WPCc 2UBJZ[urier3|j;Bx6X@`7X@J4/LJ_HP4_2000M_440_11HPLAS4.PRS 4x  @\NX@ yO #C\  P6QQwP#  Њ   3'3'Standard3'3'Standard/rJet 44  X   X` hp x (#%'0*,.8135@8:/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNiJ?^`L@OMitemizeX1=&V 8F ` hp xr#FxX  Pg9CXP#header2>I ` hp x`    #FxX  Pg9CXP# heading 3?F` hp x #FxX  Pg9CXP# footer!@!!#d\  PCP#2RA ?OBLPCr QDQCitatorFormat Secretary's Citator Output FileAW r5-#d6X@`7Ͽ@# XX  X B r5-S  BFormat DownloadFormat Downloaded DocumentBiޛ r5- XX    \ #d6X@`7Ͽ@#a2AgendaCa1AgendaAgenda ItemsD7D yP ) I. 2^dErCRFRGWHw_a3AgendaEmhzo5  6Stable of allo (mhz)=($*$o5  EF  ` `   INTERNATIONAL!FF". ||0,,79?kk@ UNITED STATES   Region 1` ` | Region 2!|FF"Region 3.||0Band,,7|9National?|kk@Government$$M|%%ONonGovernment**[|t+t+\Remarks MHz` ` | MHz!|FF"MHz.||0MHz,,7|9Provisions?|kk@Allocation$$M|%%OAllocation**[| ` ` | !|FF".||01,,7|92?|kk@3$$M|%%O4**[|t+t+\5   tables  6STables of Frequency Allocations*$o5  EG     '3 #H|@E@#` F,k$%*D+  ` `   INTERNATIONAL !FF".||0,,79?kk@ UNITED STATES   Region 1` ` | Region 2!|FF"Region 3.||0 Band,,7|9National?|kk@Government$$M|%%ONonGovernment**[|D+D+\Remarks kHz` ` | kHz!|FF"kHz.||0 kHz,,7|9Provisions?|kk@Allocation$$M|%%OAllocation**[| ` ` | !|FF".||0 1,,7|92?|kk@3$$M|%%O4**[|D+D+\5   ` F,k$%*t+GHZo5  6SGHz TABLE OF FREQ ALLOS8 *$o5  EH  ` `   INTERNATIONAL!FF". ||0,,79?kk@ UNITED STATES   Region 1` ` | Region 2!|FF"Region 3.||0Band,,7|9National?|kk@Government$$M|%%ONonGovernment**[|t+t+\Remarks GHz` ` | GHz!|FF"GHz.||0GHz,,7|9Provisions?|kk@Allocation$$M|%%OAllocation**[| ` ` | !|FF".||01,,7|92?|kk@3$$M|%%O4**[|t+t+\5   2mKdKfK&iKqk"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFddddddddddddddddddddddddddddddddddddddddN$<<$.2",2222`2 LL2 LL2L"",,2d""I\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>>>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WddddddddddddddddddddddddddddddddddddddddNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\pBnnBmgg>Q\7"yyyy\njc\gnn\"i~'^5>M\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\pBnnBb\\>g\7"yyyy\njc\}nn\2 KLw Ky K{ -~"i~'^DO]uuĶOOOu=O=AuuuuuuuuuuAAgרOYͨۨOAOkuOgugugOuuAAuAuuuuOYAuuuugp/p~O=~kOOO=OOOOOOOOuAggggg͘gggggOAOAOAOAuuuuuuuuuuguruuuuggggg~ggggguuu~u~uOAOuOOOu~~uA]OOAuuuuuͨOOOYYY~bAkuuuuuuۨ~ggguOuYOu=uuN*NWddddddddddddddddddddddddddddddddddddddddNTTkuOguuuuuAKuFKuFOOgguPPuu叱T錌TƒOguF"u錇~u匌u"i~'^DOuuOOOu=O=AuuuuuuuuuuOOuۨYuۨ騨OAOuOuggOuAOAăugYOuuug]3]yO=yOOO=OOOOOOuOAuuuuu騨gggggVAVAVAVAuuuuuuuuuuuuuggyggggguuuyuYAYYOYyyAiO]Auu稨gggYYYywO騨ygggOYOu=uuN?NWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNTT|uOuuuuuuFOuFOuFOOuuuPPuu鏱T錌TƒOuuF"u錊~u匌u"i~'^%88XC""':"8888888888:::8fCCHHC>NH2C8THNCNHC>HC^CC>.888288882T8888"282H222"":":-"""""""""8">C8C8C8C8C8dXH2C8C8C8C8H8N8N8N8N8H8H8H8H8C2C8H8N>N8C2H8B8C8C8C8H2H2H:H2H>C8C8C8C8N8N8N8N:N8H:H8">"">J,::C2888"8"8H8&>>-H8H8H8H8H8H8^HC:>2>2>2H88"H8C2>"C8>28WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFddddddddddddddddddddddddddddddddddddddddN$<<$68">8888n8&%TT8"$JJ8T"""8d""LXX"i~'K2^6=U\\===\====\\\\\\\\\\==Qs~sm=Gsizbsw===\\=Q\Q\Q=\\33\3\\\\DG3\\\\QQ\Q\=\\\\\=\\\\\\\\\3QQQQQz~QsQsQsQsQ=3=3=3=3\\\\\\\\\\Q\\\\\i\Q\QyQyQ~\~\trQs\s\rQ\\\\\\\>3\\\\=\f\\\r3rIs\s3s3\m\\\\y>y>z\gFbGgFb\rMr3s\\\\\\\\rQwQrQ\s\\b\s\\t=\\===WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN\\\=QKK\\\\\\@\\\\@==__\00\\pp\\\mff=_\@"\_\壣4\==p=\\f\z\=\Q\iwUzpNmń\QQ====ńpsfpfzQsGwQ\Q=3QzffQz\Qpi\p\\sQQzpfppps=\pQpppp==\\\\\\\p=i\Q=xiw{Sp*cSiille{@@S37cVcVSSSSSS5I>>VV22SMMMg=KaOO;IBB@>HOQQQi_VcTTT\Sc_F^tBVBQQQQ(BXQ3__QQQ00QQQQQV(QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ^^^^ZZZZZZZZZZrrHHQQQQQQXXQQFFFF__QQOOOOQQII_IFFFF*!9FQQ"i~'K2^;C`ddCCCdCCCCddddddddddCCȲdzzzsCYozzdozzooCCCddCddYdY8dd88Y8ddddNN8dYYYNYdYdCdddddCddddddddd8zdzdzdzdzdYzYzYzYzYC8C8C8C8dddddddddoYzddddoYdzd|dzd|dXXddx|Xzdzd|XdddddddD8ddddCdddddp8pHodo8o8dzdddd|L|LzddLdNdLddpHp8odddddddodpLoNpLdoddddododxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCd]]ddddddFddddFCCddd88ddzzdddkddCddF"Ȑddd岲9dCCȐzȲCdzdodȐȅdCdYdsȐ]ȐȐȧzȐUvŐdȐYYCCCCzzzozoYzNoYdYC8YooYdYzzdzddoYoYzzozzzzzCdoozYzzzzCCddddzdddooozCsdYCxrZz.lZrrvvnFFZ8LXX"i~'K2^$(8<><q*"xxxxWWxxxWWkkxxx8A777<6A>.=L+8+5555+:5">>5555555585555555555555555555555555555555====;;;;;;;;;;JJ//555555::55....>>5544445500>0....%.552{dFZa"i~'K2^6=X\\===\====\\\\\\\\\\==\ppzpi=Qzfzpp\fppff===\\=\\Q\Q3\\33Q3\\\\GG3\QzQQGQ\Q\=\\\\\=\\\\\\\\\3p\p\p\p\p\zzQpQpQpQpQ=3=3=3=3z\\\\\\\\\fQp\\\\fQ\p\r\p\r\yQyQz\z\nrQp\p\rQ\\\\\\\>3\\\\=\\\\z\g3gBf\f3f3y\py\z\\\zrFrFp\\F\G\F\\gBg3f\\\\\\\zf\gFfGgF\f\z\\\f\f\n=\\===WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN\\\=\UU\\\\\\@\\\\@==\\\33\\pp\\\b\\=\\@"\[\壣4\==p=\p\f\z\=\Q\iwUzpNmń\QQ====pppfpfzQpGfQ\Q=3zQzffzQz\Qpp\p\\fQfQzppfppppp=\ffpQpppp==\\\\p\\\fffp=i\Q=xiw{Sp*cSiille{@@S37cVcVSSSSSS5I>>VV22SMMMg=KaOO;IBB@>HOQQQi_VcTTT\Sc_F^tBVBQQQQ(BXQ3__QQQ00QQQQQV(QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ^^^^ZZZZZZZZZZrrHHQQQQQQXXQQFFFF__QQOOOOQQII_IFFFF*!9FQQ y.X80,QwX\  P6G;P 7jC:,Xj\  P6G;XP 7nC:,4Xn4  pG;X t,U5.,xU\  P6G;P W!@(#,h@\  P6G;hP H5!,x,5\  P6G;,P {,W80,%~UW*f9 xr G;X 5hC:,%Xh*f9 xr G;XX 2a=5,r&a\  P6G;&P 0_=5,%]&_*f9 xr G;&X @|ND,C|\  P6G;P  @ND,4  pG; L7!,<I,72PG;,P y.\80,G\4  pG;t@NE,B"#_ pi7l?xxx,P2x6X@`7X@68xC;,XXx PE37XP6uC;,acXu&_ x7XX6V"H($,XhH PE37hP1k=6,a&k&_ x7&X63n=6,Xb&n PE37&Pdddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdX X0 XX   )} X0w #Xj PXP# Federal Communications Commission`(# FCC 96441 ă  yxdddy )+2 Before the w Federal Communications Commission  X0Washington, D.C. 20554 ă ` ` #Xj PXP#  X0In the Matter of T) ^` `  T)  X_0` ` Amendment of the Commission's Rules to T)  XH0Establish Part 27, the WirelessT) GN Docket No. 96228  X10Communications Service ("WCS") T) ^` `  T  X 0l  NOTICE OF PROPOSED RULE MAKING TP  X 0` p Adopted: November 8, 1996 T ; Released: November 12, 1996 pX` hp x (#%'0*,.8135@8:Zn {O ԍxId.: If, pursuant to Section 309(d) of the Communications Act, the Commission dismissed   Por denied any and all petitions to deny, the Commission would announce by public notice that   it is prepared to award the license, and the winning bidder would then have 10 business days to   submit the balance of its winning bid. If the bidder does so, the license would be granted. If   the bidder fails to submit the required down payment or the balance of the winning bid or the   0 license is otherwise denied, we would assess a default payment as discussed below. We request comment on these proposals.  X 0  px453.AmendmentsandModificationsofApplications. To encourage maximum bidder   participation, we propose to allow applicants to amend or modify their shortform applications  X 0  pas provided in Section 1.2105.G? n yOr ԍx47 C.F.R.  1.2105.G In the broadband PCS context, we modified our rules to permit   ownership changes that result when consortium investors drop out of bidding consortia, even if  X 0  control of the consortium changes due to this restructuring. @ |n {O  PԍxSee Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93 {O 253, Fourth Memorandum Opinion and Order, 9 FCC Rcd 6858, 6868 (1994).  We propose to adopt the same   pexception to our rule prohibiting major amendments in the WCS auction. We seek comment on all of this proposal.  XK0  p0x554.BidWithdrawal,DefaultandDisqualification. We tentatively conclude that the  X40  withdrawal, default, and disqualification rules for the WCS auction should be based upon the   procedures established in our general competitive bidding rules. With regard to bids which are   @submitted in error, we propose to apply the guidelines which we recently fashioned to provide  X0for relief from the bid withdrawal payment requirements under certain circumstances.A(n {Ox  ԍxSee Atlanta Trucking Associates, Inc. and MAP Wireless L.L.C. Requests to Waive Bid Withdrawal  {OB   Payment Provisions, Order, FCC 96203 (May 3, 1996), recon. pending. See also Georgia Independent PCS  {O   Corporation Request to Waive Bid Withdrawal Payment Provision, Order, DA 96706 (May 6, 1996), app. rev.  {O pending.  X0x4. Regulatory Safeguards x  X0  px655.AntiCollusion. In the Second Report and Order, we adopted anticollusion rules in   connection with competitive bidding, explaining that these rules, which are codified at 47 C.F.R.    1.2105, would enhance the competitiveness of both the auction process and the postauction"g A,-(-(ZZ"  X0  market structure.Bn {Oy  @ԍxSee 47 C.F.R.  1.2105(c). See also Second Report and Order, 9 FCC Rcd at 238688; Second  {OC   Memorandum Opinion and Order, 9 FCC Rcd 7245 at 72537254; Erratum, Mimeo No. 50278 (October 19, 1994);  {O    @"Wireless Telecommunications Bureau Clarifies Spectrum Auction AntiCollusion Rules," Public Notice, DA 952244   (rel. October 26, 1995); "Wireless Telecommunications Bureau Ponders Guidance on the AntiCollusion Rule for  {O D, E and F Block Bidders," Public Notice, DA 961460 (rel. August 28, 1996).  We propose to apply these same rules to the auction of the WCS spectrum. x  X0  px756.PerformanceRequirements. In implementing auction procedures, the Commission    is required under Section 309(j) of the Communications Act to include "safeguards to protect the   ppublic interest in the use of the spectrum" and performance requirements "to ensure prompt   delivery of service to rural areas, to prevent stockpiling or warehousing of spectrum by licensees   @or permittees, and to promote investment in and rapid deployment of new technologies and  X_0  services."MC_n yO ԍx47 U.S.C.  309(j)(4)(B).M We have previously found that these objectives could be satisfied through buildout  XH0  requirements (see, e.g., Implementation of Section 309(j) of the Communications Act  X30  Competitive Bidding, Fifth Report and Order, PP Docket No. 93253, FCC 94178, 9 FCC Rcd  X 0  5532, 5570 (1994); Amendment of Parts 21 and 74 of the Commission's Rules With Regard to   P!Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed   Service and Implementation of Section 309(j) of the Communications Act Competitive Bidding,  X 0  Report and Order, PP Docket No. 93253 and MM Docket No. 94131, FCC 95230, 10 FCC  X 0  Rcd 9589, 965960 (1995); Allocation of Spectrum Below 5 GHz Transferred from Federal  X 0  0Government Use, Second Report and Order, ET Docket No. 9432, FCC 95319, 11 FCC Rcd   P624, 669670 (1995)). We note, however, that we have never concluded that such requirements are mandated by Section 309(j).  XW0  px857.Buildout requirements may encourage the provision of service to areas that would   @not necessarily receive service expeditiously solely through the operation of market forces. In   addition, buildout requirements may also prevent stockpiling or warehousing of spectrum by   allowing licenses to be recovered and made available to entities more willing and able to provide   service expeditiously. As is discussed below, however, we have some concern as to whether   applying these requirements to the licenses of the WCS spectrum is the best way to address Congress's concerns.  X0  p0x958.In this NPRM, we propose that a WCS licensee have the flexibility to offer a range  X0  pof services, rather than being restricted to a particular use. See para. 9, supra. Given the broad   range of services that may be deployed over WCS spectrum, it may be that performance   prequirements in the form of construction benchmarks are not necessary to meet Section 309(j)'s   0objectives regarding warehousing and rapid deployment. Where we allow flexible use and the   Pultimate use (or uses) of a license is uncertain, simply requiring construction by itself does not  X0  sufficiently encourage the licensee to deploy assets in any particular market (e.g., the voice or   data market) or to provide any particular service. In addition, requiring construction by itself   does not ensure that licenses are put to use in an efficient and procompetitive manner. Moreover,"C,-(-(ZZ!"   WCS construction requirements alone may not be effective to ensure the provision of service to rural areas.  X0  px:59.We also note that buildout requirements can be harmful because they might result   pin one of several forms of uneconomic construction: construction in geographic areas different   p than those that would be served in a competitive environment; deployment at a different rate than   0 would occur in a competitive environment; or deployment of technology and equipment differing   from that which competition would dictate. Further, strict buildout requirements might have the   @unintended consequence of causing firms to build first in urban areas where the mandatory   benchmarks could be met most cheaply, and thus slow the development of service to rural areas. It may be difficult to devise construction requirements that avoid these negative effects.  X 0  px;60.We believe we may be able to appropriately address the statutory concerns of   preventing warehousing of spectrum and promoting rapid deployment of new technologies and   0 services in other ways. First, the concern regarding warehousing may be addressed by awarding   P licenses through auctions. Auctioning itself provides economic incentives for licensees to utilize   spectrum efficiently and to provide service rapidly. Second, the goal of promoting service to   0rural areas can be furthered by our proposal to allow partitioning and disaggregation. And, of   course, the broad universal service policies of the Telecommunications Act of 1996 will contribute substantially to addressing this objective as well.  X0  px<61.Commenters should address whether the auction and service rules that we are   proposing here, together with our overall competition and universal service policies, constitute   effective safeguards and performance requirements for WCS licensing, or whether specific   construction requirements are also needed. If we decide not to impose construction requirements,   pwe would reserve the right to review this policy in the future if we receive complaints related to   Section 309(j)(4)(B), or if our own monitoring initiatives or investigations indicate that a   reassessment is warranted. Thus, we propose to further reserve the right to impose construction   requirements on a WCS license or licenses in the future if evidence of actual competitive or rural   pservice problems arises and if construction requirements can effectively ameliorate those problems. We seek comment on these proposals and tentative conclusions.  X 0x5. Treatment of Designated Entities  X0  p@x=62.Section 309(j) of the Communications Act provides that, when promulgating   competitive bidding regulations, the Commission must "ensure that small businesses, rural   telephone companies, and businesses owned by members of minority groups and women   [commonly referred to as 'designated entities'] are given the opportunity to participate in the  X"0  provision of spectrumbased services."D"n {O% ԍx47 U.S.C.  309(j)(4)(D). See also 47 U.S.C.  309(j)(3)(B) and (j)(4)(A). As noted above, our allocation proposal contemplates   that a WCS licensee will have broad flexibility in determining the range of services it will offer,   and that licenses will be issued for broad geographic areas. Commenters should address the"h$ZD,-(-(ZZ%"   extent to which potentially high capital costs for constructing WCS systems affect the advisability   Pof adopting specific provisions applicable to the WCS auction. We note that our proposed   partitioning and disaggregation rules for WCS licensing may provide designated entities with additional opportunities to participate in the provision of WCS service.  