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P6G;XP\e5hC:,IXh*f9 xr G;XXfW!@(#,$9h@\  P6G;hPgOA%!,JA PE37JPh1k=6,`o&k&_ x7&Xs6jC:,pLXj9 xOG;XtW!B(#,4|QhB4  pG;hv-d=4,&d2PG;&Pw~)[80,[[2PG;Px'^80,S^2pPG;T~)[80,c [2xjAG;XL7!,X,72PG;,P$ +m::, }mps7]7HH, ps7Dj)Y1+,ŤY_ pi7[2p=6,Y&p_ pi7&DSI,$!s\  P6G;P 2f FZ",tB^ f ^6=U\\===\====\\\\\\\\\\==\zznGXznfzz===\\=jbjjbXrr9GrbjrXrjQbjjjjb\\\\0\\\\\=\\\\\\\\f3\\\\\QzQzQzQzQG3G3G3G3f\\\\ffff\\g\\\\nf\\\QQ\\}yQz\z\yQ\\\\\ffF3\f\\Gfi\\fy3yIz\zGz3ggf\\QQ\gFfGgFf\yIy>z\fgffgf\yQzQyQfz\ff\z\\}=\\===WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN\\\=\NN\\\\\\@\\\\@==ii\00\\pp\\\sff=i\@"\i\4\==p=\\f\z\=\Q\i~XzpNm\\\====jzbpZzbzbzbrjG9rzbjzbrjpZpZzbjzbjrpZzG\pQpppp==\\\\\\\p=p\Q=Tgnj}}ccyyTjcc;T;TXFu   =j T-{7#X~ps7X#Page ؃jՊx` `  hh@hpp x` `  hh@hpp  xxFCC 9627  T-O2 Before the  e< #\  P6G;!sP#Federal Communications Commission#Xj\  P6G;+XP#у  X-Washington, D.C. ă X` hp x (#%'0*,.8135@8: &, T-ԍ AMTA Comments at 10.> AMTA's proposal is to allow licensees to ``relocate their facilities a maximum of onehalf the distance over 120 km toward any cochannel licensee to a maximum of 35 km. Parties proposing modifications resulting in less than 120 km separation would be accepted only with the consent of the cochannel licensee(s), as evidenced in a letter submitted concurrently with the application. Any modification that did not meet that standard would be considered defective  X6-and dismissed outright.'' 36 , T-ԍ Id.3  X-x 7. AMTA asserts that its proposal ``eliminates any possibility of mutually exclusive  X-applications,'':h , T "-ԍ Id. at 14.: accommodates the needs of 220 MHz licensees in more rural areas,b , T#-ԍ AMTA observes that for licensees situated ``in areas where neither buildings nor population are dense, sites are not always readily available,'' and that ``licensees cannot simply `move across the street' if the licensed site is no longer available, or if they are dissatisfied with the facility owner's  T4&-proposed arrangement or management capabilities.'' Id. at 13. provides"40*~(~("  X-``a fast and efficient method of processing modification requests . . . ,''=, Ty-ԍ Id. at 1314.= and will ``serve the critical objective of delivering a vital service to the American public on a timely  X-basis.'' 9j, T-ԍ Id. at 7.9 Several commenters express support for the AMTA proposal.  , T-ԍ US Mobilcomm Reply Comments at 23; Securicor Reply Comments at 3; SEA Comments at 3; SMR Advisory Group Reply Comments at 2; Johnson Comments at 5; Roamer One Comments at 6; PCIA Reply Comments at 3; Robert Fay Comments at 2.  Johnson indicates that it could support a move of less than 35 km, Incomco proposes that the Commission allow a move of 30 km, and PCIA, noting that ``a modification of 35 km appears to result in the provision of service by the licensee of an entirely different area,'' suggests that the Commission adopt the AMTA proposal but limit the maximum modification distance to 25  X_-km.q_\, Tl-ԍ Johnson Comments at 5; Incomco Comments at 7; PCIA Reply Comments at 3.q  X1- x 3. Decision  X -  X -  x 8. Commenters claim that many of the base station locations requested by 220 MHz  X -applicants in their 1991 applications are, for various reasons, unavailable or not usable .}" , T-ԍ AMTA notes that had the licensing of other mobile services, such as ``cellular, paging, and both SMR and ESMR systems,'' been ```frozen' during the last four years,'' like the 220 MHz service, ``220 MHz operators undoubtedly would find antenna space more readily available'' and ``the towers and other facilities identified in their 1991 applications might still have capacity to accommodate 220 MHz systems.'' AMTA Comments at 6. The SMR Advisory Group indicates that certain sites ``have suffered some damage (such as fire, rust, or condemnation) such that they are no longer viable locations for system construction.'' SMR Advisory Group Comments at 3. Roamer One cites the need for relocations due to ``the unavailability of transmitter sites at the completion of licensing, coverage problems from the licensed sites, or interference (intermodulation) problems which developed when multiple 220222 MHz stations were licensed for the same antenna structure.''  T -Roamer One Comments at 3. See also Johnson Comments at 2; Incomco Comments at 9; Securicor Reply Comments at 2.} Recognizing that some of these claims of unavailability or infeasibility constitute a reasonable basis for modification, we believe that such licensees should be given the opportunity to seek authorization at alternate, nearby locations so that they may be able to provide  X-communications services in the geographic area for which they originally applied.(, T)$-ԍ In the Fourth Notice, in discussing our modification proposal, we indicated the proposal ``allows licensees to serve the areas they intended to serve at the time they sought their licenses.''  T%-See Fourth Notice at para. 9.