Report No. DC 95-106 ACTION IN DOCKET CASE August 7, 1995 COMMISSION PROPOSES ELIMINATION OF ONE-YEAR CONSTRUCTION REQUIREMENTS FOR IVDS LICENSEES (WT DOCKET NO. 95-131) The FCC has proposed to amend the rules to eliminate the one-year construction "build-out" requirement for Interactive Video Data Service (IVDS) licensees. The IVDS service rules provide that licensees must make service available to at least 10 percent of the population or area within one year, 30 percent within three years, and 50 percent within five years. Certain IVDS auction winners have requested elimination of the one-year construction benchmark. The petitioners argued that the IVDS equipment market is in early development and has yet to provide sufficient quantities of suitable, competitively price equipment. They argued further that technological development will be unnecessary curtailed if the industry is consigned to the limited scope and application of the current equipment options. The Commission stated that the original construction benchmark was crafted in the context of awarding licenses by lottery and was intended to reduce speculation and spectrum warehousing. The Commission stated further that in light of its experience with auctions, it no longer believes the 10 percent requirement is necessary to achieve these objectives. Additionally, the Commission believes that it is in the public interest to provide licensees with greater flexibility in making decisions concerning financing, equipment selection and other considerations related to construction. Because this proposal would not alter the three-and-five-year benchmarks, licensees would still be required to act responsibly in delivering service to the public in a timely fashion. Comments are requested on the proposed rule change. (over) -2- Action by the Commission July 31, 1995, by Notice of Proposed Rulemaking (FCC 95-318). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Wireless Telecommunications Bureau contact: Donna L. Kanin at (202) 418-0680.