X0  px>63.The Appropriations Act requires that the Commission conduct the auction in a manner   that ensures that all proceeds of the bidding are deposited in the Treasury no later than September  X_0  p30, 1997.WE_n yO ԍxAppropriations Act, Section 3001(d). W Because of the expedited procedures imposed by the Appropriations Act, an entity   acquiring a WCS authorization must be prepared to make payment on its full bid amount quickly.   PThus, we tentatively conclude that installment payment plans would be an inappropriate   mechanism for encouraging designated entity participation in the WCS auction. We invite   comment on this tentative conclusion and on how the Congressional intent concerning designated   entities can be effectuated in connection with competitive bidding for WCS licenses. For   example, would bidding credits be appropriate in this service? If so, should they be limited to   small businesses or provided to all designated entities? In addition, to the extent commenters   suggest special provisions for small businesses, we also seek comment on the appropriate   definition for small business. Additionally, should any special provisions be afforded to rural   telephone companies? To the extent that commenters propose specific provisions to ensure the   P participation of minority and womenowned businesses, we also invite them to address how such   provisions should be crafted to meet the relevant standards of judicial review (strict scrutiny for  X40minorities and intermediate scrutiny for women).<F$4Xn {O=  ԍxSee, for relevant standards of review, AdarandConstructorsv.Pe9a, 115 S.Ct. 2097 (1995) ("[Racial]   classifications are constitutional only if they are narrowly tailored measures that further compelling governmental  {O   Pinterests"), and UnitedStatesv.Virginia, 116 S.Ct. 2264 (June 26, 1996) ("Parties who seek to defend genderbased governmental action must demonstrate an 'exceedingly persuasive justification' for that action").<  X0H. Other AdministrativeMatters  X0  p x?64.We propose to update the entries for the 23002450 MHz band in the international   table (columns 1 through 3 of the Table of Frequency Allocations ("Table"), 47 C.F.R.  2.106)  X0  in accordance with the Final Acts of the 1995 World Radiocommunication Conference.GDn {O  ԍxSee ITU Final Acts of the World Radiocommunication Conference (WRC95), Geneva, 1995. We are   updating the entire band from 2300 to 2450 MHz in accordance with an agreement that the Commission's staff has   0made with the Federal Register. Specifically, the Federal Register staff requests that we display all frequency bands   in the Table of Frequency Allocations between unbroken horizontal lines. This assist the Federal Register staff in   their maintenance of the Table of Frequency Allocations in the Code of Federal Regulations. The International Table is provided for informational purposes only.    @Specifically, the following international footnotes would be renumbered using the new "S"" G,-(-(ZZ"  X0  0numbering scheme: 664 (S5.282), 750B (S5.393), 751 (S5.394),Hxn yOy  ԍxIn addition to being renumbered, the text of footnote 751 was modified. Specifically, aeronautical telemetry   in the United States now has priority over other mobile service uses in the 23002390 MHz band (that is, the 2300  2310 MHz band has been added to the existing restriction). (At the next competent conference, we intend to have   Pthe aeronautical telemetry restriction removed from the 23002320 and 23452360 MHz bands in the United States.)   pIn addition, aeronautical telemetry in Canada now has priority over other mobile service uses in the 23002483.5   MHz band (this is an entirely new restriction in Canada). Finally, Australia and Papua New Guinea have removed the aeronautical telemetry priority use restriction from the 23102390 MHz band.  751A (S5.395), 751B (S5.396),  X0and 752 (S5.150).lIXn yO  @ԍxFootnote 752 was one of seven international footnotes that separately designated certain bands for industrial,   Pscientific and medical applications. These international footnotes (534, 546, 548, 707, 752, 806, and 881) were combined into a single international footnote, S5.150. l x  X0  p@x@65.We also propose to update the entries for the 23002310, 24002402, and 24172450   MHz bands in the Government radio service allocations' column (column 4 of the Table) in  X0  `accordance with the newly revised NTIA Manual.J( n yOf  ԍxThe 23002310 and 24002402 MHz bands were recently reallocated for exclusive nonGovernment use and  {O.   the 24172450 MHz band was reallocated for shared Government/nonGovernment use. See Government footnotes  {O   G123 and G124. See also NTIA's Manual of Regulations & Procedures for Federal Radio Frequency Management,  yO   September 1995 Edition, Revisions for January and May 1996 at pages 463 and 464. Government radio service allocations are provided for informational purposes only.  Specifically, all existing Government   allocations and footnote references would be deleted from the 23002310 and 24002402 MHz  Xa0  0bands{Kan yO  @ԍxThe primary Government radiolocation and secondary Government fixed and mobile service allocations and   reference to footnotes US253 and G2 would be deleted from the 23002310 MHz band. The primary Government   radiolocation service allocation and reference to footnote G2 would be deleted from the 24002402 band. The text   of footnote G2 would also be updated to remove the 23002310 and 24002402 MHz bands from the list of Government radiolocation service allocations that are limited to the military services. { and reference to footnote G123 would be added to both bands. Footnote G123, which   permits Government operations in 23002310 and 24002402 MHz bands to continue only on a   noninterference basis to authorized nonGovernment operations and requires that Government   p operations not hinder the implementation of any nonGovernment operation, would also be added   to the list of Government footnotes. With regard to the 24172450 MHz band, the primary   `Government radiolocation service allocation would be downgraded to a secondary service and   reference to footnote G124 would be added. Footnote G124, which states that the 24172450   MHz band has been reallocated to shared Government/nonGovernment use, would also be added to the list of Government footnotes.  X0  X{0  pxA66.We also propose to update the entries for the 23052320 and 23452360 MHz bands   `in the nonGovernment radio service allocations' column (column 5 of the Table) in accordance   0with our proposals herein. Specifically, we propose to add the fixed, mobile, and radiolocation   @services on a primary basis to the 23052320 and 23452360 MHz bands, to delete the reference"6K,-(-(ZZ@"  X0  0to footnote US253 from the 23002310 MHz band,PLn yOy  @ԍxThe 23002310 MHz band was recently reallocated for exclusive nonGovernment use. Government   operations may continue in the 23002310 MHz band only on a noninterference basis to authorized nonGovernment  {O    `operations. See Appendix for Government footnote G123. Thus, the current requirements contained in footnote   US253 are repetitive and unneeded. (In addition, the text of footnote US253 would be deleted from the list of United States footnotes.) P to add a reference to footnote USxxx to the   23052310 MHz band, and to add a reference to footnote USyyy in the 23102320 and 23452360  X0  @MHz bands.hMzn yO  `ԍxSpecifically, the requirements currently listed in footnote US276 are proposed to be split into two footnotes,   revised footnote US276 and new footnote USyyy. This proposal is made in order to clarify that continued   aeronautical telermetering and associated telecommand operations in the 23102320 and 23452360 MHz bands are   on a secondary basis to WCS operations. The operating restrictions in the 23202345 and 23602390 MHz bands are unchanged and are contained in revised footnote US276. h Proposed United States footnote USxxx, which prohibits airborne and spaceto  Earth transmissions in the 23052310 MHz band and which also requires that WCS operations   0in the 23052310 MHz band within 50 kilometers of the Deep Space receive site located on Fort   P Irwin, California be coordinated, and proposed United States footnote USyyy, which provides for   continued secondary aeronautical telemetry use of the 23102320 and 23452360 MHz bands,   would be added to the list of United States footnotes. In addition, we propose to update the   entries for the 23052320 and 23452360 MHz bands in the rule part cross reference column (column 6 of the Table) to add a reference to the Wireless Communications Service.  X 0T IV. PROCEDURAL MATTERS ĐTP  X 0  p xB67.ExPartePresentation. This is a nonrestricted notice and comment rule making  X 0  proceeding. Exparte presentations are permitted, provided they are disclosed as provided in  X0Commission rules. See generally 47 C.F.R. Sections 1.1202, 1.1203, and 1.1206(a).  Xf0  pxC68.Authority. This action is taken pursuant to Sections 4(i), 7(a), 303(c), 303(f), 303(g),   and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 157(a),   303(c), 303(f), 303(g), and 303(r) and the Omnibus Consolidated Appropriations Act, 1997, P.L. 104208, 110 Stat. 3009 (1996).  X0  p xD69.Comment. Pursuant to applicable procedures set forth in Sections 1.415 and 1.419  X0  !of the Commission's Rules, interested parties may file comments on or before December 4, 1996 ,  X0  and reply comments on or before December 16, 1996 . All relevant and timely comments will   be considered by the Commission before final action is taken in this proceeding. To file formally   in this proceeding, participants must file an original and five copies of all comments, reply   comments, and supporting comments. If participants want each Commissioner to receive a   personal copy of their comments, an original plus ten comments must be filed. Comments and   reply comments should be sent to Office of the Secretary, Federal Communications Commission,   Washington, DC 20554. Comments and reply comments will be available for public inspection";* M,-(-(ZZP"   @during regular business hours in the FCC Reference Center (Room 239) of the Federal Communications Commission, 1919 M Street, N.W., Washington, DC 20554.  X0  p xE70.AdditionalInformation. For further information concerning this rule making   proceeding contact Tom Mooring at (202) 4182450, internet: tmooring@fcc.gov, Office of   pEngineering and Technology, or Matthew Moses or Joshua Roland at (202) 4180660, Wireless Telecommunications Bureau, Federal Communications Commission, Washington, DC 20554. x hhFEDERAL COMMUNICATIONS COMMISSION x hhWilliam F. Caton x hhActing Secretary" M,-(-(ZZ"  a0     XX #| P CP# Appendix: Proposed Rules ă  X0  P# Xj PXP#Parts 1, 2, 27, and 97 of title 47 of the Code of Federal Regulations are proposed to be amended as follows:  X0g  PART 1 -- PRACTICE AND PROCEDURE ă  X0X hp x (#%'0*,.8135@8: 2000 W ERP (3280 W EIRP)        "4 *S"H*  * Note: * * *  X0 0PFFY(2)sMobile and portable transmitting devices that operate in the Cellular Radiotelephone   Service, the Personal Communications Services (PCS), the Wireless Communications Service, the   `Satellite Communications Services, the Maritime Services (ship earth stations only) covered   Specialized Mobile Radio Service, providers authorized under subpart H of part 22, part 24, part   25, part 27, part 80, and part 90 of this chapter are subject to routine environmental evaluation   0for RF exposure prior to equipment authorization or use, as specified in sections 2.1091 and 2.1093 of this chapter. * * *  Xm0 * * * * *  X("0F  3.^New paragraph (a)(9) is added to section 1.2102 to read as follows:  X#0 F FFY  1.2102 Eligibility of applications for competitive bidding.  X%0F F FFY(a)s* * * "& M,-(-(ZZ'D"Ԍ X0F F FFY(9)sWireless Communications Service (WCS) (see part 27 of this chapter). * * * * *  X0#Xj\  P6G;XP# F    X0  '` ''hPART 2 FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; Xv0''hGENERAL RULES AND REGULATIONS   XH0'` ` 1.^The authority citation for part 2 continues to read as follows:  P^AUTHORITY: Section 4, 302, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. sections 154, 302, 303 and 307, unless otherwise noted.  X 02.^Section 2.106, the Table of Frequency Allocations, is amended as follows:  X 0a.^Remove the existing entries for 23002450 MHz.  Xy0b.^Add entries in numerical order for 23002450 MHz.  XK0 c.^In the International Footnotes under heading I., add footnotes S5.150, S5.282oo, S5.393, S5.394, S5.395, and S5.396.(#  X0 0d.^In the International Footnotes under heading II., remove footnotes   750B, 751, 751A, and 751B.  X0e.^Remove United States footnote US253.  X0f.^Add United States footnotes USxxx and USyyy.  X|0g.^Revise United States footnotes US276 and US328.  XN0h.^Add Government footnotes G120, G123 and G124.  X 0i.^Revise Government footnote G2. The revisions, deletions, and additions read as follows:  X 0  X!0 2.106 Table of Frequency Allocations  X#0* * * * * X #,7P I,P#"#!M,-(-(ZZ$D" 3'3'StandardHPLAS4.PRS 4X\ '3'3StandardE OF FREQ ALLOS8 *$"  X   # ,7P I,P# c !ddx << Addx"vvvvvvv c "    " && " International table "United States table "(FCC use designators&     &"URegion 1 allocation MHz" Region 2 allocation MHz"2Region 3 allocation MHz"`Government"YNonGovernment"G&Rule part(s)"+Specialuse frequencies(     ( &P& "w s(1)@"y  ; (2)@"T O (3)@""Allocation MHz 7(4)P"Allocation MHz - (5)P"Q' '(6)P" - -(7)(    ( &P& "v*"f *"S*"b*"0 *">'*" -*&   +  & &0&  2300!2305 FIXED MOBILE Amateur Radiolocation 0 2300!2305 FIXED MOBILE' ' RADIOLOCATION Amateur( ( S5.394 0 2300!2305ZZ  L9PFIXED@  L9KPMOBILE@ RADIOLOCATION``  L9UPAmateur@ 0 2300 ! 2305 G123 0 2300 ! 2305 Amateur 0  Amateur (97)0 &+  +  & 2305!2310 FIXED MOBILE Amateur Radiolocation  0 2305!2310 FIXED MOBILE' ' RADIOLOCATION Amateur( ( S5.394  0 2305!2310ZZ  L9 PFIXED@  L9v PMOBILE@ RADIOLOCATION``  L9 PAmateur@  0 2305 ! 2310 USxxx G123 0 2305 ! 2310 FIXED55 MOBILE RADIOLOCATIONL!L! Amateur USxxx 0  WIRELESS COMMUNICATIONS (27) Amateur (97) 0 &+    & &0&  2310!2320 FIXED MOBILE Amateur Radiolocation S5.395  2310!2320 FIXED MOBILE' ' RADIOLOCATION Amateur( ( S5.393 S5.394 S5.396 2310!2320ZZ  L9PFIXED@  L9PMOBILE@ RADIOLOCATION``  L9PAmateur@ S5.393 S5.396 2310 ! 2320 Fixed Mobile USyyy Radiolocation G2 S5.396 US327 US328 G120 2310 ! 