 17, 1998, and within a
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  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
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  • which many private land mobile radio (PLMR) services frequencies are assigned to individual applicants. Although PLMR applicants have had the option to use a frequency coordinator to select their frequencies since 1958, the Commission, in 1986, required all PLMR licensees to coordinate their frequency selections with certified coordinators under Section 90.175 of the Commission's rules.105 The 99See 47 C.F.R. � 74.931(e). 100See 47 C.F.R. � 74.631(f). 101See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
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  • was executed to facilitate the provision of local programming. The first application or the first lease notification in an area filed with the Commission will be entitled to the exemption. The limitations on one MDS channel per party and per area include any cable/MDS operations grandfathered pursuant to paragraph (f) of this section or cable/ITFS operations grandfathered pursuant to � 74.931(e) of this chapter. The cable operator must demonstrate in its MDS/MMDS application that the proposed local programming will be provided within one year from the date its application is granted. Local programming service pursuant to a lease must be provided within one year of the date of the lease or one year of grant of the licensee's application for the
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  • Service in the 12.2-12.7 GHz Band, First Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 98-206, RM-9147, RM-9245, 16 FCC Rcd 4096, 4099 � 2 (2000). A significant number of MMDS operators also have access to a total of 33 6 MHz channels via leasing arrangements with Instructional Television Fixed Service licensees. See 47 C.F.R. � 74.931. See Report to Congress Pursuant to the Rural Local Broadcast Signal Act, Report, 16 FCC Rcd 578, 591 � 28 (2001). Since the 33-channel analog capacity of MMDS systems is generally not competitive with that of most cable systems, MMDS subscribership has declined. Id. In recent years, MMDS spectrum has been acquired with the intent of providing a ``last mile''
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  • of their systems to respond readily to consumer demand for their services, thus allowing the marketplace to dictate the best uses of the band.''). Through the years, the Commission has authorized various types of ``excess capacity'' leasing, such as that between Instructional Television Fixed Service (ITFS) and MMDS licensees and that involving FM subcarrier leasing. See generally 47 C.F.R. � 74.931(c), (d), and (f) (ITFS leasing); 47 C.F.R. �� 73.293, 73.295 (FM subcarrier leasing); see also Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services, Report and Order, 17 FCC Rcd 15040 (2002) (permitting private operational fixed microwave services licensees to lease reserve capacity to common carriers); 47 C.F.R. � 101.603(b)(1);
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  • channels, and do not alter their channel bandwidths or otherwise deviate from the mandated channelization scheme. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 191112, 19119-20 at � 19 (1998). See 47 C.F.R. � 74.931 (1992). 47 C.F.R. � 74.990(d) (1992). 47 C.F.R. � 74.990(a) (1992). 47 C.F.R. � 74.990 (1992). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-178 Federal Communications Commission FCC 03-178 � � � � � gdpf hpf hpf hB h> h� F � 9 [ � � � � 0 � 0 @ ``= pf L > � B
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  • Order, 48 Fed. Reg. 33873, 33875 � 9 (1983) (1983 R&O) (citing ETV Decision, 39 FCC 846, 853 � 25). Id. Id. Id. Id. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2; see also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998), recon.,
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  • Services, accessible on the Commission's web site at http://wireless.fcc.gov/auctions/06/factsheet.html. See 47 C.F.R. �� 21.902(a)(3),(4); 21.938(b)(2). 47 C.F.R. � 21.932(a). 47 C.F.R. �� 21.925(c)(4), 21.932(c). Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2. See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18,839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order,
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  • site if (1) a reception system was installed at that site on or before the date the EBS licensee receives its Pre-Transition Data Request (see discussion above); (2) the reception system was installed by or at the direction of the EBS licensee; and (3) that reception system is either actually used to receive EBS programming that comports with former Section 74.931(a)(1) of the Rules or is located at a cable television system headend and the cable system relays such EBS programming. Only EBS receive sites within the licensee's thirty-five mile radius PSA circle are eligible to receive replacement downconverters. The details of the replacement of the downconverters will occur during the Transition Planning Period, which is discussed above. The replacement downconverters
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  • C.F.R. � 1.115, the Application for Review filed by Hispanic Information and Telecommunications Network, Inc. on October 27, 2003 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Application for Review (filed Oct. 27, 2003) (AFR). HITN filed a supplement to the AFR on March 19, 2004. Supplement to Application for Review (filed Mar. 19, 2004) (Supplement). 47 C.F.R. � 74.931. Id. Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed Rulemaking, 8 FCC Rcd 1275, 1277 � 9 (1993). Id. Id. The D Group channels are located at 2554-2560 MHz (D1), 2566-2572 MHz (D2), 2578-2584 MHz (D3), and 2590-2596 MHz (D4). See 47 C.F.R. � 74.902(a).
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  • to one of its four channels and lease the remaining three channels on a twenty-four-hour basis to a wireless cable operator. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, MM Docket 93-106, Report and Order, 9 FCC Rcd 3360 � 2 (1994) (1994 R&O). See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and
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  • credit would be inappropriate, as prohibitions on permit transfers are "likely" to delay service to the public, contrary to the purpose of Section 309(j). Second Report and Order, 9 FCC Rcd at 2385. Authorized ITFS "channels must be used to transmit formal educational programming offered for credit to enrolled 243 students of accredited schools," with certain exceptions. 47 C.F.R. � 74.931(a)(1). Specifically, ITFS licensees may lease excess capacity on their channels to Multipoint Distribution Service (MDS) operators, which have generally used such excess capacity to transmit multichannel video programming to subscribers. An ITFS licensee who leases excess channel capacity to an MDS operator must still provide a total average of at least 20 hours per channel per week of ITFS programming
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  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
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  • credit would be inappropriate, as prohibitions on permit transfers are "likely" to delay service to the public, contrary to the purpose of Section 309(j). Second Report and Order, 9 FCC Rcd at 2385. Authorized ITFS "channels must be used to transmit formal educational programming offered for credit to enrolled 243 students of accredited schools," with certain exceptions. 47 C.F.R. � 74.931(a)(1). Specifically, ITFS licensees may lease excess capacity on their channels to Multipoint Distribution Service (MDS) operators, which have generally used such excess capacity to transmit multichannel video programming to subscribers. An ITFS licensee who leases excess channel capacity to an MDS operator must still provide a total average of at least 20 hours per channel per week of ITFS programming
• http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
• http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
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  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
• http://wireless.fcc.gov/services/brsebs/releases/fcc97360.doc http://wireless.fcc.gov/services/brsebs/releases/fcc97360.pdf http://wireless.fcc.gov/services/brsebs/releases/fcc97360.txt
  • would represent a fundamental shift in the review function of the Commission in this area and call for substantially increased diligence on the part of MDS and ITFS licensees in regard to tracking and monitoring the impact of applications by other parties on their own service. We note here, however, that no changes have been proposed to Sections 74.901, 74.913, 74.931 and 74.932 of our Rules which would modify the basic eligibility requirements or responsibilities of ITFS licensees. Similarly, no changes have been proposed with respect to Section 74.990 of our Rules, pertaining to the use of available ITFS frequencies by wireless cable entities and, therefore, no changes have been proposed to Section 74.990(e), governing the preferences between mutually exclusive ITFS
• http://www.fcc.gov/3G/3G_appendices.doc http://www.fcc.gov/3G/3G_appendices.pdf
  • restrict Main/Booster transmitter power output. 3. The rules do not specify maximum or minimum permissible antenna gain. Licensees may use omnidirectional antennas and/or directional antennas as needed to achieve desired area coverage. Main and Booster Stations utilize multiple directional antennas to achieve sectorized coverage of the service area as a means of achieving frequency reuse. See Rule Sections 21.906(a) (MDS), 74.931(b)(3) (ITFS) and 74.937(b) (ITFS). 4. The rules do not restrict beam tilt, either mechanical or electrical, although the details of the tilted beam pattern must be specified on the station application form. 5. The maximum permissible EIRP per 6 MHz channel is 2000 watts (33 dBW) for stations utilizing an omnidirectional antenna (i.e. no azimuthal-plane directivity). For stations using directional
• http://www.fcc.gov/3G/3gfinalreportappendices.doc http://www.fcc.gov/3G/3gfinalreportappendices.pdf
  • restrict Main/Booster transmitter power output. 3. The rules do not specify maximum or minimum permissible antenna gain. Licensees may use omnidirectional antennas and/or directional antennas as needed to achieve desired area coverage. Main and Booster Stations utilize multiple directional antennas to achieve sectorized coverage of the service area as a means of achieving frequency reuse. See Rule Sections 21.906(a) (MDS), 74.931(b)(3) (ITFS) and 74.937(b) (ITFS). 4. The rules do not restrict beam tilt, either mechanical or electrical, although the details of the tilted beam pattern must be specified on the station application form. 5. The maximum permissible EIRP per 6 MHz channel is 2000 watts (33 dBW) for stations utilizing an omnidirectional antenna (i.e. no azimuthal-plane directivity). For stations using directional
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000935.doc
  • Services, Inc. and BellSouth Wireless Cable, Inc. (collectively "BellSouth") filed a Petition for Special Relief requesting a finding of effective competition for BellSouth's cable franchises in the cities of Chamblee, Duluth, Lawrenceville, Roswell and Woodstock Georgia and in the unincorporated areas of Cherokee, Dekalb, Gwinnett and Cobb Counties, Georgia in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules regarding cable/wireless cable cross-ownership and cross-affiliation restrictions. BellSouth's petition is unopposed. . The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the bases by which a cable system will be deemed subject to effective competition is if fewer
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001074.doc
  • May 15, 2000 By the Deputy Chief, Cable Services Bureau: . BellSouth Interactive Media Services, Inc. and BellSouth Wireless Cable, Inc. (collectively "BellSouth") filed a Petition for Special Relief requesting a finding of effective competition for BellSouth's planned cable franchise planned for the unincorporated areas of Dade County, Florida in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules regarding cable/wireless cable cross-ownership and cross-affiliation restrictions. Adelphia Cable Partners, L.P. (``Adelphia'') filed an opposition, to which BellSouth replied. . The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the bases by which a cable system will be
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001085.doc
  • St. John's County, FL ) Adopted: May 15, 2000 Released: May 17, 2000 By the Deputy Chief, Cable Services Bureau: BellSouth Wireless Cable, Inc. and BellSouth Interactive Media Systems, Inc. (collectively ``BellSouth'') filed a Petition for Special Relief requesting a finding of effective competition in St. John's County, Florida in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules. No oppositions were filed. The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the basis by which a cable system will be deemed subject to effective competition is if fewer than 30% of the households in the system's
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97360.pdf
  • would represent a fundamental shift in the review function of the Commission in this area and call for substantially increased diligence on the part of MDS and ITFS licensees in regard to tracking and monitoring the impact of applications by other parties on their own service. We note here, however, that no changes have been proposed to Sections 74.901, 74.913, 74.931 and 74.932 of our Rules which would modify the basic eligibility requirements or responsibilities of ITFS licensees. Similarly, no changes have been proposed with respect to Section 74.990 of our Rules, pertaining to the use of available ITFS frequencies by wireless cable entities and, therefore, no changes have been proposed to Section 74.990(e), governing the preferences between mutually exclusive ITFS
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98231.pdf
  • We also sought comment on whether operators should be required to give the Commission notice when they are switching back and forth between common carrier and non-common carrier service, even if prior approval is not required. What little Federal Communications Commission FCC 98-231 167 See Comments of Corporation for Public Broadcasting and Gulf Coast MDS. 168 See 47 C.F.R. � 74.931. 169 47 C.F.R. � 74.931(a)(1). While ITFS programming generally is transmitted to receive sites at accredited schools, it still also may qualify to meet programming requirements under certain circumstances when delivered to enrolled students of accredited schools at businesses, homes, or any other sites. See 47 C.F.R. � 74.931(a)(2); Amendment of Part 74 of the Commission's Rules and Regulations in
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.wp
  • the unintended effect of limiting the scope of the ITFS exemption. We also agree that the same reasoning for the ITFS exemption applies to programming produced by others for ITFS licensees as to programming produced by the ITFS licensees themselves. Therefore, we amend Section 79.1(d)(7) to exempt video programming transmitted by an Instructional Television Fixed Service licensee pursuant to Sections 74.931(a), (b) or (c) of the rules. 64. General Revenue Exemption. The captioning rules include a general revenue exemption. Under this exemption, no video programming provider is required to spend any money to caption any channel of video programming producing annual gross revenues of less than $3 million during the previous calendar year.191 In addition, no video programming provider is required
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.wp
  • rules.313 Boston Ventures asserted that relaxation of the attribution rules in this way will give investors additional flexibility to structure their cable and wireless cable investments, reduce transactional costs involved in obtaining waivers, and thereby provide additional capital to the cable and wireless cable industries.314 In addition, the Wireless Association pointed out that the cable/ITFS cross-leasing rule, 47 C.F.R. � 74.931(h) and (i), is not followed by a supplemental note defining the ownership attribution standard applicable to that rule. Given this absence, the Federal Communications Commission FCC 99-207 315 Comments in response to Attribution Further Notice of Wireless Association at 10. 316 Comments in response to Attribution Further Notice of Blackstone at 2-3, citing 47 C.F.R. � 20.6(c) & (d). The
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  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
• http://www.fcc.gov/cgb/dro/captioning_regs.html
  • the 48 contiguous states may treat as exempt programming that is exempt under this paragraph when distributed in the contiguous states. (6) Interstitials, promotional announcements and public service announcements. Interstitial material, promotional announcements, and public service announcements that are 10 minutes or less in duration. (7) ITFS programming. Video programming transmitted by an Instructional Television Fixed Service licensee pursuant to 74.931(a), (b) or (c) of the rules. (8) Locally produced and distributed non-news programming with no repeat value. Programming that is locally produced by the video programming distributor, has no repeat value, is of local public interest, is not news programming, and for which the "electronic news room" technique of captioning is unavailable. (9) Programming on new networks. Programming on a