( We are  X{-persuaded, by the record that the modification proposal in the Fourth Notice will not provide"{:0*~(~(" licensees with adequate flexibility to relocate their base stations, especially in rural areas, and therefore we believe we should adopt an alternative plan. However, we have a number of concerns about AMTA's proposal. Specifically, we are not convinced that licensees need to have the ability to move 35 km (or within an area of approximately one million acres) to find an alternative site. We believe that alternative site locations can be found within a smaller geographic area particularly in urban areas where there are a multiplicity of base station sites. Moreover, we are concerned that if we allow licensees to move such large distances, they will be able to serve entirely different geographic areas than those for which they were originally licensed. This in turn may unreasonably impair the opportunity of potential competitors to obtain licenses in the 220 MHz service.  X -x 9. Because of the concerns we have noted about the AMTA proposal we will adopt a  X -different approach.  X -  PARA12  We will afford nonnationwide 220 MHz licensees the opportunity to relocate their authorized base stations by filing modification applications under the following procedure: Xx` ` (1) A licensee with an authorized base station located in a DFA will be permitted to relocate its base station up to onehalf the distance over 120 km toward any cochannel licensee's initially authorized base station, to a maximum distance of 8  X4-km.4, T-ԍ xFor example, if a licensee's currently authorized base station coordinates are within a DFA and a cochannel licensee's base station is situated 130 km away, the licensee will be permitted to relocate its base station up to a distance of 5 km; if a licensee's currently authorized base station coordinates are within a DFA and a cochannel licensee's base station is situated 140 km away, the licensee will be permitted to relocate its base station up to a distance of 8 km. xUnder this procedure, a licensee will not be permitted to seek authorization to relocate its base station less than the 120 km cochannel separation criteria provided in Section 90.723(f) of the Commission's Rules. (# Xx` ` (2) A licensee with an authorized base station not located in a DFA may relocate its base station up to onehalf the distance over 120 km toward any cochannel licensee's initially authorized base station, to a maximum distance of 25 km, so long  X-as it does not locate its base station more than 8 km inside of any DFA (i.e., not more  X-than 8 km from the nearest DFA boundary line).( , T"-ԍ Under this procedure, a licensee will similarly not be permitted to seek authorization to relocate its base station less than the 120 km cochannel separation criteria provided in Section 90.723(f) of the Commission's Rules. (# Xx` ` (3) The application of a licensee proposing a modification to relocate its base station at least 120 km from each cochannel licensee's initially authorized base station"gx 0*~(~(" but more than onehalf the distance over 120 km toward the base station of a cochannel licensee will be accepted by the Commission only with the consent of that cochannel licensee, as evidenced in a letter submitted concurrently with the modification  X-application., T4-ԍ Under this procedure, a licensee will not be permitted to seek authorization to relocate its base station less than the 120 km cochannel separation criteria provided in Section 90.723(f) of the Commission's Rules. (# Xx` ` (4) The application of a licensee proposing a modification resulting in less than 120 km separation from a cochannel licensee's initially authorized base station will be accepted by the Commission only with the consent of that cochannel licensee, as  XH-evidenced in a letter submitted concurrently with the modification application.AH, T -ԍ Under this procedure, a licensee will not be permitted to seek authorization for a base station located less than 120 km from a cochannel licensee's initially authorized base station by providing the technical analysis identified in Section 90.723(f) of the Commission's Rules. A(# Xx` ` (5) Any modification application that does not meet these standards will be considered defective and dismissed.(# All licensees applying for modification of their authorization must also ensure that they  X -comply with all applicable technical and operational rules (e.g., Section 90.723(d) and Section  X -90.729 of the Commission's Rules) .  