2320 BROADCASTING SATELLITE US327 FIXED55 MOBILE USyyy RADIOLOCATIONL!L! S5.396 US328   WIRELESS COMMUNICATIONS (27)  Digital Audio Radio Services&  +   & &0&  2320!2345 FIXED MOBILE Amateur Radiolocation S5.395 0 2320!2345 FIXED MOBILE' ' RADIOLOCATION Amateur( ( S5.393 S5.394 S5.3960 2320!2345  L9PFIXED@  L9QPMOBILE@ RADIOLOCATION``  L9[PAmateur@ S5.393 S5.3960 2320!2345 Fixed Mobile US276 Radiolocation G2 S5.396 US327 US328 G1200 2320!2345 BROADCASTING SATELLITE US327 Mobile US276 S5.396 US3280 0  Digital Audio Radio Services&+    & &0&  2345!2360 FIXED MOBILE Amateur Radiolocation S5.395  2345!2360 FIXED MOBILE' ' RADIOLOCATION Amateur( ( S5.393 S5.394 S5.396 2345!2360ZZ  L9PFIXED@  L9|PMOBILE@ RADIOLOCATION``  L9PAmateur@ S5.393 S5.396 2345 ! 2360 Fixed Mobile USyyy Radiolocation G2 S5.396 US327 US328 G120 2345 ! 2360 BROADCASTING SATELLITE US327 FIXED55 MOBILE USyyy RADIOLOCATIONL!L! S5.396 US328   WIRELESS COMMUNICATIONS (27) Digital Audio Radio Services"r"M `@"&    & && " International table "United States table "(FCC use designators&     &"URegion 1 allocation MHz" Region 2 allocation MHz"2Region 3 allocation MHz"`Government"YNonGovernment"G&Rule part(s)"+Specialuse frequencies(     ( &P& "w s(1)@"y  ; (2)@"T O (3)@""Allocation MHz 7(4)P"Allocation MHz - (5)P"Q' '(6)P" - -(7)( +  ( &P0&  2360!2390 FIXED MOBILE Amateur Radiolocation 0 2360!2390 FIXED MOBILE' ' RADIOLOCATION Amateur( ( S5.394 0 2360!2390ZZ  L9PFIXED@  L9>PMOBILE@ RADIOLOCATION``  L9HPAmateur@ 0 2360 ! 2390 MOBILE US276 RADIOLOCATION G2 Fixed G1200 2360 ! 2390 MOBILE US276 0 0 &+  +  & 2390!2400 FIXED MOBILE Amateur Radiolocation p 2390!2400 FIXED MOBILE' ' RADIOLOCATION Amateur S5.394  0 2390!2400ZZ  L9PFIXED@  L9i PMOBILE@ RADIOLOCATION`` Amateur 0 2390 ! 2400 G122 0 2390 ! 2400 AMATEUR  0  AMATEUR (97) Radio Frequency Devices (15) 0 &+  +  & 2400!2402 FIXED MOBILE Amateur Radiolocation S5.150 S5.282 -0 2400!2402 FIXED MOBILE' ' RADIOLOCATION Amateur( ( S5.150 S5.282 S5.394 -0 2400!2402ZZ  L9 PFIXED@  L9 PMOBILE@ RADIOLOCATION``  L9PAmateur@ S5.150 S5.282 -0 2400 ! 2402 S5.150 G123 -0 2400 ! 2402 Amateur S5.150 S5.282 -0  Amateur (97) -0 &+  +   & 2402!2417 FIXED MOBILE Amateur Radiolocation S5.150 S5.282 X0 2402!2417 FIXED MOBILE' ' RADIOLOCATION Amateur( ( S5.150 S5.282 S5.394 X0 2402!2417ZZ  L9:PFIXED@  L9PMOBILE@ RADIOLOCATION``  L9PAmateur@ S5.150 S5.282 X0 2402 ! 2417 S5.150 G122X0 2402 ! 2417 AMATEUR S5.150 S5.282X0  AMATEUR (97) Radio Frequency Devices (15) X0 &+  +  -& 2417!2450 FIXED MOBILE Amateur Radiolocation S5.150 S5.282 0 2417!2450 FIXED MOBILE' ' RADIOLOCATION Amateur( ( S5.150 S5.282 S5.394 0 2417!2450ZZ  L9ePFIXED@  L9PMOBILE@ RADIOLOCATION``  L9PAmateur@ S5.150 S5.282 0 2417 ! 2450 Radiolocation G2 S5.150 S5.282 G1240 2417 ! 2450 Amateur S5.150 S5.2820  Amateur (97) 0 &+    X& &0& "v*"f *"S*"b*"0 *">'*" -*   X0 '3'3StandardE OF FREQ ALLOS8 *$3'3'StandardE OF FREQ ALLOS8 *$X"#  X   # Xj PXP#"#M   "  X0),T X0w #Xj PXP# Federal Communications Commission`(# FCC 96441 ă  yxdddy ) X SINTERNATIONAL FOOTNOTES T * * * * * I. "S" Numbering Scheme * * * * *  XH0` F FFYS5.150The following bands:  X10F F" 13533-13567 kHz " " (centre frequency 13560 kHz),  X 02695727283 kHz " " (centre frequency 27120 kHz),  X 040.6640.70 MHz " " (centre frequency 40.68 MHz),  X 0902928 MHz " " in Region 2 (centre frequency 915 MHz),  X 024002500 MHz " " (centre frequency 2450 MHz),  X 057255875 MHz " " (centre frequency 5800 MHz), and  X 02424.25 GHz " " (centre frequency 24.125 GHz)   are also designated for industrial, scientific and medical (ISM) applications. Radiocommunication   services operating within these bands must accept harmful interference which may be caused by   these applications. ISM equipment operating in these bands is subject to the provisions of No. 1815/S15.13. * * * * *  X0 pFFYS5.282In the bands 435-438 MHz, 1260-1270 MHz, 2400-2450 MHz, 3400-3410 MHz (in   PRegions 2 and 3 only) and 5650-5670 MHz, the amateursatellite service may operate subject to   0not causing harmful interference to other services operating in accordance with the Table (see   0No.S5.43). Administrations authorizing such use shall ensure that any harmful interference   0caused by emissions from a station in the amateursatellite service is immediately eliminated in   accordance with the provisions of No. 2741/S25.11. The use of the bands 1260-1270 MHz and 5650-5670MHz by the amateursatellite service is limited to the Earthtospace direction. * * * * *  X 0 p FFYS5.393Additionalallocation: in the United States and India, the band 2310-2360MHz is also   0allocated to the broadcasting-satellite service (sound) and complementary terrestrial sound   broadcasting service on a primary basis. Such use is limited to digital audio broadcasting and is subject to the provisions of Resolution528(WARC-92).  X"0 pFFYS5.394In the United States, the use of the band 2300-2390 MHz by the aeronautical mobile   0service for telemetry has priority over other uses by the mobile services. In Canada, the use of   Pthe band 2300-2483.5MHz by the aeronautical mobile service for telemetry has priority over other uses by the mobile services. ":&$M,-(-(ZZ`' "Ԍ X0 pFFYS5.395In France, the use of the band 2310-2360MHz by the aeronautical mobile service for telemetry has priority over other uses by the mobile service.  X0 p FFYS5.396Space stations of the broadcasting-satellite service in the band 2310-2360MHz   operating in accordance with No.S5.393 that may affect the services to which this band is   allocated in other countries shall be coordinated and notified in accordance with Resolution33.   Complementary terrestrial broadcasting stations shall be subject to bilateral coordination with neighboring countries prior to their bringing into use. * * * * *  X 0#Xj PXP#  UNITED STATES (US) FOOTNOTES TP * * * * * FFY  X 0 p`FFYUS276Except as otherwise provided for herein, use of the bands 23202345 and 23602390   MHz by the mobile service is limited to aeronautical telemetering and associated telecommand   operations for flight testing of manned or unmanned aircraft, missiles or major components   thereof. The following four frequencies are shared on a coequal basis for telemetering and   associated telecommand operations of expendable and reusable launch vehicles whether or not   0such operations involve flight testing: 2332.5, 2364.5, 2370.5, and 2382.5 MHz. All other mobile telemetering uses shall be secondary to the above uses. * * * * *  X0 pFFYUS328In the band 23202345 MHz, the mobile and radiolocation services are allocated on a   primary basis until 1 January 1997 or until broadcastingsatellite (sound) service has been brought   into use in such a manner as to affect or be affected by the mobile and radiolocation services in   `those service areas, whichever is later. The broadcastingsatellite (sound) service during   implementation should also take cognizance of the expendable and reusable launch vehicle   frequencies 2312.5, 2332.5, and 2352.5 MHz, to minimize the impact on this mobile service use to the extent possible. * * * * *  X0 ppFFYUSxxxIn the 2305-2310 MHz band, airborne and spacetoEarth operations are prohibited.   @Additionally, in the 23052310 MHz band, Wireless Communications Service operations within  X!0  50 kilometers of 35o 20' North Latitude and 116o 53' West Longitude shall be coordinated on a   casebycase basis through the frequency assignment subcommittee in order to minimize harmful interference to NASA's Goldstone Deep Space facility.  XQ%0 pFFYUSyyyThe bands 23102320 and 23452360 MHz are also available for aeronautical   `telemetering and associated telecommand operations for flight testing of manned or unmanned   aircraft, missiles or major components thereof on a secondary basis to the Wireless"#'%M,-(-(ZZp( "   Communications Service. The following two frequencies are shared on a coequal basis for   p telemetering and associated telecommand operations of expendable and reusable launch vehicles   whether or not such operations involve flight testing: 2312.5 and 2352.5 MHz. Other mobile telemetering uses may be provided on a noninterference basis to the above uses. * * * * * GOVERNMENT FOOTNOTES * * * * *  X 0 0PF" F FFYG2sIn the bands 216225, 420450 (except as provided by US217), 890902, 928942, 1300  1400, 23102390, 24172450, 27002900, 56505925, and 90009200 MHz, the Government radiolocation is limited to the military services. * * * * *  Xy0 F FS FFYG120SS|Development of airborne primary radars in the band 23102390 MHz with peak transmitter power in excess of 250 watts for use in the United States is not permitted. * * * * *  X0 0FFYG123SS|The bands 23002310 and 24002402 MHz were identified for reallocation, effective   August 10, 1995, for exclusive nonGovernment use under Title VI of the Omnibus Budget   Reconciliation Act of 1993. Effective August 10, 1995, any Government operations in these   bands are on a noninterference basis to authorized nonGovernment operations and shall not hinder the implementation of any nonGovernment operations.  X|0 FFYG124SS|The band 24172450 MHz was identified for reallocation, effective August 10, 1995, for   pmixed Government and nonGovernment use under Title VI of the Omnibus Budget Reconciliation Act of 1993.  X 0 @FS S 3.^Section 2.1091 is amended by revising the first sentence in paragraph (c) to read as follows:  X0S FS FFY 2.1091 Radiofrequency radiation exposure evaluation: mobile and unlicensed devices. FFY* * * * *  X"0 0PFS F FFY(c)sMobile devices that operate in the Cellular Radiotelephone Service, the Personal   Communications Services, the Wireless Communications Service, the Satellite Communications   Services, the Maritime Services and the Specialized Mobile Radio Service authorized under   subpart H of part 22 of this chapter, part 24 of this chapter, part 25 of this chapter, part 27 of   this chapter (only mobile devices with similar or identical operating characteristics to those   authorized under subpart H of part 22, part 24, and "covered" SMR under part 90), part 80 of"#'&M,-(-(ZZP( "   @ this chapter (ship earth station devices only) and part 90 of this chapter ("covered" SMR devices   @only, as defined in the note to Table 1 of section 1.1307(b)(1) of this chapter), are subject to   routine environmental evaluation for RF exposure prior to equipment authorization or use if their effective radiated power (ERP) is 1.5 watts or more. * * * * * * * *  X_0F  4.^Section 2.1093 is amended by revising the first sentence of paragraph (c) to read as follows:  X10 F  FFY 2.1093 Radiofrequency radiation exposure evaluation: portable devices. FFY* * * * *  X 0 0PFFY(c)sPortable devices that operate in the Cellular Radiotelephone Service, the Personal   Communications Services, the Wireless Communications Service, the Satellite Communications   services, the Maritime Services and the Specialized Mobile Radio Service authorized under   `subpart H of part 22 of this chapter, part 24 of this chapter, part 25 of this chapter, part 27 of   this chapter (only portable devices with similar or identical operating characteristics to those   authorized under subpart H of part 22, part 24, and "covered" SMR under part 90), part 80 of   this chapter (ship earth station devices only), part 90 of this chapter ("covered" SMR devices   only, as defined in the note to Table 1 of section 1.1307(b)(1) of this chapter), and portable   ` unlicensed personal communication service and millimeter wave devices authorized under section   15.253, section 15.255 or subpart D of part 15 of this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use. * * * * * * * * 5. A new part 27 is added to read as follows:  Xe0  F '` PART 27 WIRELESS COMMUNICATIONS SERVICE Đ XN0TP#Xj\  P6G;XP#  X70T '` '` #Xj\  P6G;XP# P Subpart A General Information  X 0 Sec.  X0'` ` 27.1sBasis and purpose.  X027.2sPermissible communications.  X 027.3sOther applicable rule parts.  X!027.4sTerms and definitions.  X#0;  Subpart B Applications and Licenses  XQ%0` `  27.11xInitial authorization.  X:&027.12xEligibility.  X#'027.13xLicense period."#''M,-(-(ZZP( "Ԍ X027.14xCriteria for comparative renewal proceedings.  X027.15xGeographic partitioning and spectrum disaggregation.  X027.16xFranchising  X0" Subpart C Technical Standards ă T  Xv027.51xEquipment authorization.  X_027.52xRF safety.  XH027.53xEmission limits.  X1027.54xFrequency stability.  X 027.55xField strength limits.  X 027.56xAntenna structures; air navigation safety.  X 027.57xInternational coordination.   X 0p  Subpart D -- Competitive Bidding Procedures for WCS ĐTPT  X0` S`  27.201SS|WCS subject to competitive bidding.  Xy027.202SS|Competitive bidding mechanisms.  Xb027.203SS|Withdrawal, default and disqualification payments.  XK027.204SS|Bidding application and certification procedures  X4027.205SS|Submission of upfront payments.  X027.206SS|Submission of down payment and filing of longform applications.  X027.207SS|Procedures for filing petitions to deny against longform WCS applications.  X0  X0[| Subpart E -- Application, Licensing, and Processing Rules for WCS  X0T ă  X0S` S` 27.301SS|Authorization required.  X027.302SS|Eligibility.  X|027.303SS|Formal and informal applications.  Xe027.304SS|Filing of WCS applications, fees, and numbers of copies.  XN0 P27.305SS|Standard application forms and permissive changes or minor modifications for the !! Wireless Communications Service.(#S  X 027.306SS|Miscellaneous forms.  X 027.307SS|General application requirements.  X027.308SS|Technical content of applications; maintenance of list of station locations.  X027.310SS|Waiver of rules.  X 027.311SS|Defective applications.  X!027.312SS|Inconsistent or conflicting applications.  X"0 27.313SS|Amendment of applications for Wireless Communications Service (other than applications filed on FCC Form 175).(#S  Xh$027.314SS|Application for temporary authorizations.(#S  XQ%0 27.315SS|Receipt of application; applications in the Wireless Communications Service filed on FCC Form 175 and other applications in the WCS Service.(#S  X#'027.316SS|Public notice period.(#S"#'(M,-(-(ZZP( "Ԍ X027.317SS|Dismissal and return of applications.(#S  X0 27.318SS|Opposition to applications.  X027.319SS|Ownership changes and agreements to amend or dismiss applications or pleadings.(#S  X027.320SS|Mutually exclusive applications.  X027.321SS|Consideration of applications.(#S  X027.322SS|Post-auction divestitures.(#S  Xv027.323SS|Transfer of control or assignment of station authorization.(#S  X_027.324SS|Termination of authorization.(#S  XH0  X10   AUTHORITY: 47 U.S.C. sections 154, 301, 302, 303, 307, 309 and 332, unless otherwise noted.  X 0 Subpart A General Information X 0TP  X 0S` `  ^ 27.1 Basis and purpose. ` `   ` ` ^This section contains the statutory basis for this part of the rules and provides the purpose for which this part is issued.  