• http://www.fcc.gov/cgb/dro/exemptions_from_cc_rules.html
  • the 48 contiguous states may treat as exempt programming that is exempt under this paragraph when distributed in the contiguous states. (6) Interstitials, promotional announcements and public service announcements. Interstitial material, promotional announcements, and public service announcements that are 10 minutes or less in duration. (7) ITFS programming. Video programming transmitted by an Instructional Television Fixed Service licensee pursuant to 74.931(a), (b) or (c) of the rules. (8) Locally produced and distributed non-news programming with no repeat value. Programming that is locally produced by the video programming distributor, has no repeat value, is of local public interest, is not news programming, and for which the "electronic news room" technique of captioning is unavailable. (See 158 of [37]1997 R&O and 57-61 of
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  • for additional time to respond and grant its motion for extension of time. RCDRC filed a consolidated reply on January 31, 2003. Consolidated Reply (filed Jan. 31, 2003) (Reply). On March 17, 2003, ADNY filed a petition seeking leave to supplement its opposition, a supplement, and an amendment deleting one channel from its Oakland, New Jersey site. 47 C.F.R. � 74.931. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2184A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2184A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2184A1.txt
  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818DLA. Channels C2, C3, and C4 are located in the frequency bands 2560-2566 MHz, 2572-2578 MHz, and 2584-2590 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that can emit signal transmissions, which are received by subscriber equipment, as well as receive transmissions from
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2191A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2191A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2191A1.txt
  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818AKD. Channels D1, D2, and D3 are located in the frequency bands 2554-2560 MHz, 2566-2572 MHz, and 2578-2584 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that transmits electromagnetic signals to subscriber equipment and receives electromagnetic transmissions from subscriber equipment. See 47 C.F.R.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2355A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2355A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2355A1.txt
  • Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by KCTS Television, Inc. (filed Apr. 4, 2001) (Petition). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2747A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2747A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2747A1.txt
  • these services effective March 25, 2002. Id. Petition to Deny filed by CAI Wireless Systems, Inc. (filed Dec. 8, 1998) (Petition). Shekinah opposed the petition to deny on December 18, 1998. Opposition to Petition to Deny (filed Dec. 18, 1998) (Opposition). CAI filed a reply on December 23, 1998. Reply to Opposition (filed Dec. 23, 1998) (Reply). 47 C.F.R. � 74.931. Id. 47 C.F.R. � 74.902. Public Notice Report No. 24363A, Mass Media Bureau, Instructional Television Fixed Service: Proposed Construction Permits and Licenses (rel. Nov. 6, 1998). Petition at 2. Petition, Engineering Statement of Stephen Daugherty, Electrical Engineer, CAI Wireless Systems, Inc. Petition at 3. Opposition at 2. Reply at 47 C.F.R. � 74.903(e)(1995). File No. MBPIF-19940713DD. (...continued from previous page)
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  • the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau A fixed station operated by an educational organization and used primarily for the transmission of visual and aural instructional, cultural, and other types of educational material to one or more fixed receiving locations. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19860728DH. The G Group channels consist of the frequencies 2644-2650 MHz, 2656-2662 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2921A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2921A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2921A1.txt
  • 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed Dec. 21, 1992) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission, to Centre USD #397 (Nov 20, 1992) (Dismissal Letter). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPLIF-19911213DG. The D Group channels are located at 2554-2560 MHz, 2566-2572 MHz, 2578-2584 MHz and 2590-2596 MHz. See 47 C.F.R. �
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  • of Hispanic Information and Telecommunications Network, Inc. (filed Sept. 5, 1997) (HITN Petition). Petition to Deny of Wireless Holdings, Inc. (filed Sept. 5, 1997) (WHI Petition). WHI holds an airtime lease agreement with HITN, WLX546, at Seattle, WA. Application for New ITFS Station at Olympia, Washington, File No. BPLIF-19951020, Facility ID No. 80877 (filed Oct. 20, 1995). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19840301DF. Broadcast Actions, Report No. 42810, Public Notice (rel. Apr. 30, 1992). File No. BNPIF-19940801DR. Broadcast Actions, Report No. 43591, Public
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed January 22, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Dec 17, 1997) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed May. 11, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Apr. 3, 1998) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • ``[i]ndicate by ``F'' [for formal] those programs which are delivered to enrolled students for academic credit.'' Question 6 sets out a program grid which requires that the applicant summarize, among other things, both the ``[t]otal hours [of] formal education programming for credit for enrolled students on [each] channel'' and the ``[t]otal hours [of] other ITFS service (see 47 C.F.R. � 74.931(b)) on [each] channel.'' However, none of the programs was designated as formal educational programming. HITN is correct that ITFS applicants are permitted to file amendments to their applications upgrading their comparative status until the ``B'' cut-off date. See PFR at 20; see also Second Report and Order, 101 FCC 2d at 74. HITN also correctly notes that the ``B'' cut-off
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  • delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau Petition to Deny filed by WorldCom Broadband Solutions, Inc. (Aug. 21, 2002) (WorldCom Petition). Petition to Deny filed by Northwest Communications, Inc. (Aug. 22, 2002) (Northwest Petition). 47 C.F.R. � 74.931. The G group channels consist of the frequencies 2644-2650 MHz, 2656-2652 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R. � 74.902(a). File No. BPIF-19830729DA. See File No. BCIF-20010709AAE. The coordinates of this site are 40�-2'-21" N. Lat 75�-14'-13" W. Long. The H-2 channel consists of the frequencies 2662-2668 MHz. See 47 C.F.R. � 21.901(b)(6). The H1 channel consists of
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  • Opinion and Order. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by Radio Training Network, Inc. and the University of Central Florida (filed Apr. 11, 2003) (Petition). 47 C.F.R. � 74.931. Id. File No. IF-20030225AAA. Wireless Telecommunications Bureau Multipoint Distribution Service and Instructional Television Fixed Service Applications Accepted for Filing, Public Notice, Report No. 1431 (rel. Mar. 5, 2003). Petition (filed Apr.11, 2003). Opposition (filed Apr.24, 2003). Reply (filed May. 6, 2003) (Reply). File No. BPIF-19910122BB (granted Dec. 3, 1991). File No. BRIF-20010622AAB (granted Dec. 3, 2001). See Mass Media Bureau
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPLIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • January 14, 2005, the Bureau issued a Notice of Return for Lamesa's renewal application indicating that the following additional information was required: Please complete Item 3b and Item 11 on FCC Form 330-R. Please amend your application to include certification that station WNC316 is operational, and an explanation of the educational programming being provided. Please refer to 47 C.F.R. Section 74.931concerning purpose and permissible service. Lamesa did not respond to the Notice of Return within 60 days. On April 4, 2005, Lamesa's application to renew its authorization for Station WNC316 was dismissed. On April 6, 2005, the Bureau released a Public Notice that indicated that the renewal application for Station WNC316 was dismissed. Metropolitan argues that the public interest would be
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  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
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  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
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  • Service in the 12.2-12.7 GHz Band, First Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 98-206, RM-9147, RM-9245, 16 FCC Rcd 4096, 4099 � 2 (2000). A significant number of MMDS operators also have access to a total of 33 6 MHz channels via leasing arrangements with Instructional Television Fixed Service licensees. See 47 C.F.R. � 74.931. See Report to Congress Pursuant to the Rural Local Broadcast Signal Act, Report, 16 FCC Rcd 578, 591 � 28 (2001). Since the 33-channel analog capacity of MMDS systems is generally not competitive with that of most cable systems, MMDS subscribership has declined. Id. In recent years, MMDS spectrum has been acquired with the intent of providing a ``last mile''
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  • of their systems to respond readily to consumer demand for their services, thus allowing the marketplace to dictate the best uses of the band.''). Through the years, the Commission has authorized various types of ``excess capacity'' leasing, such as that between Instructional Television Fixed Service (ITFS) and MMDS licensees and that involving FM subcarrier leasing. See generally 47 C.F.R. � 74.931(c), (d), and (f) (ITFS leasing); 47 C.F.R. �� 73.293, 73.295 (FM subcarrier leasing); see also Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services, Report and Order, 17 FCC Rcd 15040 (2002) (permitting private operational fixed microwave services licensees to lease reserve capacity to common carriers); 47 C.F.R. � 101.603(b)(1);
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  • channels, and do not alter their channel bandwidths or otherwise deviate from the mandated channelization scheme. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 191112, 19119-20 at � 19 (1998). See 47 C.F.R. � 74.931 (1992). 47 C.F.R. � 74.990(d) (1992). 47 C.F.R. � 74.990(a) (1992). 47 C.F.R. � 74.990 (1992). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-178 Federal Communications Commission FCC 03-178 � � � � � gdpf hpf hpf hB h> h� F � 9 [ � � � � 0 � 0 @ ``= pf L > � B
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  • Order, 48 Fed. Reg. 33873, 33875 � 9 (1983) (1983 R&O) (citing ETV Decision, 39 FCC 846, 853 � 25). Id. Id. Id. Id. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2; see also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998), recon.,
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  • Services, accessible on the Commission's web site at http://wireless.fcc.gov/auctions/06/factsheet.html. See 47 C.F.R. �� 21.902(a)(3),(4); 21.938(b)(2). 47 C.F.R. � 21.932(a). 47 C.F.R. �� 21.925(c)(4), 21.932(c). Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2. See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18,839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order,
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  • C.F.R. � 1.115, the Application for Review filed by Hispanic Information and Telecommunications Network, Inc. on October 27, 2003 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Application for Review (filed Oct. 27, 2003) (AFR). HITN filed a supplement to the AFR on March 19, 2004. Supplement to Application for Review (filed Mar. 19, 2004) (Supplement). 47 C.F.R. � 74.931. Id. Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed Rulemaking, 8 FCC Rcd 1275, 1277 � 9 (1993). Id. Id. The D Group channels are located at 2554-2560 MHz (D1), 2566-2572 MHz (D2), 2578-2584 MHz (D3), and 2590-2596 MHz (D4). See 47 C.F.R. � 74.902(a).
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  • to one of its four channels and lease the remaining three channels on a twenty-four-hour basis to a wireless cable operator. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, MM Docket 93-106, Report and Order, 9 FCC Rcd 3360 � 2 (1994) (1994 R&O). See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and
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  • Wireless Cable, Inc. and BellSouth Corporation (File Nos. 50849-CM-AL(1)-97 and 50851-CM-AL(2)-97). Petition at 1, n.1. The parties also assert that the grant of this petition will assure compliance with the Commission's rules concerning ITFS-cable cross-ownership because USA Digital leases excess capacity of ITFS stations having their main transmitter within 20 miles of Park City and Laurel. See 47 C.F.R. � 74.931(h) (prohibiting ITFS-cable cross-ownership). Petition at 1, n.1. 47 U.S.C. � 543. 47 C.F.R. � 76.905(b)(2). Based upon our action herein, the parties' request for expedited action is rendered moot. See Joint Motion for Expedited Review at 3. 47 C.F.R. � 76.906. 47 C.F.R. � 76.905. 47 U.S.C. � 543(1)(1)(B); see also 47 C.F.R. � 76.905(b)(2). See MediaOne of Georgia, 12
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  • whose signals or programs are proposed to be retransmitted. The FCC, Attention: Video Division, Media Bureau, shall be notified of the call letters of each station rebroadcast, and the licensee of the low power TV or TV broadcast translator station shall certify it has obtained written consent from the licensee of the station whose programs are being retransmitted. ***** Section 74.931 is amended by revising paragraph (j) to read as follows: � 74.931 Purpose and permissible service. ***** (j) The provisions of paragraph (h) of this section will not apply to ITFS excess capacity leased directly or indirectly to cable operators or affiliates to provide locally-produced programming to cable headends. Locally-produced programming is programming produced in or near the cable operator's
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  • for additional time to respond and grant its motion for extension of time. RCDRC filed a consolidated reply on January 31, 2003. Consolidated Reply (filed Jan. 31, 2003) (Reply). On March 17, 2003, ADNY filed a petition seeking leave to supplement its opposition, a supplement, and an amendment deleting one channel from its Oakland, New Jersey site. 47 C.F.R. � 74.931. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818DLA. Channels C2, C3, and C4 are located in the frequency bands 2560-2566 MHz, 2572-2578 MHz, and 2584-2590 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that can emit signal transmissions, which are received by subscriber equipment, as well as receive transmissions from
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818AKD. Channels D1, D2, and D3 are located in the frequency bands 2554-2560 MHz, 2566-2572 MHz, and 2578-2584 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that transmits electromagnetic signals to subscriber equipment and receives electromagnetic transmissions from subscriber equipment. See 47 C.F.R.
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  • Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by KCTS Television, Inc. (filed Apr. 4, 2001) (Petition). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way
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  • these services effective March 25, 2002. Id. Petition to Deny filed by CAI Wireless Systems, Inc. (filed Dec. 8, 1998) (Petition). Shekinah opposed the petition to deny on December 18, 1998. Opposition to Petition to Deny (filed Dec. 18, 1998) (Opposition). CAI filed a reply on December 23, 1998. Reply to Opposition (filed Dec. 23, 1998) (Reply). 47 C.F.R. � 74.931. Id. 47 C.F.R. � 74.902. Public Notice Report No. 24363A, Mass Media Bureau, Instructional Television Fixed Service: Proposed Construction Permits and Licenses (rel. Nov. 6, 1998). Petition at 2. Petition, Engineering Statement of Stephen Daugherty, Electrical Engineer, CAI Wireless Systems, Inc. Petition at 3. Opposition at 2. Reply at 47 C.F.R. � 74.903(e)(1995). File No. MBPIF-19940713DD. (...continued from previous page)
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  • the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau A fixed station operated by an educational organization and used primarily for the transmission of visual and aural instructional, cultural, and other types of educational material to one or more fixed receiving locations. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19860728DH. The G Group channels consist of the frequencies 2644-2650 MHz, 2656-2662 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R.