X{-x  10. We believe that this modification procedure will enable 220 MHz licensees to provide service in the geographic area they were authorized to serve pursuant to their initial application, while accommodating their need to relocate their base stations for technical or other legitimate reasons. In addition, we believe that our decision to permit Phase I licensees to modify their licenses in the circumstances described in this Order, without subjecting such  X-license modifications to potential competing applications, serves the public interest because of the unique circumstances that have surrounded our efforts to license the 220 MHz service  X-since 1991, and because the procedures we establish in this Order will help expedite the provision of 220 MHz service to the public. Finally, we also believe that this procedure fairly balances the needs of existing licensees with the rights of future 220 MHz licensees by ensuring that both existing and future 220 MHz licensees will be able to provide service to the public as expeditiously as possible. We have chosen DFAs to delineate the areas in which 25 km relocations are permissible, as well as the areas in which 8 km relocations are permissible, because DFAs have been used in the context of wireless services to approximate the Nation's top 50 markets. We note that we have successfully used DFAs in implementing  X"-the initial licensing of the 900 MHz Specialized Mobile Radio (SMR) band."h, T;&-ԍ See Public Notice, Private Land Mobile Application Procedures for Spectrum in the 896901 MHz and 935940 MHz bands, DA 86173, 1 FCC Rcd 543 (1986). Since we have"" 0*~(~(\" concluded in this Order that different rules are necessary to govern permissible relocations of base stations in urban areas, we believe it is appropriate to employ a tool to define the boundaries of these urban areas. We have concluded that DFAs will serve effectively as such a tool.  X-x  11. PARA12   While we believe that this decision will accommodate the needs of most 220 MHz licensees that need to relocate their base stations, we recognize that in certain areas of the Nation it is possible that the technical characteristics of base station sites available under our relocation procedure may be considerably inferior to the technical characteristics of currently licensed sites and sites that may exist at nearby, more elevated locations. Such a scenario  X -could exist, for example, in the Los Angeles area, with the city's close proximity to several  X - mountain ranges, , T| -ԍ The Santa Monica Mountains, the Santa Susana Mountains, the San Gabriel Mountains, the Verdugo Mountains, and the Santa Ana Mountains are in close proximity to the greater Los Angeles area. and in the Seattle area. Because of their unique terrain features, we have historically treated licensees authorized to serve these areas differently than we have treated licensees authorized elsewhere in the Nation. For example, under Subpart S of Part 90 of our Rules, we provide 105mile cochannel protection for licensees operating at sites in various  X -mountains, while providing only 70mile protection at all other locations. o  Tp-ԍ  See Section 90.621(b)(3) of the Commission's Rules. o We therefore believe that it would be appropriate to entertain waiver requests by licensees authorized in the Los Angeles and Seattle areas, as well as any other urban areas with comparable terrain features, to relocate their stations to sites at higher elevations that may be situated more than 8 km (or 25 km, for licensees authorized outside DFAs) from their authorized location. A licensee seeking such a waiver of Section 90.753 of our Rules must provide (1) a showing that the terrain in question does, in fact, present unique technical and operational problems; and (2) a technical analysis demonstrating that in relocating its base station to its desired location at a higher elevation, the licensee will provide service to substantially the same  X-geographic area it was authorized to serve pursuant to its initial application.  X-x  12. PARA12   In addition, we note that there are five groups of applications (totalling 34 applications) that were filed on the last day 220 MHz applications were accepted in May 1991. These applications remain pending before the Commission. These applications are mutually exclusive with one another and, in each of the five groups, the applicants have requested the same base station locations. How these 34 applications are to be ultimately  X7-processed is a matter raised in the context of the Third Notice.M!7, T#-ԍ See Third Notice at para. 31.M Prior to reaching decisions in that proceeding, we will not take any action in this Order that would affect the rights of these applicants, either positively or negatively, to be licensed, or, once licensed, to take advantage of the relocation options we are affording other existing 220 MHz licensees. Our analysis indicates that if we were to allow certain existing 220 MHz licensees, located" \!0*~(~(," between 120 km and 170 km from one of the five base station locations, to relocate under our modification procedure as though these pending applications did not exist, the licensees granted licenses at these locations, once authorized, would not be able to relocate their base stations under the procedure. We will therefore require the following licensees to ensure that, in seeking relocation of their base stations pursuant to this Order, they comply with our modification procedure by protecting a possible cochannel station at the following locations. By taking this action, we emphasize that we are not prejudging the ultimate disposition of the pending applications. X` hp x (#%'0*,.8135@8:-Order as to what would be considered a minor modification of an authorization for a CMRS  X)-license in the 220 MHz service. In the Fourth Notice, however, we tentatively concluded that defining modifications under our proposal as ``minor'' was consistent with our treatment of  X-other CMRS services.N', Tv-ԍ See Fourth Notice at para. 15.N Vega contends that ``no application proposing any technical changes to facilities should be deemed minor'' and that ``any application change to 220 MHz service  X-should be deemed major.''