X40 `  ^(a)xBasis. The rules for the Wireless Communications Service (WCS) in this part are   promulgated under the provisions of the Communications Act of 1934, as amended, that vest    authority in the Federal Communications Commission to regulate radio transmission and to issue licenses for radio stations.  X0 ^(b)xPurpose. This part states the conditions under which the 23052320 MHz and 23452360 MHz bands are made available and licensed for the provision of WCS.  X|0^(c)xScope. The rules in this part apply only to stations authorized under this part.  XN0 ^ 27.2 Permissible communications.  X70  `^Subject to the rules contained herein, fixed, mobile and radiolocation services may be provided   0using the 23052320 and 23452360 MHz bands. In addition, satellite digital audio radio service   `(DARS) may be provided using the 23102320 and 23452360 MHz bands. Satellite DARS service shall be provided in manner consistent with part 25 of this chapter.  X!0^  27.3 Other applicable rule parts.  X"0  ^Other FCC rule parts applicable to the Wireless Communications Service include the following: "Q%)M,-(-(ZZp& "Ԍ X0 ^(a)xPart0. This part describes the Commission's organization and delegations of authority.   Part 0 of this chapter also lists available Commission publications, standards and procedures for access to Commission records, and location of Commission Field Offices.  X0 ^(b)xPart1. This part includes rules of practice and procedure for license applications,   adjudicatory proceedings, procedures for reconsideration and review of the Commission's actions;   Pprovisions concerning violation notices and forfeiture proceedings; competitive bidding   procedures, and the environmental requirements that, if applicable, must be complied with prior to the initiation of construction.  X 0 ^(c)xPart2. This part contains the Table of Frequency Allocations and special requirements in   international regulations, recommendations, agreements, and treaties. This part also contains   standards and procedures concerning the marketing and importation of radio frequency devices, and for obtaining equipment authorization.  X 0 ^(d)xPart 5. This part contains rules prescribing the manner in which parts of the radio frequency spectrum may be made available for experimentation.  Xb0 ^(e)xPart17. This part contains requirements for construction, marking and lighting of antenna towers.  X0 ^(f)xPart 25. This part contains the requirements for satellite communications, including the satellite DARS.  X0 ^(g)xPart68. This part contains technical standards for connection of terminal equipment to the telephone network.  X0^  27.4 Terms and definitions. ^Assigned Frequency. The center of the frequency band assigned to a station.  p^Authorized Bandwidth. The maximum width of the band of frequencies permitted to be used   by a station. This is normally considered to be the necessary or occupied bandwidth, whichever is greater.  ^Average Terrain. The average elevation of terrain between 3 and 16 kilometers from the antenna site.  ^Effective Radiated Power (e.r.p.) (in a given direction). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction.  ^Equivalent Isotropically Radiated Power (e.i.r.p.). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. "#'*M,-(-(ZZP( "Ԍ^Fixed Service. A radio communication service between specified fixed points. ^Fixed Station. A station in the fixed service. ^  ^Land Mobile Service. A mobile service between base stations and land mobile stations, or between land mobile stations.  ^Land Mobile Station. A mobile station in the land mobile service capable of surface movement within the geographic limits of a country or continent. ^Land Station. A station in the mobile service not intended to be used while in motion.  @^Mobile Service. A radio communication service between mobile and land stations, or between mobile stations.  ^Mobile Station. A station in the mobile service intended to be used while in motion or during halts at unspecified points.  ^National Geodetic Reference System (NGRS). The name given to all geodetic control data   contained in the National Geodetic Survey (NGS) data base. (Source: National Geodetic Survey, U.S. Department of Commerce)  @^Radiodetermination. The determination of the position, velocity and/or other characteristics of   an object, or the obtaining of information relating to these parameters, by means of the propagation properties of radio waves. ^Radiolocation. Radiodetermination used for purposes other than those of radionavigation.  ^Radionavigation. Radiodetermination used for the purpose of navigation, including obstruction warning.  ^Satellite Digital Audio Radio Service ("satellite DARS"). A radiocommunication service in which compact disc quality programming is digitally transmitted by one or more space stations.  ^Wireless Communications Service. A radiocommunication service that encompasses fixed, mobile, satellite DARS, and radiolocation services.  X"0;  Subpart B Applications and Licenses  X#0 T  Xh$0 ^ 27.11 Initial authorization.  X:&0^(a)xAn applicant must file an application for an initial WCS authorization. "#'+M,-(-(ZZP( "Ԍ X0 ^(b)xThe initial WCS authorizations shall be granted for XX megahertz of spectrum and shall be on a [geographical basis to be determined].  X0 ^(c)xThe initial WCS authorizations shall be a blanket license. Applications for individual sites are not required and will not be accepted.  Xv0 ^  27.12 Eligibility.  ^Any entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. section 310, is eligible to hold a license under this part.  X 0 ^ 27.13 License period. ^Licenses shall be granted for ten year terms from the date of original issuance or renewal.  X 0 ^ 27.14 Criteria for comparative renewal proceedings.  ^(a) A renewal applicant involved in a comparative renewal proceeding shall receive a   preference, commonly referred to as a renewal expectancy, which is the most important   pcomparative factor to be considered in the proceeding, if its past record for the relevant license period demonstrates that the renewal applicant:  X0 p^(1)xHas provided "substantial" service during its past license term. In addition, the   communications provided must be sound, favorable, and substantially above a level of mediocre service which might just minimally warrant renewal; and  X0 ^(2)xHas substantially complied with applicable Commission rules, policies and the Communications Act.  Xe0 ^(b)xAt five and ten years from the date of original issuance or renewal, the licensee shall   report to the Commission what it has built and the percentage of its service area population that   @it serves. The Commission shall take these reports into account during its consideration of the renewal application.  X0^  27.15 Geographic partitioning and spectrum disaggregation.  X 0^(a)xGeographic partitioning and spectrum disaggregation are permitted without restriction.  X"0 0^(b)x In the event that the WCS license is partitioned or disaggregated, any   partitionee/disaggregatee shall be authorized to hold its license for the remainder of the  Xh$0partitioner's/disaggregator's original tenyear license term.#Xj PXP# "#',M,-(-(ZZP( "Ԍ X0^  27.16 Franchising.  X0 @^ In the event that the WCS licensee franchises portions of its spectrum and geographic service   area on a leased basis, the WCS licensee shall retain ultimate responsibility for meeting  X0interference and other licensing requirements.  Xv0" Subpart C Technical Standards ă  XH0 ^ 27.51 Equipment authorization.  X 0 ^(a)xEach transmitter utilized for operation under this part and each transmitter marketed, as   set forth in section 2.803 of this chapter, must be of a type that has been authorized by the Commission under its type acceptance procedure.  X 0 ^(b)xThe Commission periodically publishes a list of type accepted equipment, entitled "Radio   0Equipment List, Equipment Accepted for Licensing." Copies of this list are available for public   0reference at the Commission's offices in Washington, D.C., at each of its field offices, and may be ordered from its copy contractor.  XK0 ^(c)xAny manufacturer of radio transmitting equipment to be used in these services may   request equipment authorization following the procedures set forth in subpart J of part 2 of this   chapter. Equipment authorization for an individual transmitter may be requested by an applicant   for a station authorization by following the procedures set forth in part 2 of this chapter. Such   @equipment if approved or accepted will not normally be included in the Commission's Radio Equipment List but will be individually enumerated on the station authorization.  X0 ^  X0 ^ 27.52 RF safety.  X0  X|0  ^Licensees and manufacturers are subject to the radio frequency radiation exposure requirements   specified in sections 1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate. Applications   `for equipment authorization of mobile or portable devices operating under this section must   contain a statement confirming compliance with these requirements for both fundamental   emissions and unwanted emissions. Technical information showing the basis for this statement must be submitted to the Commission upon request.  X0 ^ 27.53 Emission limits.  X!0 P^(a)xThe peak power of any emission outside the licensee's bands of operation shall be   attenuated below the maximum peak spectral power density (p) within the band of operation by the following amounts:  XQ%0 `^(1)xForfixedoperations: By a factor not less than 43 + 10 log (p) dB on all frequencies   between 2300 and 2305 MHz and above 2360 MHz; and not less than 70 + 10 log (p) dB on all frequencies below 2300 MHz and between 23202345 MHz band;"#'-M,-(-(ZZP( "Ԍ X0 ԙ^(2)xFormobileoperations: By a factor not less than 43 + 10 log (p) dB on all frequencies   between 2300 and 2305 MHz, between 2320 and 2345 MHz, and above 2360 MHz; and not less than 70+10log(p)dB on all frequencies below 2300 MHz;  X0 ^(3)xFor the purposes of this section, radiolocation shall be classified as either a fixed or mobile service, depending upon the application; and  X_0 ^(4)xCompliance with these provisions is based on the use of measurement instrumentation   @employing a resolution bandwidth of 1 MHz or greater. However, in the 1 MHz bands   immediately outside and adjacent to the frequency bands of operation a smaller resolution   bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the   transmitter may be employed, provided the measured energy is integrated to provide the total energy in a 1 MHz bandwidth.  X 0 p^(b)xForWCSsatelliteDARSoperations: The limits set forth in section 25.202(f) of this chapter apply.  Xy0 ^(c)xWhen measuring the emission limits, the nominal carrier frequency shall be adjusted as close the edges, both upper and lower, of the license's bands of operation as the design permits.  X40 0^(d)xWhen an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section.  X0 ^ 27.54 Frequency stability.  X0  ^The frequency stability shall be sufficient to ensure that the fundamental emissions stay within the authorized bands of operation.  X|0 ^ 27.55 Field strength limits.   ^If geographic partitioning is employed, the predicted or measured median field strength at any   location on the border of the WCS service area shall not exceed 47 dBuV/m unless the parties  X 0agree to a higher field strength.  X0 ^ 27.56 Antenna structures; air navigation safety.  ^A licensee that owns its antenna structures must not allow these antenna structures to become   a hazard to air navigation. In general, antenna structure owners are responsible for registering   @antenna structures with the FCC if required by part 17 of this chapter, and for installing and   maintaining any required marking and lighting. However, in the event of default of this   responsibility by an antenna structure owner, the FCC permittee or licensee authorized to use an   affected antenna structure will be held responsible by the FCC for ensuring that the antenna   0structure continues to meet the requirements of part 17 of this chapter. See section 17.6 of this chapter."#'.M,-(-(ZZP( "Ԍ X0 0ԙ^(a)xMarkingandlighting. Antenna structures must be marked, lighted and maintained in   Paccordance with part 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration.  X0  X0 ^(b)xMaintenancecontracts. Antenna structure owners (or licensees and permittees, in the   0event of default by an antenna structure owner) may enter into contracts with other entities to   monitor and carry out necessary maintenance of antenna structures. Antenna structure owners   (or licensees and permittees, in the event of default by an antenna structure owner) that make   such contractual arrangements continue to be responsible for the maintenance of antenna structures in regard to air navigation safety.  X 0 ^ 27.57 International coordination.   ^WCS operations shall protect existing Canadian and Mexican operations in the 23052320 and   23452360 MHz bands. WCS operations along the US/Canadian and US/Mexican border areas   shall be subject to coordination, as appropriate. In addition, satellite DARS operations on WCS spectrum shall be subject to international coordination procedures.  XK0p  Subpart D -- Competitive Bidding Procedures for WCS ă  X40 ^  X0 ^ 27.201 WCS subject to competitive bidding.  p^Mutually exclusive initial applications to provide WCS service are subject to competitive   @bidding procedures. In addition to the rules set forth in this subpart, the following competitive   bidding rules found in part 1, subpart Q of this chapter shall apply to WCS: 1.2101, 1.2102,   1.2103, 1.2104(a) through (f), (h) and (i), 1.2105(b) through (c), 1.2109 and 1.2111 of this chapter.  Xe0 ^ 27.202 Competitive bidding mechanisms.  XN0  ^In addition to the provisions of section 1.2104(a) through (f), (h) and (i), the following provisions will apply to WCS:  X0 ^(a)xTie Bids. Where a tie bid occurs, the high bidder will be determined by the order in which the bids were received by the Commission.  X!0 ^(b)xMaximum Bid Increments. The Commission may, by announcement before or during the auction, require maximum bid increments in dollar or percentage terms.  Xh$0^  27.203 Withdrawal, default and disqualification payments.  p^When the Commission conducts a simultaneous multiple round auction pursuant to section   27.202, the Commission will impose payments on bidders who withdraw high bids during the"#'/M,-(-(ZZP( "   Pcourse of an auction, or who default on payments due after an auction closes or who are disqualified.  X0 ^(a)xBid withdrawal prior to close of auction. A bidder who withdraws a high bid during the    course of an auction will be subject to a payment equal to the difference between the amount bid   and the amount of the winning bid the next time the license is offered by the Commission. No   withdrawal payment would be assessed if the subsequent winning bid exceeds the withdrawn bid.   @This payment amount will be deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission.  