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  • 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed Dec. 21, 1992) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission, to Centre USD #397 (Nov 20, 1992) (Dismissal Letter). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPLIF-19911213DG. The D Group channels are located at 2554-2560 MHz, 2566-2572 MHz, 2578-2584 MHz and 2590-2596 MHz. See 47 C.F.R. �
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  • of Hispanic Information and Telecommunications Network, Inc. (filed Sept. 5, 1997) (HITN Petition). Petition to Deny of Wireless Holdings, Inc. (filed Sept. 5, 1997) (WHI Petition). WHI holds an airtime lease agreement with HITN, WLX546, at Seattle, WA. Application for New ITFS Station at Olympia, Washington, File No. BPLIF-19951020, Facility ID No. 80877 (filed Oct. 20, 1995). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19840301DF. Broadcast Actions, Report No. 42810, Public Notice (rel. Apr. 30, 1992). File No. BNPIF-19940801DR. Broadcast Actions, Report No. 43591, Public
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed January 22, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Dec 17, 1997) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed May. 11, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Apr. 3, 1998) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • ``[i]ndicate by ``F'' [for formal] those programs which are delivered to enrolled students for academic credit.'' Question 6 sets out a program grid which requires that the applicant summarize, among other things, both the ``[t]otal hours [of] formal education programming for credit for enrolled students on [each] channel'' and the ``[t]otal hours [of] other ITFS service (see 47 C.F.R. � 74.931(b)) on [each] channel.'' However, none of the programs was designated as formal educational programming. HITN is correct that ITFS applicants are permitted to file amendments to their applications upgrading their comparative status until the ``B'' cut-off date. See PFR at 20; see also Second Report and Order, 101 FCC 2d at 74. HITN also correctly notes that the ``B'' cut-off
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  • delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau Petition to Deny filed by WorldCom Broadband Solutions, Inc. (Aug. 21, 2002) (WorldCom Petition). Petition to Deny filed by Northwest Communications, Inc. (Aug. 22, 2002) (Northwest Petition). 47 C.F.R. � 74.931. The G group channels consist of the frequencies 2644-2650 MHz, 2656-2652 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R. � 74.902(a). File No. BPIF-19830729DA. See File No. BCIF-20010709AAE. The coordinates of this site are 40�-2'-21" N. Lat 75�-14'-13" W. Long. The H-2 channel consists of the frequencies 2662-2668 MHz. See 47 C.F.R. � 21.901(b)(6). The H1 channel consists of
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  • Opinion and Order. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by Radio Training Network, Inc. and the University of Central Florida (filed Apr. 11, 2003) (Petition). 47 C.F.R. � 74.931. Id. File No. IF-20030225AAA. Wireless Telecommunications Bureau Multipoint Distribution Service and Instructional Television Fixed Service Applications Accepted for Filing, Public Notice, Report No. 1431 (rel. Mar. 5, 2003). Petition (filed Apr.11, 2003). Opposition (filed Apr.24, 2003). Reply (filed May. 6, 2003) (Reply). File No. BPIF-19910122BB (granted Dec. 3, 1991). File No. BRIF-20010622AAB (granted Dec. 3, 2001). See Mass Media Bureau
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPLIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • January 14, 2005, the Bureau issued a Notice of Return for Lamesa's renewal application indicating that the following additional information was required: Please complete Item 3b and Item 11 on FCC Form 330-R. Please amend your application to include certification that station WNC316 is operational, and an explanation of the educational programming being provided. Please refer to 47 C.F.R. Section 74.931concerning purpose and permissible service. Lamesa did not respond to the Notice of Return within 60 days. On April 4, 2005, Lamesa's application to renew its authorization for Station WNC316 was dismissed. On April 6, 2005, the Bureau released a Public Notice that indicated that the renewal application for Station WNC316 was dismissed. Metropolitan argues that the public interest would be
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  • 18 7 W. 100 NORTH COLLEGE AVENUE, TYLER, TX Antenna # 1 C/L RCAMSL 60.90 meters, Antenna # 2 C/L RCAMSL 60.90 meters, Antenna # 3 C/L RCAMSL 60.90 meters, Antenna # 4 C/L RCAMSL 60.90 meters Increase EIRP Change Upper or Lower Frequency Bandwidth Add or Change Frequency Offset Change Carrier Status Pursuant to 47 C.F.R. Section 21.903(d) or 74.931(c)(6) or (d)(6) Waiver Request File Number Applicant Channel(s) Station City & State BMPIF-20000818AEC BOWDON PUBLIC SCHOOL A4 BOWDON, ND Call Sign WLX944 (6552) Lat. 47 28 13 N. - Lon. 99 42 18 W. ADJACENT TO BOWDON PUBLIC SCHOOL, BOWDON, ND New Station Relocate a Transmitting Site or Hub Site Change Antenna Radiation Center Height Other Facilities Changes LEAD CALLSIGN:
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  • (4) In lieu of the interference analyses required by paragraphs (b)(1) and (2) of this section, an applicant may submit (a) statement(s) from the affected cochannel or adjacent channel licensee(s) that any resulting interference is acceptable. * * * * * (c) Existing licensees and prospective applicants, including those who lease or propose to lease excess capacity pursuant to � 74.931(c) or (d), are expected to cooperate fully and in good faith in attempting to resolve problems of potential interference before bringing the matter to the attention of the Commission. (d) Each authorized or previously-proposed applicant, or licensee must be protected from harmful electrical interference at each of its receive sites registered previously as of September 17, 1998, and within a
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  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
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  • which many private land mobile radio (PLMR) services frequencies are assigned to individual applicants. Although PLMR applicants have had the option to use a frequency coordinator to select their frequencies since 1958, the Commission, in 1986, required all PLMR licensees to coordinate their frequency selections with certified coordinators under Section 90.175 of the Commission's rules.105 The 99See 47 C.F.R. � 74.931(e). 100See 47 C.F.R. � 74.631(f). 101See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
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  • was executed to facilitate the provision of local programming. The first application or the first lease notification in an area filed with the Commission will be entitled to the exemption. The limitations on one MDS channel per party and per area include any cable/MDS operations grandfathered pursuant to paragraph (f) of this section or cable/ITFS operations grandfathered pursuant to � 74.931(e) of this chapter. The cable operator must demonstrate in its MDS/MMDS application that the proposed local programming will be provided within one year from the date its application is granted. Local programming service pursuant to a lease must be provided within one year of the date of the lease or one year of grant of the licensee's application for the
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  • Service in the 12.2-12.7 GHz Band, First Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 98-206, RM-9147, RM-9245, 16 FCC Rcd 4096, 4099 � 2 (2000). A significant number of MMDS operators also have access to a total of 33 6 MHz channels via leasing arrangements with Instructional Television Fixed Service licensees. See 47 C.F.R. � 74.931. See Report to Congress Pursuant to the Rural Local Broadcast Signal Act, Report, 16 FCC Rcd 578, 591 � 28 (2001). Since the 33-channel analog capacity of MMDS systems is generally not competitive with that of most cable systems, MMDS subscribership has declined. Id. In recent years, MMDS spectrum has been acquired with the intent of providing a ``last mile''
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  • of their systems to respond readily to consumer demand for their services, thus allowing the marketplace to dictate the best uses of the band.''). Through the years, the Commission has authorized various types of ``excess capacity'' leasing, such as that between Instructional Television Fixed Service (ITFS) and MMDS licensees and that involving FM subcarrier leasing. See generally 47 C.F.R. � 74.931(c), (d), and (f) (ITFS leasing); 47 C.F.R. �� 73.293, 73.295 (FM subcarrier leasing); see also Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services, Report and Order, 17 FCC Rcd 15040 (2002) (permitting private operational fixed microwave services licensees to lease reserve capacity to common carriers); 47 C.F.R. � 101.603(b)(1);
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  • channels, and do not alter their channel bandwidths or otherwise deviate from the mandated channelization scheme. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 191112, 19119-20 at � 19 (1998). See 47 C.F.R. � 74.931 (1992). 47 C.F.R. � 74.990(d) (1992). 47 C.F.R. � 74.990(a) (1992). 47 C.F.R. � 74.990 (1992). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-178 Federal Communications Commission FCC 03-178 � � � � � gdpf hpf hpf hB h> h� F � 9 [ � � � � 0 � 0 @ ``= pf L > � B
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  • Order, 48 Fed. Reg. 33873, 33875 � 9 (1983) (1983 R&O) (citing ETV Decision, 39 FCC 846, 853 � 25). Id. Id. Id. Id. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2; see also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998), recon.,
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  • Services, accessible on the Commission's web site at http://wireless.fcc.gov/auctions/06/factsheet.html. See 47 C.F.R. �� 21.902(a)(3),(4); 21.938(b)(2). 47 C.F.R. � 21.932(a). 47 C.F.R. �� 21.925(c)(4), 21.932(c). Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2. See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18,839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order,
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  • site if (1) a reception system was installed at that site on or before the date the EBS licensee receives its Pre-Transition Data Request (see discussion above); (2) the reception system was installed by or at the direction of the EBS licensee; and (3) that reception system is either actually used to receive EBS programming that comports with former Section 74.931(a)(1) of the Rules or is located at a cable television system headend and the cable system relays such EBS programming. Only EBS receive sites within the licensee's thirty-five mile radius PSA circle are eligible to receive replacement downconverters. The details of the replacement of the downconverters will occur during the Transition Planning Period, which is discussed above. The replacement downconverters
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  • C.F.R. � 1.115, the Application for Review filed by Hispanic Information and Telecommunications Network, Inc. on October 27, 2003 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Application for Review (filed Oct. 27, 2003) (AFR). HITN filed a supplement to the AFR on March 19, 2004. Supplement to Application for Review (filed Mar. 19, 2004) (Supplement). 47 C.F.R. � 74.931. Id. Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed Rulemaking, 8 FCC Rcd 1275, 1277 � 9 (1993). Id. Id. The D Group channels are located at 2554-2560 MHz (D1), 2566-2572 MHz (D2), 2578-2584 MHz (D3), and 2590-2596 MHz (D4). See 47 C.F.R. � 74.902(a).
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  • to one of its four channels and lease the remaining three channels on a twenty-four-hour basis to a wireless cable operator. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, MM Docket 93-106, Report and Order, 9 FCC Rcd 3360 � 2 (1994) (1994 R&O). See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and
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  • credit would be inappropriate, as prohibitions on permit transfers are "likely" to delay service to the public, contrary to the purpose of Section 309(j). Second Report and Order, 9 FCC Rcd at 2385. Authorized ITFS "channels must be used to transmit formal educational programming offered for credit to enrolled 243 students of accredited schools," with certain exceptions. 47 C.F.R. � 74.931(a)(1). Specifically, ITFS licensees may lease excess capacity on their channels to Multipoint Distribution Service (MDS) operators, which have generally used such excess capacity to transmit multichannel video programming to subscribers. An ITFS licensee who leases excess channel capacity to an MDS operator must still provide a total average of at least 20 hours per channel per week of ITFS programming
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  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
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  • credit would be inappropriate, as prohibitions on permit transfers are "likely" to delay service to the public, contrary to the purpose of Section 309(j). Second Report and Order, 9 FCC Rcd at 2385. Authorized ITFS "channels must be used to transmit formal educational programming offered for credit to enrolled 243 students of accredited schools," with certain exceptions. 47 C.F.R. � 74.931(a)(1). Specifically, ITFS licensees may lease excess capacity on their channels to Multipoint Distribution Service (MDS) operators, which have generally used such excess capacity to transmit multichannel video programming to subscribers. An ITFS licensee who leases excess channel capacity to an MDS operator must still provide a total average of at least 20 hours per channel per week of ITFS programming
• http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
• http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
• http://wireless.fcc.gov/auctions/33/releases/fc000090.doc http://wireless.fcc.gov/auctions/33/releases/fc000090.pdf http://wireless.fcc.gov/auctions/33/releases/fc000090.txt
  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
• http://wireless.fcc.gov/services/brsebs/releases/fcc97360.doc http://wireless.fcc.gov/services/brsebs/releases/fcc97360.pdf http://wireless.fcc.gov/services/brsebs/releases/fcc97360.txt
  • would represent a fundamental shift in the review function of the Commission in this area and call for substantially increased diligence on the part of MDS and ITFS licensees in regard to tracking and monitoring the impact of applications by other parties on their own service. We note here, however, that no changes have been proposed to Sections 74.901, 74.913, 74.931 and 74.932 of our Rules which would modify the basic eligibility requirements or responsibilities of ITFS licensees. Similarly, no changes have been proposed with respect to Section 74.990 of our Rules, pertaining to the use of available ITFS frequencies by wireless cable entities and, therefore, no changes have been proposed to Section 74.990(e), governing the preferences between mutually exclusive ITFS
• http://www.fcc.gov/3G/3G_appendices.doc http://www.fcc.gov/3G/3G_appendices.pdf
  • restrict Main/Booster transmitter power output. 3. The rules do not specify maximum or minimum permissible antenna gain. Licensees may use omnidirectional antennas and/or directional antennas as needed to achieve desired area coverage. Main and Booster Stations utilize multiple directional antennas to achieve sectorized coverage of the service area as a means of achieving frequency reuse. See Rule Sections 21.906(a) (MDS), 74.931(b)(3) (ITFS) and 74.937(b) (ITFS). 4. The rules do not restrict beam tilt, either mechanical or electrical, although the details of the tilted beam pattern must be specified on the station application form. 5. The maximum permissible EIRP per 6 MHz channel is 2000 watts (33 dBW) for stations utilizing an omnidirectional antenna (i.e. no azimuthal-plane directivity). For stations using directional
• http://www.fcc.gov/3G/3gfinalreportappendices.doc http://www.fcc.gov/3G/3gfinalreportappendices.pdf
  • restrict Main/Booster transmitter power output. 3. The rules do not specify maximum or minimum permissible antenna gain. Licensees may use omnidirectional antennas and/or directional antennas as needed to achieve desired area coverage. Main and Booster Stations utilize multiple directional antennas to achieve sectorized coverage of the service area as a means of achieving frequency reuse. See Rule Sections 21.906(a) (MDS), 74.931(b)(3) (ITFS) and 74.937(b) (ITFS). 4. The rules do not restrict beam tilt, either mechanical or electrical, although the details of the tilted beam pattern must be specified on the station application form. 5. The maximum permissible EIRP per 6 MHz channel is 2000 watts (33 dBW) for stations utilizing an omnidirectional antenna (i.e. no azimuthal-plane directivity). For stations using directional
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000935.doc
  • Services, Inc. and BellSouth Wireless Cable, Inc. (collectively "BellSouth") filed a Petition for Special Relief requesting a finding of effective competition for BellSouth's cable franchises in the cities of Chamblee, Duluth, Lawrenceville, Roswell and Woodstock Georgia and in the unincorporated areas of Cherokee, Dekalb, Gwinnett and Cobb Counties, Georgia in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules regarding cable/wireless cable cross-ownership and cross-affiliation restrictions. BellSouth's petition is unopposed. . The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the bases by which a cable system will be deemed subject to effective competition is if fewer
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001074.doc
  • May 15, 2000 By the Deputy Chief, Cable Services Bureau: . BellSouth Interactive Media Services, Inc. and BellSouth Wireless Cable, Inc. (collectively "BellSouth") filed a Petition for Special Relief requesting a finding of effective competition for BellSouth's planned cable franchise planned for the unincorporated areas of Dade County, Florida in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules regarding cable/wireless cable cross-ownership and cross-affiliation restrictions. Adelphia Cable Partners, L.P. (``Adelphia'') filed an opposition, to which BellSouth replied. . The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the bases by which a cable system will be
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001085.doc
  • St. John's County, FL ) Adopted: May 15, 2000 Released: May 17, 2000 By the Deputy Chief, Cable Services Bureau: BellSouth Wireless Cable, Inc. and BellSouth Interactive Media Systems, Inc. (collectively ``BellSouth'') filed a Petition for Special Relief requesting a finding of effective competition in St. John's County, Florida in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules. No oppositions were filed. The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the basis by which a cable system will be deemed subject to effective competition is if fewer than 30% of the households in the system's
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97360.pdf
  • would represent a fundamental shift in the review function of the Commission in this area and call for substantially increased diligence on the part of MDS and ITFS licensees in regard to tracking and monitoring the impact of applications by other parties on their own service. We note here, however, that no changes have been proposed to Sections 74.901, 74.913, 74.931 and 74.932 of our Rules which would modify the basic eligibility requirements or responsibilities of ITFS licensees. Similarly, no changes have been proposed with respect to Section 74.990 of our Rules, pertaining to the use of available ITFS frequencies by wireless cable entities and, therefore, no changes have been proposed to Section 74.990(e), governing the preferences between mutually exclusive ITFS
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98231.pdf
  • We also sought comment on whether operators should be required to give the Commission notice when they are switching back and forth between common carrier and non-common carrier service, even if prior approval is not required. What little Federal Communications Commission FCC 98-231 167 See Comments of Corporation for Public Broadcasting and Gulf Coast MDS. 168 See 47 C.F.R. � 74.931. 169 47 C.F.R. � 74.931(a)(1). While ITFS programming generally is transmitted to receive sites at accredited schools, it still also may qualify to meet programming requirements under certain circumstances when delivered to enrolled students of accredited schools at businesses, homes, or any other sites. See 47 C.F.R. � 74.931(a)(2); Amendment of Part 74 of the Commission's Rules and Regulations in