X 0 ^(b)xDefault or disqualification after close of auction. If a high bidder defaults or is disqualified   Pafter the close of such an auction, the defaulting bidder will be subject to the payment in   paragraph (a) of this section plus an additional payment equal to 3 percent of the subsequent   winning bid. If the subsequent winning bid exceeds the defaulting bidder's bid amount, the 3   percent payment will be calculated based on the defaulting bidder's bid amount. These amounts   P will be deducted from any upfront payments or down payments that the defaulting or disqualified bidder has deposited with the Commission.  Xb0 ^(c)xErroneous bids. If at any point during an auction an erroneous bid is withdrawn in the same round in which it was submitted, the bid withdrawal payment will be the greater of:  X0^(1)xThe minimum bid increment for that license and round; and  X0 ^(2)xThe standard bid withdrawal payment, as defined in paragraph (a) of this section,   calculated as if the bidder had made the minimum accepted bid. If an erroneous bid is withdrawn   in the round immediately following the round in which it was submitted, and the auction is in Stage I or Stage II, the withdrawal payment will be the greater of:  X|0 ^(i)xTwo times the minimum bid increment during the round in which the erroneous bid was submitted, and  X70 @^(ii)xThe standard withdrawal payment, as defined in paragraph (a) of this section, calculated   0as if the bidder had made a bid one bid increment above the minimum accepted bid. If an   Perroneous bid is withdrawn two or more rounds following the round in which it was submitted,   the bidder will not be eligible for any reduction in the bid withdrawal payment as defined in   paragraph (a) of this section. During Stage III of an auction, if an erroneous bid is not withdrawn   during the round in which it was submitted, the bidder will not be eligible for any reduction in the bid withdrawal payment as defined in paragraph (a).  X#0 ^ 27.204 Bidding application and certification procedures.  XQ%0 ^(a)xSubmission of ShortForm Application (FCC Form 175). In order to be eligible to bid,   pan applicant must timely submit, by means of electronic filing, a short-form application (FCC":&0M,-(-(ZZ`' "   pForm 175). Unless otherwise provided by public notice, the Form 175 need not be accompanied by an upfront payment (see section 27.205).  X0^(1)xAll Form 175s will be due on the date specified by public notice.  X0^(2)xThe Form 175 must contain the following information:  X_0^(i)xIdentification of each license on which the applicant wishes to bid;  X10 ^(ii)xThe applicant's name, if the applicant is an individual. If the applicant is a corporation,   then the short-form application will require the name and address of the corporate office and the   pname and title of an officer or director. If the applicant is a partnership, then the application will   require the name, citizenship and address of all partners, and, if a partner is not a natural person,   @then the name and title of a responsible person should be included as well. If the applicant is a   trust, then the name and address of the trustee will be required. If the applicant is none of the above, then it must identify and describe itself and its principals or other responsible persons;  Xy0^(iii)xThe identity of the person(s) authorized to make or withdraw a bid;  XK0 ^(iv)xCertification that the applicant is legally, technically, financially and otherwise qualified   pursuant to section 308(b) of the Communications Act of 1934, as amended. The Commission   pwill accept applications certifying that a request for waiver or other relief from the requirements of section 310 is pending;  X0 P^(v)xCertification that the applicant is in compliance with the foreign ownership provisions of section 310 of the Communications Act of 1934, as amended;  X0 ^(vi)xCertification that the applicant is and will, during the pendency of its application(s),   remain in compliance with any service-specific qualifications applicable to the licenses on which   P the applicant intends to bid including, but not limited to, financial qualifications. The Commission   may require certification in certain services that the applicant will, following grant of a license,   come into compliance with certain service-specific rules, including, but not limited to, ownership eligibility limitations;  X0 ` S ^(vii)SS|An exhibit, certified as truthful under penalty of perjury, identifying all parties with   whom the applicant has entered into partnerships, joint ventures, consortia or other agreements,   arrangements or understandings of any kind relating to the licenses being auctioned, including any such agreements relating to the post-auction market structure.  X#0  `S  ^(viii)Certification under penalty of perjury that it has not entered and will not enter into any   P explicit or implicit agreements, arrangements or understandings of any kind with any parties other   than those identified pursuant to paragraph (a)(2)(viii) of this section regarding the amount of their bids, bidding strategies or the particular licenses on which they will or will not bid; and "#'1M,-(-(ZZP( "Ԍ X0 p  ^(ix)xCertification under penalty of perjury that it is not in default on any Commission licenses and that it is not delinquent on any extension of credit from any federal agency;  P^Note to paragraph (a): The Commission may also request applicants to submit additional information for informational purposes to aid in its preparation of required reports to Congress.  Xv0 ^(b)xModification and Amendment of Application. Applicants will be permitted to amend their   @Form 175 applications to make minor amendments to correct minor errors or defects such as   typographical errors. Applicants will also be permitted to amend FCC Form 175 to make changes   Pto the information required by section 27.204(a) (such as ownership changes or changes in the   identification of parties to bidding consortia), provided such changes do not result in a change   in control of the applicant and do not involve another applicant (or parties in interest to an   applicant) who has applied for licenses in any of the same geographic license areas as the   applicant. Amendments which change control of the applicant will be considered major   `amendments. An FCC Form 175 which is amended by a major amendment will be considered   to be newly filed and cannot be resubmitted after applicable filing deadlines. Seealso section 1.2105 of this chapter.  Xb0 ^  27.205 Submission of upfront payments.  X40 p^(a)xThe Commission may require applicants for licenses subject to competitive bidding to   p submit an upfront payment. In that event, the amount of the upfront payment and the procedures   for submitting it will be set forth in a public notice. No interest will be paid on upfront payments.  X0^(b)xUpfront payments must be made by wire transfer.  X0 `^(c)xIf the applicant does not submit at least the minimum upfront payment, it will be   ineligible to bid, its application will be dismissed and any upfront payment it has made will be returned.  XN0 ^(d)xThe upfront payment(s) of a bidder will be credited toward any down payment required   for licenses on which the bidder is the high bidder. Where the upfront payment amount exceeds   the required deposit of a winning bidder, the Commission may refund the excess amount after determining that no bid withdrawal payments are owed by that bidder.  X0 ^(e)xIn accordance with the provisions of paragraph (d) of this section, in the event a payment   is assessed pursuant to section 27.203 for bid withdrawal or default, upfront payments or down   @payments on deposit with the Commission will be used to satisfy the bid withdrawal or default   payment before being applied toward any additional payment obligations that the high bidder may  X#0have. "#'2M,-(-(ZZP( "Ԍ X0 ^ 27.206 Submission of down payment and filing of long-form applications.  X0 0 ^(a)xAfter bidding has ended, the Commission will identify and notify the high bidder and declare the bidding closed.  X0 ^(b)xWithin ten (10) business days after being notified that it is a high bidder on a particular   license(s), a high bidder must submit to the Commission's lockbox bank such additional funds   (the "down payment") as are necessary to bring its total deposits (not including upfront payments   P applied to satisfy bid withdrawal or default payments) up to twenty (20) percent of its high bid(s).   This down payment must be made by wire transfer or cashier's check drawn in U.S. dollars from   a financial institution whose deposits are insured by the Federal Deposit Insurance Corporation   and must be made payable to the Federal Communications Commission. Down payments will be   held by the Commission until the high bidder has been awarded the license and has paid the   @remaining balance due on the license, in which case it will not be returned, or until the winning   bidder is found unqualified to be a licensee or has defaulted, in which case it will be returned, less applicable payments. No interest will be paid on any down payment.  Xy0 ^(c)xA high bidder that meets its down payment obligations in a timely manner must, within   p ten (10) business days after being notified that it is a high bidder, submit an additional application   (the "long-form application") pursuant to the rules governing the service in which the applicant   is the high bidder. Notwithstanding any other provision in title 47 of the Code of Federal   P Regulations to the contrary, high bidders need not submit an additional application filing fee with   Ptheir long-form applications. Notwithstanding any other provision in Title 47 of the Code of   Federal Regulations to the contrary, the high bidder's long-form application must be mailed or   otherwise delivered to: Office of the Secretary, Federal Communications Commission, Attention:   Auction Application Processing Section, 1919 M Street, N.W., Room 222, Washington, D.C.    20554. An applicant that fails to submit the required long-form application as required under this   0subsection, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and will be subject to the payments set forth in section 27.203.  XN0 0^(d)xAs an exhibit to its long-form application, the applicant must provide a detailed   Pexplanation of the terms and conditions and parties involved in any bidding consortia, joint   pventure, partnership or other agreement or arrangement it had entered into relating to the   p competitive bidding process prior to the time bidding was completed. Such agreements must have been entered into prior to the filing of short-form applications pursuant to section 27.204.  X0  X 0 ^ 27.207 Procedures for filing petitions to deny against WCS long-form applications.  X"0  ^(a)xWithin five (5) days after the Commission gives public notice that a long-form application   has been accepted for filing, petitions to deny that application may be filed. Any such petitions   pmust contain allegations of fact supported by affidavit of a person or persons with personal knowledge thereof, and be served by hand upon the applicant or its representative. ":&3M,-(-(ZZ`' "Ԍ X0 ^(b)xAn applicant may file an opposition to any petition to deny within three (3) days after the   deadline for filing petitions to deny. Allegations of fact or denials thereof must be supported by   affidavit of a person or persons with personal knowledge thereof, and such opposition must be served by hand upon the petitioner.  X0^(c)xIf the Commission determines that:  X_0 ^(1)xAn applicant is qualified and there is no substantial and material issue of fact concerning that determination, it will grant the application;  X 0 ^(2)xAn applicant is not qualified and that there is no substantial issue of fact concerning that   @ determination, the Commission need not hold a evidentiary hearing and will deny the application; and  X 0 P^(3)xSubstantial and material issues of fact require a hearing, it will conduct a hearing. The   Commission may permit all or part of the evidence to be submitted in written form and may   @permit employees other than administrative law judges to preside at the taking of written  Xy0evidence. Such hearing will be conducted on an expedited basis.#Xj PXP#  X40[| Subpart E -- Application, Licensing, and Processing Rules for WCS ă T  X0 ^ 27.301 Authorization required.  ^No person shall use or operate any device for the transmission of energy or communications by radio in the services authorized by this part except as provided in this part.  X0 ^ 27.302 Eligibility.  X|0#Xj\  P6G;XP#  Xe0^(a)xGeneral. Authorizations will be granted upon proper application if:  X70 ^(1)xThe applicant is qualified under the applicable laws and the regulations, policies and decisions issued under those laws, including sections 27.101 and 27.12;  X0^(2)xThere are frequencies available to provide satisfactory service; and  X 0^(3)xThe public interest, convenience or necessity would be served by a grant.  X"0 ^(b)xAlien ownership. A WCS authorization to provide Commercial Mobile Radio Service may not be granted to or held by:  XQ%0^(1)xAny alien or the representative of any alien;  X#'0^(2)xAny corporation organized under the laws of any foreign government;"#'4M,-(-(ZZP( "Ԍ X0 ԙ^(3)xAny corporation of which more than one-fifth of the capital stock is owned of record or   voted by aliens or their representatives or by a foreign government or representative thereof or any corporation organized under the laws of a foreign country; or  X0 `^(4)xAny corporation directly or indirectly controlled by any other corporation of which more   than one-fourth of the capital stock is owned of record or voted by aliens, their representatives,   or by a foreign government or representative thereof, or by any corporation organized under the   @laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license.  X 0 ^(c)xA WCS authorization to provide Private Mobile Radio Service may not be granted to or held by a foreign government or a representative thereof.  X 0^  27.303 Formal and informal applications.  X 0 P^(a)xExcept for an authorization under any of the conditions stated in section 308(a) of the   Communications Act of 1934 (47 U.S.C. 308(a)), the Commission may grant only upon written   0 application received by it, the following authorization: station licenses; modifications of licenses; renewals of licenses; transfers and assignments of station licenses, or any right thereunder.  X40 P^(b)xExcept as may be otherwise permitted by this part, a separate written application shall be filed for each instrument of authorization requested. Applications may be:  X0 `^(1)x"Formal applications" where the Commission has prescribed in this part a standard form; or  X0 ^(2)x"Informal applications" (normally in letter form) where the Commission has not prescribed a standard form.  