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  • the unintended effect of limiting the scope of the ITFS exemption. We also agree that the same reasoning for the ITFS exemption applies to programming produced by others for ITFS licensees as to programming produced by the ITFS licensees themselves. Therefore, we amend Section 79.1(d)(7) to exempt video programming transmitted by an Instructional Television Fixed Service licensee pursuant to Sections 74.931(a), (b) or (c) of the rules. 64. General Revenue Exemption. The captioning rules include a general revenue exemption. Under this exemption, no video programming provider is required to spend any money to caption any channel of video programming producing annual gross revenues of less than $3 million during the previous calendar year.191 In addition, no video programming provider is required
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.wp
  • rules.313 Boston Ventures asserted that relaxation of the attribution rules in this way will give investors additional flexibility to structure their cable and wireless cable investments, reduce transactional costs involved in obtaining waivers, and thereby provide additional capital to the cable and wireless cable industries.314 In addition, the Wireless Association pointed out that the cable/ITFS cross-leasing rule, 47 C.F.R. � 74.931(h) and (i), is not followed by a supplemental note defining the ownership attribution standard applicable to that rule. Given this absence, the Federal Communications Commission FCC 99-207 315 Comments in response to Attribution Further Notice of Wireless Association at 10. 316 Comments in response to Attribution Further Notice of Blackstone at 2-3, citing 47 C.F.R. � 20.6(c) & (d). The
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.doc http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.txt
  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
• http://www.fcc.gov/cgb/dro/captioning_regs.html
  • the 48 contiguous states may treat as exempt programming that is exempt under this paragraph when distributed in the contiguous states. (6) Interstitials, promotional announcements and public service announcements. Interstitial material, promotional announcements, and public service announcements that are 10 minutes or less in duration. (7) ITFS programming. Video programming transmitted by an Instructional Television Fixed Service licensee pursuant to 74.931(a), (b) or (c) of the rules. (8) Locally produced and distributed non-news programming with no repeat value. Programming that is locally produced by the video programming distributor, has no repeat value, is of local public interest, is not news programming, and for which the "electronic news room" technique of captioning is unavailable. (9) Programming on new networks. Programming on a
• http://www.fcc.gov/cgb/dro/exemptions_from_cc_rules.html
  • the 48 contiguous states may treat as exempt programming that is exempt under this paragraph when distributed in the contiguous states. (6) Interstitials, promotional announcements and public service announcements. Interstitial material, promotional announcements, and public service announcements that are 10 minutes or less in duration. (7) ITFS programming. Video programming transmitted by an Instructional Television Fixed Service licensee pursuant to 74.931(a), (b) or (c) of the rules. (8) Locally produced and distributed non-news programming with no repeat value. Programming that is locally produced by the video programming distributor, has no repeat value, is of local public interest, is not news programming, and for which the "electronic news room" technique of captioning is unavailable. (See 158 of [37]1997 R&O and 57-61 of
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  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-90A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-90A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-90A1.txt
  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-218A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-218A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-218A1.txt
  • Service in the 12.2-12.7 GHz Band, First Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 98-206, RM-9147, RM-9245, 16 FCC Rcd 4096, 4099 � 2 (2000). A significant number of MMDS operators also have access to a total of 33 6 MHz channels via leasing arrangements with Instructional Television Fixed Service licensees. See 47 C.F.R. � 74.931. See Report to Congress Pursuant to the Rural Local Broadcast Signal Act, Report, 16 FCC Rcd 578, 591 � 28 (2001). Since the 33-channel analog capacity of MMDS systems is generally not competitive with that of most cable systems, MMDS subscribership has declined. Id. In recent years, MMDS spectrum has been acquired with the intent of providing a ``last mile''
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.txt
  • of their systems to respond readily to consumer demand for their services, thus allowing the marketplace to dictate the best uses of the band.''). Through the years, the Commission has authorized various types of ``excess capacity'' leasing, such as that between Instructional Television Fixed Service (ITFS) and MMDS licensees and that involving FM subcarrier leasing. See generally 47 C.F.R. � 74.931(c), (d), and (f) (ITFS leasing); 47 C.F.R. �� 73.293, 73.295 (FM subcarrier leasing); see also Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services, Report and Order, 17 FCC Rcd 15040 (2002) (permitting private operational fixed microwave services licensees to lease reserve capacity to common carriers); 47 C.F.R. � 101.603(b)(1);
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-178A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-178A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-178A1.txt
  • channels, and do not alter their channel bandwidths or otherwise deviate from the mandated channelization scheme. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 191112, 19119-20 at � 19 (1998). See 47 C.F.R. � 74.931 (1992). 47 C.F.R. � 74.990(d) (1992). 47 C.F.R. � 74.990(a) (1992). 47 C.F.R. � 74.990 (1992). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-178 Federal Communications Commission FCC 03-178 � � � � � gdpf hpf hpf hB h> h� F � 9 [ � � � � 0 � 0 @ ``= pf L > � B
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-266A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-266A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-266A1.txt
  • Order, 48 Fed. Reg. 33873, 33875 � 9 (1983) (1983 R&O) (citing ETV Decision, 39 FCC 846, 853 � 25). Id. Id. Id. Id. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2; see also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998), recon.,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.txt
  • Services, accessible on the Commission's web site at http://wireless.fcc.gov/auctions/06/factsheet.html. See 47 C.F.R. �� 21.902(a)(3),(4); 21.938(b)(2). 47 C.F.R. � 21.932(a). 47 C.F.R. �� 21.925(c)(4), 21.932(c). Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2. See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18,839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-240A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-240A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-240A1.txt
  • C.F.R. � 1.115, the Application for Review filed by Hispanic Information and Telecommunications Network, Inc. on October 27, 2003 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Application for Review (filed Oct. 27, 2003) (AFR). HITN filed a supplement to the AFR on March 19, 2004. Supplement to Application for Review (filed Mar. 19, 2004) (Supplement). 47 C.F.R. � 74.931. Id. Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed Rulemaking, 8 FCC Rcd 1275, 1277 � 9 (1993). Id. Id. The D Group channels are located at 2554-2560 MHz (D1), 2566-2572 MHz (D2), 2578-2584 MHz (D3), and 2590-2596 MHz (D4). See 47 C.F.R. � 74.902(a).
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.txt
  • to one of its four channels and lease the remaining three channels on a twenty-four-hour basis to a wireless cable operator. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, MM Docket 93-106, Report and Order, 9 FCC Rcd 3360 � 2 (1994) (1994 R&O). See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2093A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2093A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2093A1.txt
  • Wireless Cable, Inc. and BellSouth Corporation (File Nos. 50849-CM-AL(1)-97 and 50851-CM-AL(2)-97). Petition at 1, n.1. The parties also assert that the grant of this petition will assure compliance with the Commission's rules concerning ITFS-cable cross-ownership because USA Digital leases excess capacity of ITFS stations having their main transmitter within 20 miles of Park City and Laurel. See 47 C.F.R. � 74.931(h) (prohibiting ITFS-cable cross-ownership). Petition at 1, n.1. 47 U.S.C. � 543. 47 C.F.R. � 76.905(b)(2). Based upon our action herein, the parties' request for expedited action is rendered moot. See Joint Motion for Expedited Review at 3. 47 C.F.R. � 76.906. 47 C.F.R. � 76.905. 47 U.S.C. � 543(1)(1)(B); see also 47 C.F.R. � 76.905(b)(2). See MediaOne of Georgia, 12
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-577A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-577A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-577A1.txt
  • whose signals or programs are proposed to be retransmitted. The FCC, Attention: Video Division, Media Bureau, shall be notified of the call letters of each station rebroadcast, and the licensee of the low power TV or TV broadcast translator station shall certify it has obtained written consent from the licensee of the station whose programs are being retransmitted. ***** Section 74.931 is amended by revising paragraph (j) to read as follows: � 74.931 Purpose and permissible service. ***** (j) The provisions of paragraph (h) of this section will not apply to ITFS excess capacity leased directly or indirectly to cable operators or affiliates to provide locally-produced programming to cable headends. Locally-produced programming is programming produced in or near the cable operator's
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  • for additional time to respond and grant its motion for extension of time. RCDRC filed a consolidated reply on January 31, 2003. Consolidated Reply (filed Jan. 31, 2003) (Reply). On March 17, 2003, ADNY filed a petition seeking leave to supplement its opposition, a supplement, and an amendment deleting one channel from its Oakland, New Jersey site. 47 C.F.R. � 74.931. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818DLA. Channels C2, C3, and C4 are located in the frequency bands 2560-2566 MHz, 2572-2578 MHz, and 2584-2590 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that can emit signal transmissions, which are received by subscriber equipment, as well as receive transmissions from
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818AKD. Channels D1, D2, and D3 are located in the frequency bands 2554-2560 MHz, 2566-2572 MHz, and 2578-2584 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that transmits electromagnetic signals to subscriber equipment and receives electromagnetic transmissions from subscriber equipment. See 47 C.F.R.
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  • Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by KCTS Television, Inc. (filed Apr. 4, 2001) (Petition). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way
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  • these services effective March 25, 2002. Id. Petition to Deny filed by CAI Wireless Systems, Inc. (filed Dec. 8, 1998) (Petition). Shekinah opposed the petition to deny on December 18, 1998. Opposition to Petition to Deny (filed Dec. 18, 1998) (Opposition). CAI filed a reply on December 23, 1998. Reply to Opposition (filed Dec. 23, 1998) (Reply). 47 C.F.R. � 74.931. Id. 47 C.F.R. � 74.902. Public Notice Report No. 24363A, Mass Media Bureau, Instructional Television Fixed Service: Proposed Construction Permits and Licenses (rel. Nov. 6, 1998). Petition at 2. Petition, Engineering Statement of Stephen Daugherty, Electrical Engineer, CAI Wireless Systems, Inc. Petition at 3. Opposition at 2. Reply at 47 C.F.R. � 74.903(e)(1995). File No. MBPIF-19940713DD. (...continued from previous page)
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  • the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau A fixed station operated by an educational organization and used primarily for the transmission of visual and aural instructional, cultural, and other types of educational material to one or more fixed receiving locations. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19860728DH. The G Group channels consist of the frequencies 2644-2650 MHz, 2656-2662 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R.
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  • 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed Dec. 21, 1992) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission, to Centre USD #397 (Nov 20, 1992) (Dismissal Letter). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPLIF-19911213DG. The D Group channels are located at 2554-2560 MHz, 2566-2572 MHz, 2578-2584 MHz and 2590-2596 MHz. See 47 C.F.R. �
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  • of Hispanic Information and Telecommunications Network, Inc. (filed Sept. 5, 1997) (HITN Petition). Petition to Deny of Wireless Holdings, Inc. (filed Sept. 5, 1997) (WHI Petition). WHI holds an airtime lease agreement with HITN, WLX546, at Seattle, WA. Application for New ITFS Station at Olympia, Washington, File No. BPLIF-19951020, Facility ID No. 80877 (filed Oct. 20, 1995). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19840301DF. Broadcast Actions, Report No. 42810, Public Notice (rel. Apr. 30, 1992). File No. BNPIF-19940801DR. Broadcast Actions, Report No. 43591, Public
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed January 22, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Dec 17, 1997) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed May. 11, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Apr. 3, 1998) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • ``[i]ndicate by ``F'' [for formal] those programs which are delivered to enrolled students for academic credit.'' Question 6 sets out a program grid which requires that the applicant summarize, among other things, both the ``[t]otal hours [of] formal education programming for credit for enrolled students on [each] channel'' and the ``[t]otal hours [of] other ITFS service (see 47 C.F.R. � 74.931(b)) on [each] channel.'' However, none of the programs was designated as formal educational programming. HITN is correct that ITFS applicants are permitted to file amendments to their applications upgrading their comparative status until the ``B'' cut-off date. See PFR at 20; see also Second Report and Order, 101 FCC 2d at 74. HITN also correctly notes that the ``B'' cut-off
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  • delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau Petition to Deny filed by WorldCom Broadband Solutions, Inc. (Aug. 21, 2002) (WorldCom Petition). Petition to Deny filed by Northwest Communications, Inc. (Aug. 22, 2002) (Northwest Petition). 47 C.F.R. � 74.931. The G group channels consist of the frequencies 2644-2650 MHz, 2656-2652 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R. � 74.902(a). File No. BPIF-19830729DA. See File No. BCIF-20010709AAE. The coordinates of this site are 40�-2'-21" N. Lat 75�-14'-13" W. Long. The H-2 channel consists of the frequencies 2662-2668 MHz. See 47 C.F.R. � 21.901(b)(6). The H1 channel consists of
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  • Opinion and Order. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by Radio Training Network, Inc. and the University of Central Florida (filed Apr. 11, 2003) (Petition). 47 C.F.R. � 74.931. Id. File No. IF-20030225AAA. Wireless Telecommunications Bureau Multipoint Distribution Service and Instructional Television Fixed Service Applications Accepted for Filing, Public Notice, Report No. 1431 (rel. Mar. 5, 2003). Petition (filed Apr.11, 2003). Opposition (filed Apr.24, 2003). Reply (filed May. 6, 2003) (Reply). File No. BPIF-19910122BB (granted Dec. 3, 1991). File No. BRIF-20010622AAB (granted Dec. 3, 2001). See Mass Media Bureau
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPLIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • January 14, 2005, the Bureau issued a Notice of Return for Lamesa's renewal application indicating that the following additional information was required: Please complete Item 3b and Item 11 on FCC Form 330-R. Please amend your application to include certification that station WNC316 is operational, and an explanation of the educational programming being provided. Please refer to 47 C.F.R. Section 74.931concerning purpose and permissible service. Lamesa did not respond to the Notice of Return within 60 days. On April 4, 2005, Lamesa's application to renew its authorization for Station WNC316 was dismissed. On April 6, 2005, the Bureau released a Public Notice that indicated that the renewal application for Station WNC316 was dismissed. Metropolitan argues that the public interest would be
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  • 18 7 W. 100 NORTH COLLEGE AVENUE, TYLER, TX Antenna # 1 C/L RCAMSL 60.90 meters, Antenna # 2 C/L RCAMSL 60.90 meters, Antenna # 3 C/L RCAMSL 60.90 meters, Antenna # 4 C/L RCAMSL 60.90 meters Increase EIRP Change Upper or Lower Frequency Bandwidth Add or Change Frequency Offset Change Carrier Status Pursuant to 47 C.F.R. Section 21.903(d) or 74.931(c)(6) or (d)(6) Waiver Request File Number Applicant Channel(s) Station City & State BMPIF-20000818AEC BOWDON PUBLIC SCHOOL A4 BOWDON, ND Call Sign WLX944 (6552) Lat. 47 28 13 N. - Lon. 99 42 18 W. ADJACENT TO BOWDON PUBLIC SCHOOL, BOWDON, ND New Station Relocate a Transmitting Site or Hub Site Change Antenna Radiation Center Height Other Facilities Changes LEAD CALLSIGN:
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  • (4) In lieu of the interference analyses required by paragraphs (b)(1) and (2) of this section, an applicant may submit (a) statement(s) from the affected cochannel or adjacent channel licensee(s) that any resulting interference is acceptable. * * * * * (c) Existing licensees and prospective applicants, including those who lease or propose to lease excess capacity pursuant to � 74.931(c) or (d), are expected to cooperate fully and in good faith in attempting to resolve problems of potential interference before bringing the matter to the attention of the Commission. (d) Each authorized or previously-proposed applicant, or licensee must be protected from harmful electrical interference at each of its receive sites registered previously as of September 17, 1998, and within a
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  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
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  • which many private land mobile radio (PLMR) services frequencies are assigned to individual applicants. Although PLMR applicants have had the option to use a frequency coordinator to select their frequencies since 1958, the Commission, in 1986, required all PLMR licensees to coordinate their frequency selections with certified coordinators under Section 90.175 of the Commission's rules.105 The 99See 47 C.F.R. � 74.931(e). 100See 47 C.F.R. � 74.631(f). 101See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
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  • was executed to facilitate the provision of local programming. The first application or the first lease notification in an area filed with the Commission will be entitled to the exemption. The limitations on one MDS channel per party and per area include any cable/MDS operations grandfathered pursuant to paragraph (f) of this section or cable/ITFS operations grandfathered pursuant to � 74.931(e) of this chapter. The cable operator must demonstrate in its MDS/MMDS application that the proposed local programming will be provided within one year from the date its application is granted. Local programming service pursuant to a lease must be provided within one year of the date of the lease or one year of grant of the licensee's application for the