Xe0^(c)xAn informal application will be accepted for filing only if:  X70^(1)xA standard form is not prescribed or clearly applicable to the authorization requested;  X 0 p^(2)xIt is a document submitted, in duplicate, with a caption which indicates clearly the nature   of the request, radio service involved, location of the station, and the application file number (if known); and  X!0 @^(3)xIt contains all the technical details and informational showings required by the rules and states clearly and completely the facts involved and authorization desired.  Xh$0^  27.304 Filing of WCS applications, fees, and numbers of copies.  X:&0 ^(a)xAs prescribed by sections 27.305 and 27.307, standard formal application forms applicable to the WCS may be obtained from either:"#'5M,-(-(ZZP( "Ԍ X0ԙ^(1)xFederal Communications Commission, Washington, DC 20554; or  X0^(2)xBy calling the Commission's Forms Distribution Center, (202) 418-3676.  X0 ^(b)xApplications for the initial provision of WCS service must be filed on FCC Form 175 in   accordance with the rules in sections 27.204 and 27.305 and part 1, subpart Q of this chapter. In   the event of mutual exclusivity between applicants filing FCC Form 175, only auction winners   will be eligible to file subsequent long form applications on FCC Form XXX for initial WCS   licenses. Mutually exclusive applications filed on Form 175 are subject to competitive bidding under those rules. WCS applicants filing Form XXX need not complete Schedule B.  X 0 ^(c)xAll applications for WCS radio station authorizations (other than applications for initial   @provision of WCS service filed on FCC Form 175) shall be submitted for filing to: Federal   `Communications Commission, Washington, DC 20554, Attention: WCS Processing Section.   Applications requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with section 0.401(b) of this chapter.  Xy0 ^(d)xAll correspondence or amendments concerning a submitted application shall clearly   identify the name of the applicant, applicant identification number or Commission file number   p(if known) or station call sign of the application involved, and may be sent directly to the Wireless Telecommunications Bureau, Washington, DC 20554, WCS Processing Section.  X0 ^(e)xExcept as otherwise specified, all applications, amendments, correspondence, pleadings   and forms (with the exception of FCC Form 175, which is to be filed electronically pursuant to   psection 27.204) shall be submitted on one original paper copy and with three microfiche copies,   including exhibits and attachments thereto, and shall be signed as prescribed by section 1.743 of   this chapter. Unless otherwise provided by the FCC, filings of five pages or less are exempt from   the requirement to submit on microfiche, as well as emergency filings like letters requesting   ` special temporary authority. Those filing any amendments, correspondence, pleadings, and forms   @ must simultaneously submit the original hard copy which must be stamped "original". In addition   to the original hard copy, those filing pleadings, including pleadings under section 1.2108 of this chapter shall also submit 2 paper copies as provided in section 1.51 of this chapter.  X 0 ^(1)xMicrofiche copies. Each microfiche copy must be a copy of the signed original. Each   @microfiche copy shall be a 148 mm 0A 105 mm negative (clear transparent characters appearing   pon an opaque background) at 240A to 270A reduction for microfiche or microfiche jackets. One   pof the microfiche sets must be a silver halide camera master or a copy made on silver halide film   such as Kodak Direct Duplicatory Film. The microfiche must be placed in paper microfiche   `envelopes and submitted in a B6 (125 mm 0A 176 mm) or 5 0A 7.5 inch envelope. All applicants   must leave Row "A" (the first row for page images) of the first fiche blank for in-house identification purposes.  X:&0 ^(2)xAll applications and all amendments must have the following information printed on the mailing envelope, the microfiche envelope, and on the title area at the top of the microfiche:"#'6M,-(-(ZZP( "Ԍ X0ԙ^(i)xThe name of the applicant;  X0^(ii)xThe type of application (e.g. nationwide, regional, etc.);  X0^(iii)xThe month and year of the document;  Xv0^(iv)xName of the document;  XH0^(v)xFile number, applicant identification number, and call sign, if assigned; and  X 0^(vi)xEach microfiche copy of pleadings shall include:  X 0^(A)xThe month and year of the document;  X 0^(B)xName of the document;  X0^(C)xName of the filing party; and  Xb0^(D)xFile number, applicant identification number, and call sign, if assigned;  X40 @# ^  27.305 Standard application forms and permissive changes or minor modifications for  X0the Wireless Communications Service.  X0 0^(a)xApplications for the initial provision of WCS service must be filed electronically on FCC Forms 175 and 175-S.  X0 ^(b)xSubsequent application by auction winners or non-mutually exclusive applicants for WCS   radio station(s) under part 27. FCC Form XXX ("Application for New or Modified Wireless   Communications Service Under Part 27") shall be submitted by each auction winner for each   WCS license applied for on FCC Form 175. In the event that mutual exclusivity does not exist   between applicants filing FCC Form 175, the Commission will so inform the applicant and the   applicant will also file FCC Form XXX. Blanket licenses are granted for each market frequency   pblock. Applications for individual sites are not needed and will not be accepted. See section 27.11. WCS applicants filing Form XXX need not complete Schedule B.  X0^  27.306 Miscellaneous forms.  X!0 @^(a)xLicensee qualifications. FCC Form 430 ("Common Carrier and Satellite Radio Licensee   Qualifications Report") shall be filed by Wireless Communications Service licensees only as   0required by Form 490 (Application for Assignment or Transfer of Control Under part 22 of this chapter).  X:&0 ^(b)xRenewal of station license. Except for renewal of special temporary authorizations, FCC   Form 405 ("Application for Renewal of Station License") must be filed in duplicate by the"#'7M,-(-(ZZP( "   licensee between thirty (30) and sixty (60) days prior to the expiration date of the license sought to be renewed.  X0^  27.307 General application requirements.  X0 0^(a)xEach application (including applications filed on Forms 175 and XXX) for a radio station   authorization or for consent to assignment or transfer of control in the WCS shall disclose fully the real party or parties in interest and must include the following information:  X10 ^(1)xA list of its subsidiaries, if any. Subsidiary means any business five per cent or more   whose stock, warrants, options or debt securities are owned by the applicant or an officer,   pdirector, stockholder or key management personnel of the applicant. This list must include a   description of each subsidiary's principal business and a description of each subsidiary's relationship to the applicant.  X 0  ^(2)xA list of its affiliates, if any. Affiliates means any business which holds a five percent or   more interest in the applicant, or any business in which a five percent or more interest is held by   another company which holds a five percent interest in the applicant (e.g. Company A owns 5% of Company B and 5% of Company C; Companies B and C are affiliates).  X40 0^(3)xA list of the names, addresses, citizenship and principal business of any person holding   five percent or more of each class of stock, warrants, options or debt securities together with the   amount and percentage held, and the name, address, citizenship and principal place of business   0of any person on whose account, if other than the holder, such interest is held. If any of these persons are related by blood or marriage, include such relationship in the statement.  X0 ^(4)xIn the case of partnerships, the name and address of each partner, each partner's   citizenship and the share or interest participation in the partnership. This information must be   provided for all partners, regardless of their respective ownership interests in the partnership. A   signed and dated copy of the partnership agreement must be included in the application. This information must be included in Exhibit V of the application.  X 0^(b)xEach application for a radio station authorization in the WCS must:  X0  ^(1)xSubmit the information required by the Commission's rules, requests, and application forms;  X!0 ^(2)xBe maintained by the applicant substantially accurate and complete in all significant respects in accordance with the provisions of section 1.65 of this chapter; and  Xh$0^(3)xShow compliance with and make all special showings that may be applicable. "Q%8M,-(-(ZZp& "Ԍ X0 ^(c)xWhere documents, exhibits, or other lengthy showings already on file with the   Commission contain information which is required by an application form, the application may specifically refer to such information, if:  X0 @^(1)xThe information previously filed is over one A4 (21 cm x 29.7 cm) or 8.5 x 11 inch (21.6   cm x 27.9 cm) page in length, and all information referenced therein is current and accurate in all significant respects under section 1.65 of this chapter; and  XH0 ^(2)xThe reference states specifically where the previously filed information can actually be found, including mention of:  X 0 ^(i)xThe station call sign or application file number whenever the reference is to station files or previously filed applications; and  X 0  ^(ii)xThe title of the proceeding, the docket number, and any legal citations, whenever the   reference is to a docketed proceeding. However, questions on an application form which call for   specific technical data, or which can be answered by a "yes" or "no" or other short answer shall be answered as appropriate and shall not be cross-referenced to a previous filing.  XK0 ^(d)xIn addition to the general application requirements of subpart F of this part and section   P1.2105 of this chapter, applicants shall submit any additional documents, exhibits, or signed written statements of fact:  X0^(1)xAs may be required by these rules; and  X0 ^(2)xAs the Commission, at any time after the filing of an application and during the term of   any authorization, may require from any applicant, permittee, or licensee to enable it to determine whether a radio authorization should be granted, denied, or revoked.  Xe0 ^(e)xExcept when the Commission has declared explicitly to the contrary, an informational   requirement does not in itself imply the processing treatment of decisional weight to be accorded the response.  X 0 0^(f)xAll applicants (except applicants filing FCC Form 175) are required to indicate at the time   their application is filed whether or not a Commission grant of the application may have a   significant environmental impact as defined by section 1.1307 of this chapter. If answered   @affirmatively, the requisite environmental assessment as prescribed in section 1.1311 of this   chapter must be filed with the application and Commission environmental review must be   P completed prior to construction. See section 1.1312 of this chapter. All WCS licensees are subject   to a continuing obligation to determine whether subsequent construction may have a significant   0environmental impact prior to undertaking such construction and to otherwise comply with sections 1.1301 through 1.1319 of this chapter. See section 1.1312 of this chapter. "#'9M,-(-(ZZP( "Ԍ X0^  27.308 Technical content of applications; maintenance of list of station locations.  ^All applications required by this part shall contain all technical information required by the   papplication forms or associated public notice(s). Applications other than initial applications for   a WCS license must also comply with all technical requirements of the rules governing the WCS (see subparts C and D as appropriate).  X_0 ^27.310 Waiver of rules.  X10^(a)xRequest for waivers.  X 0 ^(1)xWaivers of these rules may be granted upon application or by the Commission on its own   pmotion. Requests for waivers shall contain a statement of reasons sufficient to justify a waiver. Waivers will not be granted except upon an affirmative showing:  X 0 0^(i)xThat the underlying purpose of the rule will not be served, or would be frustrated, by its   application in a particular case, and that grant of the waiver is otherwise in the public interest; or  XK0 ^(ii)xThat the unique facts and circumstances of a particular case render application of the rule   inequitable, unduly burdensome or otherwise contrary to the public interest. Applicants must also show the lack of a reasonable alternative.  X0 ^(2)xIf the information necessary to support a waiver request is already on file, the applicant may cross-reference to the specific filing where it may be found.  X0 ^(b)xDenial of waiver, alternate showing required. If a waiver is not granted, the application   will be dismissed as defective unless the applicant has also provided an alternative proposal which complies with the Commission's rules (including any required showings).  XN0^  27.311 Defective applications.  X 0 `^(a)xUnless the Commission shall otherwise permit, an application will be unacceptable for   filing and will be returned to the applicant with a brief statement as to the omissions or discrepancies if:  X 0 p^(1)xThe application is defective with respect to completeness of answers to questions, informational showings, execution, or other matters of a formal character; or  X#0 p^(2)xThe application does not comply with the Commission's rules, regulations, specific   requirements for additional information or other requirements. See also section 1.2105 of this chapter. ":&:M,-(-(ZZ`' "Ԍ X0 ^(b)xSome examples of common deficiencies which result in defective applications under paragraph (a) of this section are:  X0^(1)xThe application is not filled out completely and signed; or  X0  e(2)The application (other an application filed on FCC Form 175) does not include an  P"environmental assessment as required for an action that may have a significant impact upon the environment, as defined in section 1.1307 of this chapter.  X10  e(3)The application is filed prior to the public notice issued under section 27.317 announcing  P"@ the application filing date for the relevant auction or after the cutoff date prescribed in that public notice;  X 0  @e(c)If an applicant is requested by the Commission to file any documents or any  P"supplementary or explanatory information not specifically required in the prescribed application  P"form, a failure to comply with such request within a specified time period will be deemed to render the application defective and will subject it to dismissal.  Xy0  Xb0e 27.312 Inconsistent or conflicting applications.  P!eWhile an application is pending and undecided under part 27, no subsequent inconsistent or  P"` conflicting application may be filed by the same applicant, his successor or assignee, or on behalf or for the benefit of the same applicant, his successor or assignee.  