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  • Service in the 12.2-12.7 GHz Band, First Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 98-206, RM-9147, RM-9245, 16 FCC Rcd 4096, 4099 � 2 (2000). A significant number of MMDS operators also have access to a total of 33 6 MHz channels via leasing arrangements with Instructional Television Fixed Service licensees. See 47 C.F.R. � 74.931. See Report to Congress Pursuant to the Rural Local Broadcast Signal Act, Report, 16 FCC Rcd 578, 591 � 28 (2001). Since the 33-channel analog capacity of MMDS systems is generally not competitive with that of most cable systems, MMDS subscribership has declined. Id. In recent years, MMDS spectrum has been acquired with the intent of providing a ``last mile''
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  • of their systems to respond readily to consumer demand for their services, thus allowing the marketplace to dictate the best uses of the band.''). Through the years, the Commission has authorized various types of ``excess capacity'' leasing, such as that between Instructional Television Fixed Service (ITFS) and MMDS licensees and that involving FM subcarrier leasing. See generally 47 C.F.R. � 74.931(c), (d), and (f) (ITFS leasing); 47 C.F.R. �� 73.293, 73.295 (FM subcarrier leasing); see also Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services, Report and Order, 17 FCC Rcd 15040 (2002) (permitting private operational fixed microwave services licensees to lease reserve capacity to common carriers); 47 C.F.R. � 101.603(b)(1);
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  • channels, and do not alter their channel bandwidths or otherwise deviate from the mandated channelization scheme. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 191112, 19119-20 at � 19 (1998). See 47 C.F.R. � 74.931 (1992). 47 C.F.R. � 74.990(d) (1992). 47 C.F.R. � 74.990(a) (1992). 47 C.F.R. � 74.990 (1992). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-178 Federal Communications Commission FCC 03-178 � � � � � gdpf hpf hpf hB h> h� F � 9 [ � � � � 0 � 0 @ ``= pf L > � B
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  • Order, 48 Fed. Reg. 33873, 33875 � 9 (1983) (1983 R&O) (citing ETV Decision, 39 FCC 846, 853 � 25). Id. Id. Id. Id. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2; see also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998), recon.,
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  • Services, accessible on the Commission's web site at http://wireless.fcc.gov/auctions/06/factsheet.html. See 47 C.F.R. �� 21.902(a)(3),(4); 21.938(b)(2). 47 C.F.R. � 21.932(a). 47 C.F.R. �� 21.925(c)(4), 21.932(c). Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2. See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18,839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.txt
  • site if (1) a reception system was installed at that site on or before the date the EBS licensee receives its Pre-Transition Data Request (see discussion above); (2) the reception system was installed by or at the direction of the EBS licensee; and (3) that reception system is either actually used to receive EBS programming that comports with former Section 74.931(a)(1) of the Rules or is located at a cable television system headend and the cable system relays such EBS programming. Only EBS receive sites within the licensee's thirty-five mile radius PSA circle are eligible to receive replacement downconverters. The details of the replacement of the downconverters will occur during the Transition Planning Period, which is discussed above. The replacement downconverters
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-240A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-240A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-240A1.txt
  • C.F.R. � 1.115, the Application for Review filed by Hispanic Information and Telecommunications Network, Inc. on October 27, 2003 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Application for Review (filed Oct. 27, 2003) (AFR). HITN filed a supplement to the AFR on March 19, 2004. Supplement to Application for Review (filed Mar. 19, 2004) (Supplement). 47 C.F.R. � 74.931. Id. Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed Rulemaking, 8 FCC Rcd 1275, 1277 � 9 (1993). Id. Id. The D Group channels are located at 2554-2560 MHz (D1), 2566-2572 MHz (D2), 2578-2584 MHz (D3), and 2590-2596 MHz (D4). See 47 C.F.R. � 74.902(a).
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  • to one of its four channels and lease the remaining three channels on a twenty-four-hour basis to a wireless cable operator. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, MM Docket 93-106, Report and Order, 9 FCC Rcd 3360 � 2 (1994) (1994 R&O). See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • credit would be inappropriate, as prohibitions on permit transfers are "likely" to delay service to the public, contrary to the purpose of Section 309(j). Second Report and Order, 9 FCC Rcd at 2385. Authorized ITFS "channels must be used to transmit formal educational programming offered for credit to enrolled 243 students of accredited schools," with certain exceptions. 47 C.F.R. � 74.931(a)(1). Specifically, ITFS licensees may lease excess capacity on their channels to Multipoint Distribution Service (MDS) operators, which have generally used such excess capacity to transmit multichannel video programming to subscribers. An ITFS licensee who leases excess channel capacity to an MDS operator must still provide a total average of at least 20 hours per channel per week of ITFS programming
• http://wireless.fcc.gov/auctions/25/releases/fc990074.pdf http://wireless.fcc.gov/auctions/25/releases/fc990074.txt http://wireless.fcc.gov/auctions/25/releases/fc990074.wp
  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
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  • credit would be inappropriate, as prohibitions on permit transfers are "likely" to delay service to the public, contrary to the purpose of Section 309(j). Second Report and Order, 9 FCC Rcd at 2385. Authorized ITFS "channels must be used to transmit formal educational programming offered for credit to enrolled 243 students of accredited schools," with certain exceptions. 47 C.F.R. � 74.931(a)(1). Specifically, ITFS licensees may lease excess capacity on their channels to Multipoint Distribution Service (MDS) operators, which have generally used such excess capacity to transmit multichannel video programming to subscribers. An ITFS licensee who leases excess channel capacity to an MDS operator must still provide a total average of at least 20 hours per channel per week of ITFS programming
• http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
• http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
• http://wireless.fcc.gov/auctions/33/releases/fc000090.doc http://wireless.fcc.gov/auctions/33/releases/fc000090.pdf http://wireless.fcc.gov/auctions/33/releases/fc000090.txt
  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
• http://wireless.fcc.gov/services/brsebs/releases/fcc97360.doc http://wireless.fcc.gov/services/brsebs/releases/fcc97360.pdf http://wireless.fcc.gov/services/brsebs/releases/fcc97360.txt
  • would represent a fundamental shift in the review function of the Commission in this area and call for substantially increased diligence on the part of MDS and ITFS licensees in regard to tracking and monitoring the impact of applications by other parties on their own service. We note here, however, that no changes have been proposed to Sections 74.901, 74.913, 74.931 and 74.932 of our Rules which would modify the basic eligibility requirements or responsibilities of ITFS licensees. Similarly, no changes have been proposed with respect to Section 74.990 of our Rules, pertaining to the use of available ITFS frequencies by wireless cable entities and, therefore, no changes have been proposed to Section 74.990(e), governing the preferences between mutually exclusive ITFS
• http://www.fcc.gov/3G/3G_appendices.doc http://www.fcc.gov/3G/3G_appendices.pdf
  • restrict Main/Booster transmitter power output. 3. The rules do not specify maximum or minimum permissible antenna gain. Licensees may use omnidirectional antennas and/or directional antennas as needed to achieve desired area coverage. Main and Booster Stations utilize multiple directional antennas to achieve sectorized coverage of the service area as a means of achieving frequency reuse. See Rule Sections 21.906(a) (MDS), 74.931(b)(3) (ITFS) and 74.937(b) (ITFS). 4. The rules do not restrict beam tilt, either mechanical or electrical, although the details of the tilted beam pattern must be specified on the station application form. 5. The maximum permissible EIRP per 6 MHz channel is 2000 watts (33 dBW) for stations utilizing an omnidirectional antenna (i.e. no azimuthal-plane directivity). For stations using directional
• http://www.fcc.gov/3G/3gfinalreportappendices.doc http://www.fcc.gov/3G/3gfinalreportappendices.pdf
  • restrict Main/Booster transmitter power output. 3. The rules do not specify maximum or minimum permissible antenna gain. Licensees may use omnidirectional antennas and/or directional antennas as needed to achieve desired area coverage. Main and Booster Stations utilize multiple directional antennas to achieve sectorized coverage of the service area as a means of achieving frequency reuse. See Rule Sections 21.906(a) (MDS), 74.931(b)(3) (ITFS) and 74.937(b) (ITFS). 4. The rules do not restrict beam tilt, either mechanical or electrical, although the details of the tilted beam pattern must be specified on the station application form. 5. The maximum permissible EIRP per 6 MHz channel is 2000 watts (33 dBW) for stations utilizing an omnidirectional antenna (i.e. no azimuthal-plane directivity). For stations using directional
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000935.doc
  • Services, Inc. and BellSouth Wireless Cable, Inc. (collectively "BellSouth") filed a Petition for Special Relief requesting a finding of effective competition for BellSouth's cable franchises in the cities of Chamblee, Duluth, Lawrenceville, Roswell and Woodstock Georgia and in the unincorporated areas of Cherokee, Dekalb, Gwinnett and Cobb Counties, Georgia in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules regarding cable/wireless cable cross-ownership and cross-affiliation restrictions. BellSouth's petition is unopposed. . The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the bases by which a cable system will be deemed subject to effective competition is if fewer
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001074.doc
  • May 15, 2000 By the Deputy Chief, Cable Services Bureau: . BellSouth Interactive Media Services, Inc. and BellSouth Wireless Cable, Inc. (collectively "BellSouth") filed a Petition for Special Relief requesting a finding of effective competition for BellSouth's planned cable franchise planned for the unincorporated areas of Dade County, Florida in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules regarding cable/wireless cable cross-ownership and cross-affiliation restrictions. Adelphia Cable Partners, L.P. (``Adelphia'') filed an opposition, to which BellSouth replied. . The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the bases by which a cable system will be
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001085.doc
  • St. John's County, FL ) Adopted: May 15, 2000 Released: May 17, 2000 By the Deputy Chief, Cable Services Bureau: BellSouth Wireless Cable, Inc. and BellSouth Interactive Media Systems, Inc. (collectively ``BellSouth'') filed a Petition for Special Relief requesting a finding of effective competition in St. John's County, Florida in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules. No oppositions were filed. The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the basis by which a cable system will be deemed subject to effective competition is if fewer than 30% of the households in the system's
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97360.pdf
  • would represent a fundamental shift in the review function of the Commission in this area and call for substantially increased diligence on the part of MDS and ITFS licensees in regard to tracking and monitoring the impact of applications by other parties on their own service. We note here, however, that no changes have been proposed to Sections 74.901, 74.913, 74.931 and 74.932 of our Rules which would modify the basic eligibility requirements or responsibilities of ITFS licensees. Similarly, no changes have been proposed with respect to Section 74.990 of our Rules, pertaining to the use of available ITFS frequencies by wireless cable entities and, therefore, no changes have been proposed to Section 74.990(e), governing the preferences between mutually exclusive ITFS
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98231.pdf
  • We also sought comment on whether operators should be required to give the Commission notice when they are switching back and forth between common carrier and non-common carrier service, even if prior approval is not required. What little Federal Communications Commission FCC 98-231 167 See Comments of Corporation for Public Broadcasting and Gulf Coast MDS. 168 See 47 C.F.R. � 74.931. 169 47 C.F.R. � 74.931(a)(1). While ITFS programming generally is transmitted to receive sites at accredited schools, it still also may qualify to meet programming requirements under certain circumstances when delivered to enrolled students of accredited schools at businesses, homes, or any other sites. See 47 C.F.R. � 74.931(a)(2); Amendment of Part 74 of the Commission's Rules and Regulations in
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.wp
  • the unintended effect of limiting the scope of the ITFS exemption. We also agree that the same reasoning for the ITFS exemption applies to programming produced by others for ITFS licensees as to programming produced by the ITFS licensees themselves. Therefore, we amend Section 79.1(d)(7) to exempt video programming transmitted by an Instructional Television Fixed Service licensee pursuant to Sections 74.931(a), (b) or (c) of the rules. 64. General Revenue Exemption. The captioning rules include a general revenue exemption. Under this exemption, no video programming provider is required to spend any money to caption any channel of video programming producing annual gross revenues of less than $3 million during the previous calendar year.191 In addition, no video programming provider is required
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.wp
  • rules.313 Boston Ventures asserted that relaxation of the attribution rules in this way will give investors additional flexibility to structure their cable and wireless cable investments, reduce transactional costs involved in obtaining waivers, and thereby provide additional capital to the cable and wireless cable industries.314 In addition, the Wireless Association pointed out that the cable/ITFS cross-leasing rule, 47 C.F.R. � 74.931(h) and (i), is not followed by a supplemental note defining the ownership attribution standard applicable to that rule. Given this absence, the Federal Communications Commission FCC 99-207 315 Comments in response to Attribution Further Notice of Wireless Association at 10. 316 Comments in response to Attribution Further Notice of Blackstone at 2-3, citing 47 C.F.R. � 20.6(c) & (d). The
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.doc http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.txt
  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
• http://www.fcc.gov/cgb/dro/captioning_regs.html
  • the 48 contiguous states may treat as exempt programming that is exempt under this paragraph when distributed in the contiguous states. (6) Interstitials, promotional announcements and public service announcements. Interstitial material, promotional announcements, and public service announcements that are 10 minutes or less in duration. (7) ITFS programming. Video programming transmitted by an Instructional Television Fixed Service licensee pursuant to 74.931(a), (b) or (c) of the rules. (8) Locally produced and distributed non-news programming with no repeat value. Programming that is locally produced by the video programming distributor, has no repeat value, is of local public interest, is not news programming, and for which the "electronic news room" technique of captioning is unavailable. (9) Programming on new networks. Programming on a
• http://www.fcc.gov/cgb/dro/exemptions_from_cc_rules.html
  • the 48 contiguous states may treat as exempt programming that is exempt under this paragraph when distributed in the contiguous states. (6) Interstitials, promotional announcements and public service announcements. Interstitial material, promotional announcements, and public service announcements that are 10 minutes or less in duration. (7) ITFS programming. Video programming transmitted by an Instructional Television Fixed Service licensee pursuant to 74.931(a), (b) or (c) of the rules. (8) Locally produced and distributed non-news programming with no repeat value. Programming that is locally produced by the video programming distributor, has no repeat value, is of local public interest, is not news programming, and for which the "electronic news room" technique of captioning is unavailable. (See 158 of [37]1997 R&O and 57-61 of
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  • for additional time to respond and grant its motion for extension of time. RCDRC filed a consolidated reply on January 31, 2003. Consolidated Reply (filed Jan. 31, 2003) (Reply). On March 17, 2003, ADNY filed a petition seeking leave to supplement its opposition, a supplement, and an amendment deleting one channel from its Oakland, New Jersey site. 47 C.F.R. � 74.931. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2184A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2184A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2184A1.txt
  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818DLA. Channels C2, C3, and C4 are located in the frequency bands 2560-2566 MHz, 2572-2578 MHz, and 2584-2590 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that can emit signal transmissions, which are received by subscriber equipment, as well as receive transmissions from
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2191A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2191A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2191A1.txt
  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818AKD. Channels D1, D2, and D3 are located in the frequency bands 2554-2560 MHz, 2566-2572 MHz, and 2578-2584 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that transmits electromagnetic signals to subscriber equipment and receives electromagnetic transmissions from subscriber equipment. See 47 C.F.R.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2355A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2355A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2355A1.txt
  • Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by KCTS Television, Inc. (filed Apr. 4, 2001) (Petition). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2747A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2747A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2747A1.txt
  • these services effective March 25, 2002. Id. Petition to Deny filed by CAI Wireless Systems, Inc. (filed Dec. 8, 1998) (Petition). Shekinah opposed the petition to deny on December 18, 1998. Opposition to Petition to Deny (filed Dec. 18, 1998) (Opposition). CAI filed a reply on December 23, 1998. Reply to Opposition (filed Dec. 23, 1998) (Reply). 47 C.F.R. � 74.931. Id. 47 C.F.R. � 74.902. Public Notice Report No. 24363A, Mass Media Bureau, Instructional Television Fixed Service: Proposed Construction Permits and Licenses (rel. Nov. 6, 1998). Petition at 2. Petition, Engineering Statement of Stephen Daugherty, Electrical Engineer, CAI Wireless Systems, Inc. Petition at 3. Opposition at 2. Reply at 47 C.F.R. � 74.903(e)(1995). File No. MBPIF-19940713DD. (...continued from previous page)
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  • the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau A fixed station operated by an educational organization and used primarily for the transmission of visual and aural instructional, cultural, and other types of educational material to one or more fixed receiving locations. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19860728DH. The G Group channels consist of the frequencies 2644-2650 MHz, 2656-2662 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R.
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  • 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed Dec. 21, 1992) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission, to Centre USD #397 (Nov 20, 1992) (Dismissal Letter). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPLIF-19911213DG. The D Group channels are located at 2554-2560 MHz, 2566-2572 MHz, 2578-2584 MHz and 2590-2596 MHz. See 47 C.F.R. �
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  • of Hispanic Information and Telecommunications Network, Inc. (filed Sept. 5, 1997) (HITN Petition). Petition to Deny of Wireless Holdings, Inc. (filed Sept. 5, 1997) (WHI Petition). WHI holds an airtime lease agreement with HITN, WLX546, at Seattle, WA. Application for New ITFS Station at Olympia, Washington, File No. BPLIF-19951020, Facility ID No. 80877 (filed Oct. 20, 1995). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19840301DF. Broadcast Actions, Report No. 42810, Public Notice (rel. Apr. 30, 1992). File No. BNPIF-19940801DR. Broadcast Actions, Report No. 43591, Public
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed January 22, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Dec 17, 1997) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed May. 11, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Apr. 3, 1998) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • ``[i]ndicate by ``F'' [for formal] those programs which are delivered to enrolled students for academic credit.'' Question 6 sets out a program grid which requires that the applicant summarize, among other things, both the ``[t]otal hours [of] formal education programming for credit for enrolled students on [each] channel'' and the ``[t]otal hours [of] other ITFS service (see 47 C.F.R. � 74.931(b)) on [each] channel.'' However, none of the programs was designated as formal educational programming. HITN is correct that ITFS applicants are permitted to file amendments to their applications upgrading their comparative status until the ``B'' cut-off date. See PFR at 20; see also Second Report and Order, 101 FCC 2d at 74. HITN also correctly notes that the ``B'' cut-off
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  • delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau Petition to Deny filed by WorldCom Broadband Solutions, Inc. (Aug. 21, 2002) (WorldCom Petition). Petition to Deny filed by Northwest Communications, Inc. (Aug. 22, 2002) (Northwest Petition). 47 C.F.R. � 74.931. The G group channels consist of the frequencies 2644-2650 MHz, 2656-2652 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R. � 74.902(a). File No. BPIF-19830729DA. See File No. BCIF-20010709AAE. The coordinates of this site are 40�-2'-21" N. Lat 75�-14'-13" W. Long. The H-2 channel consists of the frequencies 2662-2668 MHz. See 47 C.F.R. � 21.901(b)(6). The H1 channel consists of
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  • Opinion and Order. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by Radio Training Network, Inc. and the University of Central Florida (filed Apr. 11, 2003) (Petition). 47 C.F.R. � 74.931. Id. File No. IF-20030225AAA. Wireless Telecommunications Bureau Multipoint Distribution Service and Instructional Television Fixed Service Applications Accepted for Filing, Public Notice, Report No. 1431 (rel. Mar. 5, 2003). Petition (filed Apr.11, 2003). Opposition (filed Apr.24, 2003). Reply (filed May. 6, 2003) (Reply). File No. BPIF-19910122BB (granted Dec. 3, 1991). File No. BRIF-20010622AAB (granted Dec. 3, 2001). See Mass Media Bureau
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPLIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • January 14, 2005, the Bureau issued a Notice of Return for Lamesa's renewal application indicating that the following additional information was required: Please complete Item 3b and Item 11 on FCC Form 330-R. Please amend your application to include certification that station WNC316 is operational, and an explanation of the educational programming being provided. Please refer to 47 C.F.R. Section 74.931concerning purpose and permissible service. Lamesa did not respond to the Notice of Return within 60 days. On April 4, 2005, Lamesa's application to renew its authorization for Station WNC316 was dismissed. On April 6, 2005, the Bureau released a Public Notice that indicated that the renewal application for Station WNC316 was dismissed. Metropolitan argues that the public interest would be
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  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
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  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
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  • Service in the 12.2-12.7 GHz Band, First Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 98-206, RM-9147, RM-9245, 16 FCC Rcd 4096, 4099 � 2 (2000). A significant number of MMDS operators also have access to a total of 33 6 MHz channels via leasing arrangements with Instructional Television Fixed Service licensees. See 47 C.F.R. � 74.931. See Report to Congress Pursuant to the Rural Local Broadcast Signal Act, Report, 16 FCC Rcd 578, 591 � 28 (2001). Since the 33-channel analog capacity of MMDS systems is generally not competitive with that of most cable systems, MMDS subscribership has declined. Id. In recent years, MMDS spectrum has been acquired with the intent of providing a ``last mile''
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  • of their systems to respond readily to consumer demand for their services, thus allowing the marketplace to dictate the best uses of the band.''). Through the years, the Commission has authorized various types of ``excess capacity'' leasing, such as that between Instructional Television Fixed Service (ITFS) and MMDS licensees and that involving FM subcarrier leasing. See generally 47 C.F.R. � 74.931(c), (d), and (f) (ITFS leasing); 47 C.F.R. �� 73.293, 73.295 (FM subcarrier leasing); see also Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services, Report and Order, 17 FCC Rcd 15040 (2002) (permitting private operational fixed microwave services licensees to lease reserve capacity to common carriers); 47 C.F.R. � 101.603(b)(1);
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  • channels, and do not alter their channel bandwidths or otherwise deviate from the mandated channelization scheme. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 191112, 19119-20 at � 19 (1998). See 47 C.F.R. � 74.931 (1992). 47 C.F.R. � 74.990(d) (1992). 47 C.F.R. � 74.990(a) (1992). 47 C.F.R. � 74.990 (1992). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-178 Federal Communications Commission FCC 03-178 � � � � � gdpf hpf hpf hB h> h� F � 9 [ � � � � 0 � 0 @ ``= pf L > � B
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  • Order, 48 Fed. Reg. 33873, 33875 � 9 (1983) (1983 R&O) (citing ETV Decision, 39 FCC 846, 853 � 25). Id. Id. Id. Id. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2; see also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998), recon.,
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  • Services, accessible on the Commission's web site at http://wireless.fcc.gov/auctions/06/factsheet.html. See 47 C.F.R. �� 21.902(a)(3),(4); 21.938(b)(2). 47 C.F.R. � 21.932(a). 47 C.F.R. �� 21.925(c)(4), 21.932(c). Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2. See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18,839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order,
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  • C.F.R. � 1.115, the Application for Review filed by Hispanic Information and Telecommunications Network, Inc. on October 27, 2003 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Application for Review (filed Oct. 27, 2003) (AFR). HITN filed a supplement to the AFR on March 19, 2004. Supplement to Application for Review (filed Mar. 19, 2004) (Supplement). 47 C.F.R. � 74.931. Id. Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed Rulemaking, 8 FCC Rcd 1275, 1277 � 9 (1993). Id. Id. The D Group channels are located at 2554-2560 MHz (D1), 2566-2572 MHz (D2), 2578-2584 MHz (D3), and 2590-2596 MHz (D4). See 47 C.F.R. � 74.902(a).
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  • to one of its four channels and lease the remaining three channels on a twenty-four-hour basis to a wireless cable operator. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, MM Docket 93-106, Report and Order, 9 FCC Rcd 3360 � 2 (1994) (1994 R&O). See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and
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  • Wireless Cable, Inc. and BellSouth Corporation (File Nos. 50849-CM-AL(1)-97 and 50851-CM-AL(2)-97). Petition at 1, n.1. The parties also assert that the grant of this petition will assure compliance with the Commission's rules concerning ITFS-cable cross-ownership because USA Digital leases excess capacity of ITFS stations having their main transmitter within 20 miles of Park City and Laurel. See 47 C.F.R. � 74.931(h) (prohibiting ITFS-cable cross-ownership). Petition at 1, n.1. 47 U.S.C. � 543. 47 C.F.R. � 76.905(b)(2). Based upon our action herein, the parties' request for expedited action is rendered moot. See Joint Motion for Expedited Review at 3. 47 C.F.R. � 76.906. 47 C.F.R. � 76.905. 47 U.S.C. � 543(1)(1)(B); see also 47 C.F.R. � 76.905(b)(2). See MediaOne of Georgia, 12
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  • whose signals or programs are proposed to be retransmitted. The FCC, Attention: Video Division, Media Bureau, shall be notified of the call letters of each station rebroadcast, and the licensee of the low power TV or TV broadcast translator station shall certify it has obtained written consent from the licensee of the station whose programs are being retransmitted. ***** Section 74.931 is amended by revising paragraph (j) to read as follows: � 74.931 Purpose and permissible service. ***** (j) The provisions of paragraph (h) of this section will not apply to ITFS excess capacity leased directly or indirectly to cable operators or affiliates to provide locally-produced programming to cable headends. Locally-produced programming is programming produced in or near the cable operator's
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  • for additional time to respond and grant its motion for extension of time. RCDRC filed a consolidated reply on January 31, 2003. Consolidated Reply (filed Jan. 31, 2003) (Reply). On March 17, 2003, ADNY filed a petition seeking leave to supplement its opposition, a supplement, and an amendment deleting one channel from its Oakland, New Jersey site. 47 C.F.R. � 74.931. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818DLA. Channels C2, C3, and C4 are located in the frequency bands 2560-2566 MHz, 2572-2578 MHz, and 2584-2590 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that can emit signal transmissions, which are received by subscriber equipment, as well as receive transmissions from
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818AKD. Channels D1, D2, and D3 are located in the frequency bands 2554-2560 MHz, 2566-2572 MHz, and 2578-2584 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that transmits electromagnetic signals to subscriber equipment and receives electromagnetic transmissions from subscriber equipment. See 47 C.F.R.
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  • Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by KCTS Television, Inc. (filed Apr. 4, 2001) (Petition). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way
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  • these services effective March 25, 2002. Id. Petition to Deny filed by CAI Wireless Systems, Inc. (filed Dec. 8, 1998) (Petition). Shekinah opposed the petition to deny on December 18, 1998. Opposition to Petition to Deny (filed Dec. 18, 1998) (Opposition). CAI filed a reply on December 23, 1998. Reply to Opposition (filed Dec. 23, 1998) (Reply). 47 C.F.R. � 74.931. Id. 47 C.F.R. � 74.902. Public Notice Report No. 24363A, Mass Media Bureau, Instructional Television Fixed Service: Proposed Construction Permits and Licenses (rel. Nov. 6, 1998). Petition at 2. Petition, Engineering Statement of Stephen Daugherty, Electrical Engineer, CAI Wireless Systems, Inc. Petition at 3. Opposition at 2. Reply at 47 C.F.R. � 74.903(e)(1995). File No. MBPIF-19940713DD. (...continued from previous page)
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  • the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau A fixed station operated by an educational organization and used primarily for the transmission of visual and aural instructional, cultural, and other types of educational material to one or more fixed receiving locations. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19860728DH. The G Group channels consist of the frequencies 2644-2650 MHz, 2656-2662 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R.