X0 P" #   27.313 Amendment of applications for Wireless Communications Service (other than  X0applications filed on FCC Form 175).  P!eThis section applies to all applications for Wireless Communications Service other than applications filed on FCC Form 175.  XN0  e(a)Amendments as of right. A pending application may be amended as a matter of right if the application has not been designated for hearing.  X 0e(1)Amendments shall comply with section 27.319, as applicable; and  X0  e(2)Amendments which resolve interference conflicts or amendments under section 27.319 may be filed at any time.  X"0  e(b)The Commission or the presiding officer may grant requests to amend an application  P"`designated for hearing only if a written petition demonstrating good cause is submitted and properly served upon the parties of record. "Q%;M,-(-(ZZp& "Ԍ X0  Pe(c)Major amendments, minor amendments. The Commission will classify all amendments  P"as minor except in the cases listed below. An amendment shall be deemed to be a major amendment subject to section 27.317 under any of the following circumstances:  X0  0e(1)Change in technical proposal. If the amendment results in a substantial change in the  P"engineering proposal such as (but not necessarily limited to) a change in, or an addition of, a radio frequency;  XH0  @e(2)Amendment to proposed service area. If the amendment extends the reliable service area  P"of the proposed facilities outside its EA or other applicable market area as defined in section 27.102; or  X 0e(3)A substantial change in ownership or control.  X 0  e(d)If a petition to deny (or other formal objection) has been filed, any amendment, requests  P"Pfor waiver, (or other written communications) shall be served on the petitioner by hand, unless  P"waiver of this requirement is granted pursuant to paragraph (e) of this section. See also section 1.2108 of this chapter.  XK0  e(e)The Commission may waive the service requirements of paragraph (d) of this section and  P"prescribe such alternative procedures as may be appropriate under the circumstances to protect  P"petitioners' interests and to avoid undue delay in a proceeding, if an applicant submits a request for waiver which demonstrates that the service requirement is unreasonably burdensome.  X0  e(f)Any amendment to an application shall be signed and shall be submitted in the same  P"manner, and with the same number of copies, as was the original application. Amendments may be made in letter form if they comply in all other respects with the requirements of this chapter.  X|0  e(g)An application will be considered to be a newly filed application if it is amended by a major amendment (as defined in this section), except in the following circumstances:  X70  e(1)The amendment reflects only a change in ownership or control found by the Commission to be in the public interest;  X0  e(2)The amendment corrects typographical transcription, or similar clerical errors which are  P"clearly demonstrated to be mistakes by reference to other parts of the application, and whose discovery does not create new or increased frequency conflicts;  X"0  0e(3)The amendment does not create new or increased frequency conflicts, and is demonstrably  P"necessitated by events which the applicant could not have reasonably foreseen at the time of filing, such as, for example:  X:&0  e(i)The loss of a transmitter or receiver site by condemnation, natural causes, or loss of lease or option; or"#'<M,-(-(ZZP( "Ԍ X0  ԙe(ii)Obstruction of a proposed transmission path caused by the erection of a new building or other structure.  X0e  27.314 Application for temporary authorizations.  X0  Pe(a)In circumstances requiring immediate or temporary use of facilities, request may be made  P"@for special temporary authority to install and/or operate new or modified equipment. Any such  P" request may be submitted as an informal application in the manner set forth in section 27.303 and  P"must contain full particulars as to the proposed operation including all facts sufficient to justify  P" the temporary authority sought and the public interest therein. No such request will be considered  P"unless the request is received by the Commission at least 10 days prior to the date of proposed  P"construction or operation or, where an extension is sought, expiration date of the existing  P"temporary authorization. A request received within less than 10 days may be accepted upon due showing of sufficient reasons for the delay in submitting such request.  X 0  e(b)Special temporary authorizations may be granted without regard to the 30-day public notice requirements of section 27.317 when:  Xb0  e(1)The authorization is for a period not to exceed 30 days and no application for regular operation is contemplated to be filed;  X0  e(2)The authorization is for a period not to exceed 60 days pending the filing of an application for such regular operation;  X0  e(3)The authorization is to permit interim operation to facilitate completion of authorized construction or to provide substantially the same service as previously authorized; or  X0  e(4)The authorization is made upon a finding that there are extraordinary circumstances  P"requiring operation in the public interest and that delay in the institution of such service would seriously prejudice the public interest.  X70  @e(c)Temporary authorizations of operation not to exceed 180 days may be granted under the  %standards of section 309(f) of the Communications Act where extraordinary circumstances so  %prequire. Extensions of the temporary authorization for a period of 180 days each may also be  % granted, but the renewal applicant bears a heavy burden to show that extraordinary circumstances warrant such an extension.  X!0 " m(d)In cases of emergency found by the Commission, involving danger to life or property or  %pdue to damage of equipment, or during a national emergency proclaimed by the president or  %declared by the Congress or during the continuance of any war in which the United States is  %engaged and when such action is necessary for the national defense or safety or otherwise in  %furtherance of the war effort, or in cases of emergency where the Commission finds that it would  %@not be feasible to secure renewal applications from existing licensees or otherwise to follow  %0normal licensing procedure, the Commission will grant radio station authorizations and station"#'=M,-(-(ZZP( "  %`licenses, or modifications or renewals thereof, during the emergency found by the Commission  %or during the continuance of any such national emergency or war, as special temporary licenses,  %only for the period of emergency or war requiring such action, without the filing of formal applications.  X0 p$" m  27.316 Receipt of application; applications in the Wireless Communications Service  Xv0filed on FCC Form 175 and other applications in the WCS Service.  XH0 "m(a)All applications for the initial provision of WCS service must be submitted by means of  %electronic filing on FCC Forms 175 and 175-S. Mutually exclusive initial applications in the  %`Wireless Communications Service are subject to competitive bidding. FCC Form XXX  %("Application for New or Modified Subscription Radio Service Radio Station Under Part 27")  %@must be submitted by each winning bidder for each WCS license applied for on FCC Form 175.  %@In the event that mutual exclusivity does not exist between applicants filing FCC Form 175, the  %papplicant will also file FCC Form 401. The aforementioned Forms 175, 175-S, and XXX are  % subject to the provisions of part 1, subpart Q of this chapter ("Competitive Bidding Proceedings")  %@and subpart D of this part. Blanket licenses are granted for each market frequency block. Applications for individual sites are not needed and will not be accepted. See section 27.11.  XK0 "m(b)Applications received for filing are given a file number. The assignment of a file number  %to an application is merely for administrative convenience and does not indicate the acceptance  %0of the application for filing and processing. Such assignment of a file number will not preclude  %the subsequent return or dismissal of the application if it is found to be defective or not in accordance with the Commission's rules.  X0 "m(c)Acceptance of an application for filing merely means that it has been the subject of a  %preliminary review as to completeness. Such acceptance will not preclude the subsequent return  % or dismissal of the application if it is found to be defective or not in accordance with the Commission's rules.  XN0 m 27.317 Public notice period.  X 0m(a)At regular intervals, the Commission will issue a public notice listing:  X0m(1)The acceptance for filing of all applications and major amendments thereto;  X 0m(2)Significant Commission actions concerning applications listed as acceptable for filing;  X"0 "0m(3)Information which the Commission in its discretion believes of public significance. Such  %@notices are solely for the purpose of informing the public and do not create any rights in an applicant or any other person; or  X:&0m(4)Special environmental considerations as required by part 1 of this chapter. "#'>M,-(-(ZZP( "Ԍ X0 "pm(b)The Commission will not grant any application until expiration of a period of seven (7)  %days following the issuance date of a public notice listing the application, or any major  %amendments thereto, as acceptable for filing. Provided, that the Commission will not grant an  %application filed on Form XXX filed either by a winning bidder or by an applicant whose Form  %175 application is not mutually exclusive with other applicants, until the expiration of a period  %@of forty (40) days following the issuance of a public notice listing the application, or any major amendments thereto, as acceptable for filing. See also section 27.207.  XH0 "m(c)As an exception to paragraphs (a)(1), (a)(2) and (b) of this section, the public notice provisions are not applicable to applications:  X 0 "m(1)For authorization of a minor technical change in the facilities of an authorized station  %where such a change would not be classified as a major amendment (as defined by section 27.314) were such a change to be submitted as an amendment to a pending application;  X 0 "m(2)For issuance of a license subsequent to a radio station authorization or, pending  %0application for a grant of such license, any special or temporary authorization to permit interim  % operation to facilitate completion of authorized construction or to provide substantially the same service as would be authorized by such license;  X40m(3)For extension of time to complete construction of authorized facilities, see section 27.104;  X0m(4)For temporary authorization pursuant to section 27.315;  X0 "m(5)For an authorization under any of the proviso clauses of section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a));  X0 " m(6)For consent to an involuntary assignment or transfer of control of a radio authorization; or  XN0 "m(7)For consent to a voluntary assignment or transfer of control of a radio authorization, where the assignment or transfer does not involve a substantial change in ownership or control.  X 0 m  27.318 Dismissal and return of applications.  X0  X0 "m(a)Any application may be dismissed without prejudice as a matter of right if the applicant  %Prequests its dismissal prior to designation for hearing or, in the case of applications filed on  %Forms 175 and 175-S, prior to auction. An applicant's request for the return of his application  %after it has been accepted for filing will be considered to be a request for dismissal without  % prejudice. Applicants requesting dismissal of their applications are also subject to section 1.2104 of this chapter.  X:&0 "m(b)A request to dismiss an application without prejudice will be considered after designation for hearing only if:"#'?M,-(-(ZZP( "Ԍ X0 "pԙm(1)A written petition is submitted to the Commission and is properly served upon all parties of record; and  X0m(2)The petition complies with the provisions of this section and demonstrates good cause.  X0 "Pm(c)The Commission will dismiss an application for failure to prosecute or for failure to  %respond substantially within a specified time period to official correspondence or requests for  %additional information. Dismissal shall be without prejudice if made prior to designation for  %hearing or prior to auction, but dismissal may be made with prejudice for unsatisfactory  %compliance or after designation for hearing or after the applicant is notified that it is the winning bidder under the auction process.  X 0  27.319 Ownership changes and agreements to amend or to dismiss applications or  X 0m pleadings.  p$@n!Y; m(a) Applicability. Subject to the provisions of  1.2105 of this chapter (Bidding Application  %and Certification Procedures; Prohibition of Collusion), this section applies to applicants and all  % other parties interested in pending applications who wish to resolve contested matters among  %pthemselves with a formal or an informal agreement or understanding. This section applies only  XK0when the agreement or understanding will result in:  p$m(1) A major change in the ownership of an applicant to which  27.313(c) and 27.313(g)  X0 % apply or which would cause the applicant to lose its status as a designated entity under 27.XXX, or  p$n!Y; m(2) The individual or mutual withdrawal, amendment or dismissal of any pending application, amendment, petition or other pleading.  p$`m(b) The provisions of 22.129 of the Commission's Rules will apply in the event of the filing  %of petitions to deny or other pleadings or informal objections filed against WCS applications.  %@The provisions of 22.129 of the Commission's Rules will apply in the event of dismissal of  %pWCS applications. n!Y;   n!Y; The provisions of 22.129(c) of the Commission's Rules will apply in the  %pevent of threats to file petitions to deny or other pleadings or informal objections against WCS applications.  X0 m 27.320 Opposition to applications.  X 0  X!0 "0m(a)Petitions to deny (including petitions for other forms of relief) and responsive pleadings for Commission consideration must comply with section 27.207 and must:  Xh$0 "m(1)Identify the application or applications (including applicant's name, station location, Commission file numbers and radio service involved) with which it is concerned; ":&@M,-(-(ZZ`' "Ԍ X0 "m(2)Be filed in accordance with the pleading limitations, filing periods, and other applicable  %@provisions of sections 1.41 through 1.52 of this chapter except where otherwise provided in section 27.207;  X0 "pm(3)Contain specific allegations of fact which, except for facts of which official notice may  %P be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof,  %@and which shall be sufficient to demonstrate that the petitioner (or respondent) is a party in  %@ interest and that a grant of, or other Commission action regarding, the application would be prima facie inconsistent with the public interest;  X 0 "m(4)Be filed within five (5) days after the date of public notice announcing the acceptance for  %filing of any such application or major amendment thereto (unless the Commission otherwise extends the filing deadline); and  X 0 "m(5)Contain a certificate of service showing that it has been hand delivered to the applicant no later than the date of filing thereof with the Commission.  Xy0 "`m(b)A petition to deny a major amendment to a previously filed application may only raise  %pmatters directly related to the amendment which could not have been raised in connection with  %` the underlying, previously filed application. This does not apply to petitioners who gain standing because of the major amendment.  X0 "@m(c)Parties who file frivolous petitions to deny may be subject to sanctions including monetary  %forfeitures, n!Y;   n!Y; license revocation, if they are FCC licensees, and may be prohibited from participating in future auctions.  X0 m 27.321 Mutually exclusive applications.  X|0 "m(a)The Commission will consider applications to be mutually exclusive if their conflicts are  %such that the grant of one application would effectively preclude by reason of harmful electrical  %interference, or other practical reason, the grant of one or more of the other applications. The  %pCommission will presume "harmful electrical interference" to mean interference which would  %result in a material impairment to service rendered to the public despite full cooperation in good  %faith by all applicants or parties to achieve reasonable technical adjustments which would avoid electrical conflict.  X 0 "m(b)Mutually exclusive applications filed on Form 175 for the initial provision of WCS service  %` are subject to competitive bidding in accordance with the procedures in subpart F of this part and in part 1, subpart Q of this chapter.  Xh$0 "Pm(c)An application will be entitled to comparative consideration with one or more conflicting  %Papplications only if the Commission determines that such comparative consideration will serve the public interest. "#'AM,-(-(ZZP( "Ԍ X0m  27.322 Consideration of applications.  X0 "pm(a)Applications for an instrument of authorization will be granted if, upon examination of  %0the application and upon consideration of such other matters as it may officially notice, the  %PCommission finds that the grant will serve the public interest, convenience, and necessity. See also section 1.2108 of this chapter.  X_0 "`m(b)The grant shall be without a formal hearing if, upon consideration of the application, any  %@pleadings or objections filed, or other matters which may be officially noticed, the Commission finds that:  X 0 "m(1)The application is acceptable for filing, and is in accordance with the Commission's rules, regulations, and other requirements;  X 0 "0m(2)The application is not subject to a post-auction hearing or to comparative consideration pursuant to section 27.322 with another application(s);  Xy0 "m(3)A grant of the application would not cause harmful electrical interference to an authorized station;  X40m(4)There are no substantial and material questions of fact presented; and  X0m(5)The applicant is qualified under current FCC regulations and policies.  X0 "pm(c)If the Commission should grant without a formal hearing an application for an instrument  %of authorization which is subject to a petition to deny filed in accordance with section 27.319,  %the Commission will deny the petition by the issuance of a Memorandum Opinion and Order  %which will concisely report the reasons for the denial and dispose of all substantial issues raised by the petition.  XN0 "m(d)Whenever the Commission, without a formal hearing, grants any application in part, or  %subject to any terms or conditions other than those normally applied to applications of the same  %type, it shall inform the applicant of the reasons therefor, and the grant shall be considered final  %`unless the Commission should revise its action (either by granting the application as originally  %requested, or by designating the application for a formal evidentiary hearing) in response to a petition for reconsideration which:  X!0 "m(1)Is filed by the applicant within thirty (30) days from the date of the letter or order giving the reasons for the partial or conditioned grant;  Xh$0 "m(2)Rejects the grant as made and explains the reasons why the application should be granted as originally requested; and,  X#'0m(3)Returns the instrument of authorization."#'BM,-(-(ZZP( "Ԍ X0 "Pԙm(e)The Commission will designate an application for a formal hearing, specifying with  %particularity the matters and things in issue, if, upon consideration of the application, any  %@pleadings or objections filed, or other matters which may be officially noticed, the Commission determines that:  X0 "m(1)A substantial and material question of fact is presented (see also section 1.2108 of this chapter);  XH0 "Pm(2)The Commission is unable for any reason to make the findings specified in paragraph (a)  %of this section and the application is acceptable for filing, complete, and in accordance with the Commission's rules, regulations, and other requirements; or  X 0 "m(3)The application is entitled to comparative consideration (under section 27.321) with another application (or applications).  X 0 "m(f)The Commission may grant, deny or take other action with respect to an application designated for a formal hearing pursuant to paragraph (e) of this section or part 1 of this chapter.  Xb0 "m(g)Reconsideration or review of any final action taken by the Commission will be in accordance with part 1, subpart A of this chapter.  X0 m 27.323 Post-auction divestitures.  X0  p$mAny parties sharing a common non-controlling ownership interest who aggregate more WCS  %spectrum among them than a single entity is entitled to hold will be permitted to divest sufficient  %Pproperties within 90 days of the license grant to come into compliance with the spectrum aggregation limits as follows:  X|0 "m(a)The WCS applicant shall submit a signed statement with its long-form application stating  %that sufficient properties will be divested within 90 days of the license grant. If the licensee is  %otherwise qualified, the Commission will grant the applications subject to a condition that the  % licensee come into compliance with the WCS spectrum aggregation limits within 90 days of grant.  X0 "m(b)Within 90 days of license grant, the licensee must certify that the applicant and all parties  %Pto the application have come into compliance with the WCS spectrum aggregation limits. If the  %`licensee fails to submit the certification within 90 days, the Commission will immediately cancel  %@ all broadband WCS licenses won by the applicant, impose the default payment and, based on the  %`facts presented take any other action it may deem appropriate. Divestiture may be to an interim  % trustee if a buyer has not been secured in the required time frame, as long as the applicant has  %no interest in or control of the trustee, and the trustee may dispose of the property as it sees fit. In no event may the trustee retain the property for longer than six months from grant of license.  n!Y;  "#'CM,-(-(ZZP( "Ԍ X0ԙ m 27.324 Transfer of control or assignment of station authorization.  X0  X0 "m(a)Authorizations shall be transferred or assigned to another party, voluntarily (for example,  % by contract) or involuntarily (for example, by death, bankruptcy, or legal disability), directly or  %indirectly or by transfer of control of any corporation holding such authorization, only upon  %@application and approval by the Commission. A transfer of control or assignment of station  %authorization in the Wireless Communications Service is also subject to section 1.2111 of this chapter (Assignment or transfer of control: unjust enrichment)  X10 "m(1)A change from less than 50% ownership to 50% or more ownership shall always be considered a transfer of control.  X 0 " m(2)In other situations a controlling interest shall be determined on a case- by-case basis  %considering the distribution of ownership, and the relationships of the owners, including family relationships.  X0m(b)Form required:  Xb0m(1)Assignment.  XK0  X40m(i)FCC Form 490 shall be filed to assign a license or permit.  X0 "m(ii)In the case of involuntary assignment, FCC Form 490 shall be filed within 30 days of the event causing the assignment.  X0m(2)Transfer of control.  X0 "m(i)FCC Form 490 shall be submitted in order to transfer control of a corporation holding a license or permit.  XN0 " m(ii)In the case of involuntary transfer of control, FCC Form 490 shall be filed within 30 days of the event causing the transfer.  X 0 "Pm(3)Form 430. Whenever an application must be filed under paragraphs (a)(1) or (a)(2) of this  % section, the assignee or transferee shall file FCC Form 430 ("Common Carrier Radio License Qualification Report") unless an accurate report is on file with the Commission.  X!0 "m(4)Notification of completion. The Commission shall be notified by letter of the date of completion of the assignment or transfer of control.  Xh$0 "m(5)If the transfer of control of a license is approved, the new licensee is held to the original build-out requirement of section 27.104. ":&DM,-(-(ZZ`' "Ԍ X0 "m(c)In acting upon applications for transfer of control or assignment, the Commission will not  % consider whether the public interest, convenience, and necessity might be served by the transfer or assignment of the authorization to a person other than the proposed transferee or assignee.  X0 " m(d)Applicants seeking to transfer their licenses within three years after the initial license grant  % date are required to file, together with their transfer application, the associated contracts for sale,  %option agreements, management agreements, and all other documents disclosing the total consideration to be received in return for the transfer of the license.  X10 m 27.325 Termination of authorization.  p$m(a)(1) All authorizations shall terminate on the date specified on the authorization or on the date specified by these rules, unless a timely application for renewal has been filed.  X 0 "m(2)If no application for renewal has been made before the authorization's expiration date, a  %late application for renewal will only be considered if it is filed within 30 days of the expiration  %@date and shows that the failure to file a timely application was due to causes beyond the  %applicant's control. During this 30 day period reinstatement applications must be filed on FCC  %Form 489. Service to subscribers need not be suspended while a late filed renewal application  %is pending, but such service shall be without prejudice to Commission action on the renewal  %`application and any related sanctions. See also section 27.14 (Criteria for Comparative Renewal Proceedings).  X0 "m(b)Special Temporary Authority. A special temporary authorization shall automatically terminate upon failure to comply with the conditions in the authorization.  X0  PART 97 AMATEUR RADIO SERVICE ă  Xe01.mThe authority citation for part 97 continues to read as follows:  p$mAUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. Interpret or apply 48 Stat. 10641068, 10811105, as amended; 47 U.S.C. 151155, 301609, unless otherwise noted.  X02.mSection 97.303(j)(2) is revised to read as follows:  X0  X 0m  97.303 Frequency sharing requirements. * * * * *  Xh$0m(j)* * *  X:&0 "pm(2)The 23002310 MHz segment is allocated to the amateur service on a secondary basis.  % The 23902400 MHz and 24022417 MHz segments are allocated to the amateur service on a"#'EM,-(-(ZZP( "  %pprimary basis. No amateur station transmitting in the 24002450 MHz segment is protected from interference due to the operation of industrial, scientific, and medical devices on 2450 MHz. * * * * *  n!Y; "FM,-(-(ZZ "  a@B#_ p Q"##Separate Statement of Commissioner James H. Quello  ?@#Xx6X@DQ2X@#  Yv0mw qqqqq#X PjQXP#qNovember 12, 1996#Xx6X@DQ2X@#(#  W'0#XQo=  x7.QcXX#Re: In the Matter of Amendment of the Commission's Rules to Establish Part 27,  Y@the Wireless Communications Service,#Xx6X@DQ2X@# #X PjQXP#GN Docket No. 96228  Y 0 %P The underlying statutory basis for this #XQo=  x7.QcXX#Notice of Proposed Rulemaking#X PjQXP# is unusual in several  %p! respects. Significantly, the relevant sections of the Omnibus Consolidated Appropriations Act  %0 of 1997 are highly specific. Congress directed the Federal Communications Commission to  %! reallocate the 23052320 and 23452360 MHz frequency bands to wireless service and to assign  Y 0 % the use of such frequencies by auction.M n T0ԍ #&Ko=  x7.Q&X#See supra#& PjQb&P# at Section II, subpart A.#Xx6X@DQ2X@# Furthermore, I am mindful that, for the first time,  %! Congress directed this Commission to take into account the communications needs of the public  Y\0 % safety providers.\jn Tw0ԍ #&Ko=  x7.Q&X#Id.#& PjQb&P# at paras. 1922. Accordingly, we draw very few tentative conclusions; instead, we seek  %! comment on many alternative proposals and invite suggestions for other regulatory schema. We  % are issuing this NPRM at this time to comply with corollary statutory requirements that the  %0! FCC begin the auction of these frequencies by no later than April 15, 1997 and ensure that all  Y0proceeds be deposited by no later than September 30, 1997. n Y0ԍ #&Ko=  x7.Q&X#Id. #XR,  P7jQXP#at #&K,  P7jQb&P#Section II, subpart A.  % Although I support the issuance of this NPRM as the initial step in creating the new Wireless  % Communications Service, I write separately to reiterate my concern that other Commission  %! processes, including licensing of other wireless services for which auctions have already been  % concluded, not be impeded or delayed. I refer, specifically, to the licensing of the successful  % ! bidders in the "C block" PCS auctions. Moreover, I note that we will soon begin licensure of the D, E, and F Block PCS winners.  %P This Commission is in the middle of assigning significant amounts of new spectrum to  % potentially competitive wireless communications service providers. Accordingly, we must  % ensure to the extent possible that any decisions we make, including the creation of new  % potentially competitive services not prejudice existing licensees by suggesting that we have  %! somehow predetermined winners and losers by deeming one service or other more deserving of  % regulatory flexibility or beneficence. For this reason, I emphasize that this NPRM is  %! intentionally very general. We earnestly seek guidance on the best use of this spectrum and the" G,-(-(ZZ% "  Y0 %` most efficient and efficacious regulatory regime, #XQo=  x7.QcXX#e.g.#X PjQXP#, the size of service areas and spectrum blocks, within the statutory strictures.  ?@#Xx6X@DQ2X@#