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  • 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed Dec. 21, 1992) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission, to Centre USD #397 (Nov 20, 1992) (Dismissal Letter). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPLIF-19911213DG. The D Group channels are located at 2554-2560 MHz, 2566-2572 MHz, 2578-2584 MHz and 2590-2596 MHz. See 47 C.F.R. �
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  • of Hispanic Information and Telecommunications Network, Inc. (filed Sept. 5, 1997) (HITN Petition). Petition to Deny of Wireless Holdings, Inc. (filed Sept. 5, 1997) (WHI Petition). WHI holds an airtime lease agreement with HITN, WLX546, at Seattle, WA. Application for New ITFS Station at Olympia, Washington, File No. BPLIF-19951020, Facility ID No. 80877 (filed Oct. 20, 1995). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19840301DF. Broadcast Actions, Report No. 42810, Public Notice (rel. Apr. 30, 1992). File No. BNPIF-19940801DR. Broadcast Actions, Report No. 43591, Public
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed January 22, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Dec 17, 1997) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed May. 11, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Apr. 3, 1998) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • ``[i]ndicate by ``F'' [for formal] those programs which are delivered to enrolled students for academic credit.'' Question 6 sets out a program grid which requires that the applicant summarize, among other things, both the ``[t]otal hours [of] formal education programming for credit for enrolled students on [each] channel'' and the ``[t]otal hours [of] other ITFS service (see 47 C.F.R. � 74.931(b)) on [each] channel.'' However, none of the programs was designated as formal educational programming. HITN is correct that ITFS applicants are permitted to file amendments to their applications upgrading their comparative status until the ``B'' cut-off date. See PFR at 20; see also Second Report and Order, 101 FCC 2d at 74. HITN also correctly notes that the ``B'' cut-off
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  • delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau Petition to Deny filed by WorldCom Broadband Solutions, Inc. (Aug. 21, 2002) (WorldCom Petition). Petition to Deny filed by Northwest Communications, Inc. (Aug. 22, 2002) (Northwest Petition). 47 C.F.R. � 74.931. The G group channels consist of the frequencies 2644-2650 MHz, 2656-2652 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R. � 74.902(a). File No. BPIF-19830729DA. See File No. BCIF-20010709AAE. The coordinates of this site are 40�-2'-21" N. Lat 75�-14'-13" W. Long. The H-2 channel consists of the frequencies 2662-2668 MHz. See 47 C.F.R. � 21.901(b)(6). The H1 channel consists of
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  • Opinion and Order. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by Radio Training Network, Inc. and the University of Central Florida (filed Apr. 11, 2003) (Petition). 47 C.F.R. � 74.931. Id. File No. IF-20030225AAA. Wireless Telecommunications Bureau Multipoint Distribution Service and Instructional Television Fixed Service Applications Accepted for Filing, Public Notice, Report No. 1431 (rel. Mar. 5, 2003). Petition (filed Apr.11, 2003). Opposition (filed Apr.24, 2003). Reply (filed May. 6, 2003) (Reply). File No. BPIF-19910122BB (granted Dec. 3, 1991). File No. BRIF-20010622AAB (granted Dec. 3, 2001). See Mass Media Bureau
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPLIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • January 14, 2005, the Bureau issued a Notice of Return for Lamesa's renewal application indicating that the following additional information was required: Please complete Item 3b and Item 11 on FCC Form 330-R. Please amend your application to include certification that station WNC316 is operational, and an explanation of the educational programming being provided. Please refer to 47 C.F.R. Section 74.931concerning purpose and permissible service. Lamesa did not respond to the Notice of Return within 60 days. On April 4, 2005, Lamesa's application to renew its authorization for Station WNC316 was dismissed. On April 6, 2005, the Bureau released a Public Notice that indicated that the renewal application for Station WNC316 was dismissed. Metropolitan argues that the public interest would be
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  • 18 7 W. 100 NORTH COLLEGE AVENUE, TYLER, TX Antenna # 1 C/L RCAMSL 60.90 meters, Antenna # 2 C/L RCAMSL 60.90 meters, Antenna # 3 C/L RCAMSL 60.90 meters, Antenna # 4 C/L RCAMSL 60.90 meters Increase EIRP Change Upper or Lower Frequency Bandwidth Add or Change Frequency Offset Change Carrier Status Pursuant to 47 C.F.R. Section 21.903(d) or 74.931(c)(6) or (d)(6) Waiver Request File Number Applicant Channel(s) Station City & State BMPIF-20000818AEC BOWDON PUBLIC SCHOOL A4 BOWDON, ND Call Sign WLX944 (6552) Lat. 47 28 13 N. - Lon. 99 42 18 W. ADJACENT TO BOWDON PUBLIC SCHOOL, BOWDON, ND New Station Relocate a Transmitting Site or Hub Site Change Antenna Radiation Center Height Other Facilities Changes LEAD CALLSIGN:
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  • (4) In lieu of the interference analyses required by paragraphs (b)(1) and (2) of this section, an applicant may submit (a) statement(s) from the affected cochannel or adjacent channel licensee(s) that any resulting interference is acceptable. * * * * * (c) Existing licensees and prospective applicants, including those who lease or propose to lease excess capacity pursuant to � 74.931(c) or (d), are expected to cooperate fully and in good faith in attempting to resolve problems of potential interference before bringing the matter to the attention of the Commission. (d) Each authorized or previously-proposed applicant, or licensee must be protected from harmful electrical interference at each of its receive sites registered previously as of September 17, 1998, and within a
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  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
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  • which many private land mobile radio (PLMR) services frequencies are assigned to individual applicants. Although PLMR applicants have had the option to use a frequency coordinator to select their frequencies since 1958, the Commission, in 1986, required all PLMR licensees to coordinate their frequency selections with certified coordinators under Section 90.175 of the Commission's rules.105 The 99See 47 C.F.R. � 74.931(e). 100See 47 C.F.R. � 74.631(f). 101See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
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  • was executed to facilitate the provision of local programming. The first application or the first lease notification in an area filed with the Commission will be entitled to the exemption. The limitations on one MDS channel per party and per area include any cable/MDS operations grandfathered pursuant to paragraph (f) of this section or cable/ITFS operations grandfathered pursuant to � 74.931(e) of this chapter. The cable operator must demonstrate in its MDS/MMDS application that the proposed local programming will be provided within one year from the date its application is granted. Local programming service pursuant to a lease must be provided within one year of the date of the lease or one year of grant of the licensee's application for the
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  • Service in the 12.2-12.7 GHz Band, First Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 98-206, RM-9147, RM-9245, 16 FCC Rcd 4096, 4099 � 2 (2000). A significant number of MMDS operators also have access to a total of 33 6 MHz channels via leasing arrangements with Instructional Television Fixed Service licensees. See 47 C.F.R. � 74.931. See Report to Congress Pursuant to the Rural Local Broadcast Signal Act, Report, 16 FCC Rcd 578, 591 � 28 (2001). Since the 33-channel analog capacity of MMDS systems is generally not competitive with that of most cable systems, MMDS subscribership has declined. Id. In recent years, MMDS spectrum has been acquired with the intent of providing a ``last mile''
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  • of their systems to respond readily to consumer demand for their services, thus allowing the marketplace to dictate the best uses of the band.''). Through the years, the Commission has authorized various types of ``excess capacity'' leasing, such as that between Instructional Television Fixed Service (ITFS) and MMDS licensees and that involving FM subcarrier leasing. See generally 47 C.F.R. � 74.931(c), (d), and (f) (ITFS leasing); 47 C.F.R. �� 73.293, 73.295 (FM subcarrier leasing); see also Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services, Report and Order, 17 FCC Rcd 15040 (2002) (permitting private operational fixed microwave services licensees to lease reserve capacity to common carriers); 47 C.F.R. � 101.603(b)(1);
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  • channels, and do not alter their channel bandwidths or otherwise deviate from the mandated channelization scheme. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 191112, 19119-20 at � 19 (1998). See 47 C.F.R. � 74.931 (1992). 47 C.F.R. � 74.990(d) (1992). 47 C.F.R. � 74.990(a) (1992). 47 C.F.R. � 74.990 (1992). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-178 Federal Communications Commission FCC 03-178 � � � � � gdpf hpf hpf hB h> h� F � 9 [ � � � � 0 � 0 @ ``= pf L > � B
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  • Order, 48 Fed. Reg. 33873, 33875 � 9 (1983) (1983 R&O) (citing ETV Decision, 39 FCC 846, 853 � 25). Id. Id. Id. Id. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2; see also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998), recon.,
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  • Services, accessible on the Commission's web site at http://wireless.fcc.gov/auctions/06/factsheet.html. See 47 C.F.R. �� 21.902(a)(3),(4); 21.938(b)(2). 47 C.F.R. � 21.932(a). 47 C.F.R. �� 21.925(c)(4), 21.932(c). Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, Report and Order, MM Docket 93-106, 9 FCC Rcd 3,360 � 2. See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18,839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order,
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  • site if (1) a reception system was installed at that site on or before the date the EBS licensee receives its Pre-Transition Data Request (see discussion above); (2) the reception system was installed by or at the direction of the EBS licensee; and (3) that reception system is either actually used to receive EBS programming that comports with former Section 74.931(a)(1) of the Rules or is located at a cable television system headend and the cable system relays such EBS programming. Only EBS receive sites within the licensee's thirty-five mile radius PSA circle are eligible to receive replacement downconverters. The details of the replacement of the downconverters will occur during the Transition Planning Period, which is discussed above. The replacement downconverters
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  • C.F.R. � 1.115, the Application for Review filed by Hispanic Information and Telecommunications Network, Inc. on October 27, 2003 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Application for Review (filed Oct. 27, 2003) (AFR). HITN filed a supplement to the AFR on March 19, 2004. Supplement to Application for Review (filed Mar. 19, 2004) (Supplement). 47 C.F.R. � 74.931. Id. Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed Rulemaking, 8 FCC Rcd 1275, 1277 � 9 (1993). Id. Id. The D Group channels are located at 2554-2560 MHz (D1), 2566-2572 MHz (D2), 2578-2584 MHz (D3), and 2590-2596 MHz (D4). See 47 C.F.R. � 74.902(a).
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  • to one of its four channels and lease the remaining three channels on a twenty-four-hour basis to a wireless cable operator. Amendment of Part 74 of the Commission's Rules Governing Use of the Frequencies in the Instructional Television Fixed Service, MM Docket 93-106, Report and Order, 9 FCC Rcd 3360 � 2 (1994) (1994 R&O). See also 47 C.F.R. � 74.931(e)(9). See Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996) (Digital Modulation Declaratory Ruling and Order). Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and
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  • credit would be inappropriate, as prohibitions on permit transfers are "likely" to delay service to the public, contrary to the purpose of Section 309(j). Second Report and Order, 9 FCC Rcd at 2385. Authorized ITFS "channels must be used to transmit formal educational programming offered for credit to enrolled 243 students of accredited schools," with certain exceptions. 47 C.F.R. � 74.931(a)(1). Specifically, ITFS licensees may lease excess capacity on their channels to Multipoint Distribution Service (MDS) operators, which have generally used such excess capacity to transmit multichannel video programming to subscribers. An ITFS licensee who leases excess channel capacity to an MDS operator must still provide a total average of at least 20 hours per channel per week of ITFS programming
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  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
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  • credit would be inappropriate, as prohibitions on permit transfers are "likely" to delay service to the public, contrary to the purpose of Section 309(j). Second Report and Order, 9 FCC Rcd at 2385. Authorized ITFS "channels must be used to transmit formal educational programming offered for credit to enrolled 243 students of accredited schools," with certain exceptions. 47 C.F.R. � 74.931(a)(1). Specifically, ITFS licensees may lease excess capacity on their channels to Multipoint Distribution Service (MDS) operators, which have generally used such excess capacity to transmit multichannel video programming to subscribers. An ITFS licensee who leases excess channel capacity to an MDS operator must still provide a total average of at least 20 hours per channel per week of ITFS programming
• http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
• http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
  • similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions and post-auction market structures -- would not be violated by allowing these noncommercial applicants an opportunity to resolve their mutual exclusivities prior to auction. Thus, we
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  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
• http://wireless.fcc.gov/services/brsebs/releases/fcc97360.doc http://wireless.fcc.gov/services/brsebs/releases/fcc97360.pdf http://wireless.fcc.gov/services/brsebs/releases/fcc97360.txt
  • would represent a fundamental shift in the review function of the Commission in this area and call for substantially increased diligence on the part of MDS and ITFS licensees in regard to tracking and monitoring the impact of applications by other parties on their own service. We note here, however, that no changes have been proposed to Sections 74.901, 74.913, 74.931 and 74.932 of our Rules which would modify the basic eligibility requirements or responsibilities of ITFS licensees. Similarly, no changes have been proposed with respect to Section 74.990 of our Rules, pertaining to the use of available ITFS frequencies by wireless cable entities and, therefore, no changes have been proposed to Section 74.990(e), governing the preferences between mutually exclusive ITFS
• http://www.fcc.gov/3G/3G_appendices.doc http://www.fcc.gov/3G/3G_appendices.pdf
  • restrict Main/Booster transmitter power output. 3. The rules do not specify maximum or minimum permissible antenna gain. Licensees may use omnidirectional antennas and/or directional antennas as needed to achieve desired area coverage. Main and Booster Stations utilize multiple directional antennas to achieve sectorized coverage of the service area as a means of achieving frequency reuse. See Rule Sections 21.906(a) (MDS), 74.931(b)(3) (ITFS) and 74.937(b) (ITFS). 4. The rules do not restrict beam tilt, either mechanical or electrical, although the details of the tilted beam pattern must be specified on the station application form. 5. The maximum permissible EIRP per 6 MHz channel is 2000 watts (33 dBW) for stations utilizing an omnidirectional antenna (i.e. no azimuthal-plane directivity). For stations using directional
• http://www.fcc.gov/3G/3gfinalreportappendices.doc http://www.fcc.gov/3G/3gfinalreportappendices.pdf
  • restrict Main/Booster transmitter power output. 3. The rules do not specify maximum or minimum permissible antenna gain. Licensees may use omnidirectional antennas and/or directional antennas as needed to achieve desired area coverage. Main and Booster Stations utilize multiple directional antennas to achieve sectorized coverage of the service area as a means of achieving frequency reuse. See Rule Sections 21.906(a) (MDS), 74.931(b)(3) (ITFS) and 74.937(b) (ITFS). 4. The rules do not restrict beam tilt, either mechanical or electrical, although the details of the tilted beam pattern must be specified on the station application form. 5. The maximum permissible EIRP per 6 MHz channel is 2000 watts (33 dBW) for stations utilizing an omnidirectional antenna (i.e. no azimuthal-plane directivity). For stations using directional
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000935.doc
  • Services, Inc. and BellSouth Wireless Cable, Inc. (collectively "BellSouth") filed a Petition for Special Relief requesting a finding of effective competition for BellSouth's cable franchises in the cities of Chamblee, Duluth, Lawrenceville, Roswell and Woodstock Georgia and in the unincorporated areas of Cherokee, Dekalb, Gwinnett and Cobb Counties, Georgia in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules regarding cable/wireless cable cross-ownership and cross-affiliation restrictions. BellSouth's petition is unopposed. . The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the bases by which a cable system will be deemed subject to effective competition is if fewer
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001074.doc
  • May 15, 2000 By the Deputy Chief, Cable Services Bureau: . BellSouth Interactive Media Services, Inc. and BellSouth Wireless Cable, Inc. (collectively "BellSouth") filed a Petition for Special Relief requesting a finding of effective competition for BellSouth's planned cable franchise planned for the unincorporated areas of Dade County, Florida in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules regarding cable/wireless cable cross-ownership and cross-affiliation restrictions. Adelphia Cable Partners, L.P. (``Adelphia'') filed an opposition, to which BellSouth replied. . The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the bases by which a cable system will be
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001085.doc
  • St. John's County, FL ) Adopted: May 15, 2000 Released: May 17, 2000 By the Deputy Chief, Cable Services Bureau: BellSouth Wireless Cable, Inc. and BellSouth Interactive Media Systems, Inc. (collectively ``BellSouth'') filed a Petition for Special Relief requesting a finding of effective competition in St. John's County, Florida in conjunction with its showing of compliance with Section 21.912 and 74.931(h) of the Commission's rules. No oppositions were filed. The Communications Act and the Commission's rules provide that only the rates of cable systems that are not subject to effective competition may be regulated. One of the basis by which a cable system will be deemed subject to effective competition is if fewer than 30% of the households in the system's
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97360.pdf
  • would represent a fundamental shift in the review function of the Commission in this area and call for substantially increased diligence on the part of MDS and ITFS licensees in regard to tracking and monitoring the impact of applications by other parties on their own service. We note here, however, that no changes have been proposed to Sections 74.901, 74.913, 74.931 and 74.932 of our Rules which would modify the basic eligibility requirements or responsibilities of ITFS licensees. Similarly, no changes have been proposed with respect to Section 74.990 of our Rules, pertaining to the use of available ITFS frequencies by wireless cable entities and, therefore, no changes have been proposed to Section 74.990(e), governing the preferences between mutually exclusive ITFS
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98231.pdf
  • We also sought comment on whether operators should be required to give the Commission notice when they are switching back and forth between common carrier and non-common carrier service, even if prior approval is not required. What little Federal Communications Commission FCC 98-231 167 See Comments of Corporation for Public Broadcasting and Gulf Coast MDS. 168 See 47 C.F.R. � 74.931. 169 47 C.F.R. � 74.931(a)(1). While ITFS programming generally is transmitted to receive sites at accredited schools, it still also may qualify to meet programming requirements under certain circumstances when delivered to enrolled students of accredited schools at businesses, homes, or any other sites. See 47 C.F.R. � 74.931(a)(2); Amendment of Part 74 of the Commission's Rules and Regulations in
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.wp
  • the unintended effect of limiting the scope of the ITFS exemption. We also agree that the same reasoning for the ITFS exemption applies to programming produced by others for ITFS licensees as to programming produced by the ITFS licensees themselves. Therefore, we amend Section 79.1(d)(7) to exempt video programming transmitted by an Instructional Television Fixed Service licensee pursuant to Sections 74.931(a), (b) or (c) of the rules. 64. General Revenue Exemption. The captioning rules include a general revenue exemption. Under this exemption, no video programming provider is required to spend any money to caption any channel of video programming producing annual gross revenues of less than $3 million during the previous calendar year.191 In addition, no video programming provider is required
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99207.wp
  • rules.313 Boston Ventures asserted that relaxation of the attribution rules in this way will give investors additional flexibility to structure their cable and wireless cable investments, reduce transactional costs involved in obtaining waivers, and thereby provide additional capital to the cable and wireless cable industries.314 In addition, the Wireless Association pointed out that the cable/ITFS cross-leasing rule, 47 C.F.R. � 74.931(h) and (i), is not followed by a supplemental note defining the ownership attribution standard applicable to that rule. Given this absence, the Federal Communications Commission FCC 99-207 315 Comments in response to Attribution Further Notice of Wireless Association at 10. 316 Comments in response to Attribution Further Notice of Blackstone at 2-3, citing 47 C.F.R. � 20.6(c) & (d). The
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.doc http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.txt
  • Matter of Implementation of Sections 3(n) and 332 - Regulatory Treatment of Mobile Services, Gen. Docket No. 93-252, Fourth Report and Order, 9 FCC Rcd 7123, 7125-30 (1994) (CMRS Fourth Report and Order). See, e.g., 47 U.S.C. �� 151, 301, 303, 309, and 310. See, e.g., CMRS Fourth Report and Order, 9 FCC Rcd at 7125-30. See 47 C.F.R. � 74.931(e) (ITFS rule) and 21.13(f) (MDS rule). See Domestic Fixed-Satellite Transponder Sales, 90 FCC 2d 1238, 1252 (1982), aff'd sub nom. Wold Communications, Inc. v. FCC, 735 F.2d 1465 (D.C. Cir. 1984), modified, Martin Marietta Communications Systems, 60 RR 2d 799 (1986) (Domestic Fixed-Satellite Transponder Sales Order); Amendment to the Commission's Regulations and Policies Covering Domestic Fixed Satellite and Separate International
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service for the Provision of Various Common Carrier Services, GEN Docket No. 84-1234, Final Decision on Remand, 7 FCC Rcd 266, 269 paras. 15-17 (1992). Id. at 268 para. 16. See 47 C.F.R. � 74.931(e). See 47 C.F.R. � 74.631(f). See Amendment of Part 74, Subpart F of the Commission's Rules to Permit Shared Use of Broadcast Auxiliary Facilities with Other Broadcast and Non-broadcast Entities and to Establish New Licensing Policies for Television Broadcast Auxiliary Stations, BC Docket No. 81-794, Report and Order, FCC 83-153, at para. 12, 53 Rad. Reg. 2d (P & F)
• http://www.fcc.gov/cgb/dro/captioning_regs.html
  • the 48 contiguous states may treat as exempt programming that is exempt under this paragraph when distributed in the contiguous states. (6) Interstitials, promotional announcements and public service announcements. Interstitial material, promotional announcements, and public service announcements that are 10 minutes or less in duration. (7) ITFS programming. Video programming transmitted by an Instructional Television Fixed Service licensee pursuant to 74.931(a), (b) or (c) of the rules. (8) Locally produced and distributed non-news programming with no repeat value. Programming that is locally produced by the video programming distributor, has no repeat value, is of local public interest, is not news programming, and for which the "electronic news room" technique of captioning is unavailable. (9) Programming on new networks. Programming on a
• http://www.fcc.gov/cgb/dro/exemptions_from_cc_rules.html
  • the 48 contiguous states may treat as exempt programming that is exempt under this paragraph when distributed in the contiguous states. (6) Interstitials, promotional announcements and public service announcements. Interstitial material, promotional announcements, and public service announcements that are 10 minutes or less in duration. (7) ITFS programming. Video programming transmitted by an Instructional Television Fixed Service licensee pursuant to 74.931(a), (b) or (c) of the rules. (8) Locally produced and distributed non-news programming with no repeat value. Programming that is locally produced by the video programming distributor, has no repeat value, is of local public interest, is not news programming, and for which the "electronic news room" technique of captioning is unavailable. (See 158 of [37]1997 R&O and 57-61 of
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  • for additional time to respond and grant its motion for extension of time. RCDRC filed a consolidated reply on January 31, 2003. Consolidated Reply (filed Jan. 31, 2003) (Reply). On March 17, 2003, ADNY filed a petition seeking leave to supplement its opposition, a supplement, and an amendment deleting one channel from its Oakland, New Jersey site. 47 C.F.R. � 74.931. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2184A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2184A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2184A1.txt
  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818DLA. Channels C2, C3, and C4 are located in the frequency bands 2560-2566 MHz, 2572-2578 MHz, and 2584-2590 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that can emit signal transmissions, which are received by subscriber equipment, as well as receive transmissions from
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2191A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2191A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2191A1.txt
  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818AKD. Channels D1, D2, and D3 are located in the frequency bands 2554-2560 MHz, 2566-2572 MHz, and 2578-2584 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that transmits electromagnetic signals to subscriber equipment and receives electromagnetic transmissions from subscriber equipment. See 47 C.F.R.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2355A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2355A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2355A1.txt
  • Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by KCTS Television, Inc. (filed Apr. 4, 2001) (Petition). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2747A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2747A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2747A1.txt
  • these services effective March 25, 2002. Id. Petition to Deny filed by CAI Wireless Systems, Inc. (filed Dec. 8, 1998) (Petition). Shekinah opposed the petition to deny on December 18, 1998. Opposition to Petition to Deny (filed Dec. 18, 1998) (Opposition). CAI filed a reply on December 23, 1998. Reply to Opposition (filed Dec. 23, 1998) (Reply). 47 C.F.R. � 74.931. Id. 47 C.F.R. � 74.902. Public Notice Report No. 24363A, Mass Media Bureau, Instructional Television Fixed Service: Proposed Construction Permits and Licenses (rel. Nov. 6, 1998). Petition at 2. Petition, Engineering Statement of Stephen Daugherty, Electrical Engineer, CAI Wireless Systems, Inc. Petition at 3. Opposition at 2. Reply at 47 C.F.R. � 74.903(e)(1995). File No. MBPIF-19940713DD. (...continued from previous page)
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  • the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau A fixed station operated by an educational organization and used primarily for the transmission of visual and aural instructional, cultural, and other types of educational material to one or more fixed receiving locations. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19860728DH. The G Group channels consist of the frequencies 2644-2650 MHz, 2656-2662 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2921A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2921A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2921A1.txt
  • 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed Dec. 21, 1992) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission, to Centre USD #397 (Nov 20, 1992) (Dismissal Letter). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPLIF-19911213DG. The D Group channels are located at 2554-2560 MHz, 2566-2572 MHz, 2578-2584 MHz and 2590-2596 MHz. See 47 C.F.R. �
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2927A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2927A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-03-2927A1.txt
  • of Hispanic Information and Telecommunications Network, Inc. (filed Sept. 5, 1997) (HITN Petition). Petition to Deny of Wireless Holdings, Inc. (filed Sept. 5, 1997) (WHI Petition). WHI holds an airtime lease agreement with HITN, WLX546, at Seattle, WA. Application for New ITFS Station at Olympia, Washington, File No. BPLIF-19951020, Facility ID No. 80877 (filed Oct. 20, 1995). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BPIF-19840301DF. Broadcast Actions, Report No. 42810, Public Notice (rel. Apr. 30, 1992). File No. BNPIF-19940801DR. Broadcast Actions, Report No. 43591, Public
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed January 22, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Dec 17, 1997) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed May. 11, 1998) (Petition). Letter from Clay C. Pendarvis, Acting Chief, Distribution Services Branch, Video Service Division, Mass Media Bureau, Federal Communications Commission to HITN. (Apr. 3, 1998) (Dismissal Letter) at 1. 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). Amendment of Part 74 of the Commission's Rules With Regard to the Instructional Television Fixed Service, MM Docket No. 93-24, Notice of Proposed
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  • ``[i]ndicate by ``F'' [for formal] those programs which are delivered to enrolled students for academic credit.'' Question 6 sets out a program grid which requires that the applicant summarize, among other things, both the ``[t]otal hours [of] formal education programming for credit for enrolled students on [each] channel'' and the ``[t]otal hours [of] other ITFS service (see 47 C.F.R. � 74.931(b)) on [each] channel.'' However, none of the programs was designated as formal educational programming. HITN is correct that ITFS applicants are permitted to file amendments to their applications upgrading their comparative status until the ``B'' cut-off date. See PFR at 20; see also Second Report and Order, 101 FCC 2d at 74. HITN also correctly notes that the ``B'' cut-off
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  • delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. � 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau Petition to Deny filed by WorldCom Broadband Solutions, Inc. (Aug. 21, 2002) (WorldCom Petition). Petition to Deny filed by Northwest Communications, Inc. (Aug. 22, 2002) (Northwest Petition). 47 C.F.R. � 74.931. The G group channels consist of the frequencies 2644-2650 MHz, 2656-2652 MHz, 2668-2674 MHz, and 2680-2686 MHz. See 47 C.F.R. � 74.902(a). File No. BPIF-19830729DA. See File No. BCIF-20010709AAE. The coordinates of this site are 40�-2'-21" N. Lat 75�-14'-13" W. Long. The H-2 channel consists of the frequencies 2662-2668 MHz. See 47 C.F.R. � 21.901(b)(6). The H1 channel consists of
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  • Opinion and Order. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau The B Group channels are located at 2506-2612 MHz, 2518-2524 MHz, 2530-2536 MHz, and 2542-2648 MHz. See 47 C.F.R. � 74.902(a). Petition to Deny filed by Radio Training Network, Inc. and the University of Central Florida (filed Apr. 11, 2003) (Petition). 47 C.F.R. � 74.931. Id. File No. IF-20030225AAA. Wireless Telecommunications Bureau Multipoint Distribution Service and Instructional Television Fixed Service Applications Accepted for Filing, Public Notice, Report No. 1431 (rel. Mar. 5, 2003). Petition (filed Apr.11, 2003). Opposition (filed Apr.24, 2003). Reply (filed May. 6, 2003) (Reply). File No. BPIF-19910122BB (granted Dec. 3, 1991). File No. BRIF-20010622AAB (granted Dec. 3, 2001). See Mass Media Bureau
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • Public Notice, DA 03-2057 at Appendix B (rel. June 20, 2003). On October 10, 2003, Emerson's application was reinstated in response to Emerson's petition for reconsideration. See Wireless Telecommunications Bureau Grants Petitions for Reconsideration of ITFS, MDS, and MMDS Applications That Were Dismissed Without Prejudice on June 20, 2003, Public Notice, DA 03-3157 (rel. Oct. 10, 2003). 47 C.F.R. � 74.931. Id. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). File No. BMPLIF-950206DM (February 1995 Modification Application). Broadcast Actions, Report No. 43609, Public Notice (rel. Oct. 10, 1995). File No. BMPIF-951020N2 (October 1995
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  • January 14, 2005, the Bureau issued a Notice of Return for Lamesa's renewal application indicating that the following additional information was required: Please complete Item 3b and Item 11 on FCC Form 330-R. Please amend your application to include certification that station WNC316 is operational, and an explanation of the educational programming being provided. Please refer to 47 C.F.R. Section 74.931concerning purpose and permissible service. Lamesa did not respond to the Notice of Return within 60 days. On April 4, 2005, Lamesa's application to renew its authorization for Station WNC316 was dismissed. On April 6, 2005, the Bureau released a Public Notice that indicated that the renewal application for Station WNC316 was dismissed. Metropolitan argues that the public interest would be
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  • Wireless Cable, Inc. and BellSouth Corporation (File Nos. 50849-CM-AL(1)-97 and 50851-CM-AL(2)-97). Petition at 1, n.1. The parties also assert that the grant of this petition will assure compliance with the Commission's rules concerning ITFS-cable cross-ownership because USA Digital leases excess capacity of ITFS stations having their main transmitter within 20 miles of Park City and Laurel. See 47 C.F.R. � 74.931(h) (prohibiting ITFS-cable cross-ownership). Petition at 1, n.1. 47 U.S.C. � 543. 47 C.F.R. � 76.905(b)(2). Based upon our action herein, the parties' request for expedited action is rendered moot. See Joint Motion for Expedited Review at 3. 47 C.F.R. � 76.906. 47 C.F.R. � 76.905. 47 U.S.C. � 543(1)(1)(B); see also 47 C.F.R. � 76.905(b)(2). See MediaOne of Georgia, 12
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  • whose signals or programs are proposed to be retransmitted. The FCC, Attention: Video Division, Media Bureau, shall be notified of the call letters of each station rebroadcast, and the licensee of the low power TV or TV broadcast translator station shall certify it has obtained written consent from the licensee of the station whose programs are being retransmitted. ***** Section 74.931 is amended by revising paragraph (j) to read as follows: � 74.931 Purpose and permissible service. ***** (j) The provisions of paragraph (h) of this section will not apply to ITFS excess capacity leased directly or indirectly to cable operators or affiliates to provide locally-produced programming to cable headends. Locally-produced programming is programming produced in or near the cable operator's
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  • for additional time to respond and grant its motion for extension of time. RCDRC filed a consolidated reply on January 31, 2003. Consolidated Reply (filed Jan. 31, 2003) (Reply). On March 17, 2003, ADNY filed a petition seeking leave to supplement its opposition, a supplement, and an amendment deleting one channel from its Oakland, New Jersey site. 47 C.F.R. � 74.931. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818DLA. Channels C2, C3, and C4 are located in the frequency bands 2560-2566 MHz, 2572-2578 MHz, and 2584-2590 MHz, respectively. See 47 C.F.R. � 74.902(a). 47 C.F.R. � 74.931. See Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order, 13 FCC Rcd 19112 (1998). A hub station is a fixed facility that can emit signal transmissions, which are received by subscriber equipment, as well as receive transmissions from
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition to Deny filed by Sprint Corporation (filed Apr. 2, 2001). File No. BPIFH-20000818AKD. Channels D1, D2, and D3 are located in the frequency bands 2554-2560 MHz, 2566-2572 MHz, and 2578-2584 MHz, respectively. See