=(j, T-ԍ Vega Comments at 2.= We disagree and find that applications filed under our modification procedure do, in fact, qualify as ``minor'' modifications under our CMRS rules.  X-x 18. Our discussion in the CMRS Third Report and Order regarding the permissibility of minor modifications for Part 90 licensees in general expressed our intent to ``allow minor modification to existing CMRS systems in Part 90 services to be made on a permissive basis,  XG-to the extent practicable.''{)G , T"-ԍ See CMRS Third Report and Order, 9 FCC Rcd at 8151 (paras. 370, 371).{ Because our 220 MHz modification procedure will result neither in a change to the protection afforded to cochannel 220 MHz licensees nor in mutually exclusive situations among 220 MHz licensees seeking station modification, we believe that these modifications fall within the definition of minor and the procedure is consistent with the  X-policies set forth in the CMRS proceedings to allow such modifications for Part 90 licensees when they are practicable and do not have an impact on other licensees. We therefore conclude that modification applications filed by 220 MHz licensees under our procedure can"! )0*~(~( "  X-and should be considered minor. As indicated in the CMRS Third Report and Order, minor modification applications are not subject to competing, initial applications, Public Notice  X-requirements, or Petitions to Deny.*, TM-ԍ See CMRS Third Report and Order, 9 FCC Rcd at 8142, 814445 (paras. 348, 354).  X- D. Licensing Procedures and Construction Requirements  Xx<x 1.  Proposal  XL-x 19. PARA47   In the Fourth Notice, we proposed that a 220 MHz licensee that desired to relocate its base station under our proposed modification procedure would be required to file a  X -modification application shortly after the adoption of the present Order,T+ j, T; -ԍ See Fourth Notice at para. 17.T and that a licensee granted a modification authorization would be given four months from the grant of the  X -authorization to construct and begin operation of its relocated base station.L, , T-ԍ Id. at para. 18.L  X -x2.  Comments  X -  X-x 20.  Commenters generally express support for the 4month construction deadline  X-extension for a licensee that is relocating its base station.x-, T-ԍ See AMTA Comments at 10; Comtech Comments at 10; Johnson Comments at 9. x In a letter to Mr. Ralph Haller, Deputy Chief, Wireless Telecommunications Bureau, on November 1, 1995, AMTA subsequently requested that the Commission extend the thencurrent December 31, 1995 deadline for 220 MHz licensees to construct their stations and place them in operation to a date 120 days after the effective date of the Commission's Order in this proceeding. Vega proposes a 12month extension of the deadline, noting that while the fourmonth modification period is ``helpful,'' it ``falls short of providing the necessary lead way for a modified facility to obtain authorization and initiate construction before the fourmonth expiration date  X-occurs.''=.P, T-ԍ Vega Comments at 3.=  X-x 3.  Decision  Xq-x 21. The current deadline for nonnationwide 220 MHz licensees to construct and operate their base station is February 2, 1996. With the adoption and release of this Order occurring close to this February date, we believe that it is appropriate to give licensees sufficient time to decide whether they want to relocate their base station under our modification procedure, and then to construct their base station and begin operation. We will".0*~(~(" therefore extend the construction deadline for all nonnationwide 220 MHz licensees that intend to construct their base station at their currently authorized location to March 11, 1996. For licensees that elect to modify their authorization to relocate their base station, the deadline shall be August 15, 1996.  X- x22.  We will begin to accept modification applications from licensees seeking to relocate their base stations 30 days after publication of the summary of this Order in the Federal Register. The deadline for filing modification applications will be May 1, 1996. If a licensee does not construct its base station and place it in operation, or commence service, at its currently authorized location on or before March 11, 1996 and, instead, chooses to seek  X -modification of its authorization to relocate its base station, it must inform us, on or before March 11, 1996 of its intention to seek a license modification. Otherwise its authorization  X -will cancel automatically at the close of March 11, 1996. Because we recognize that the relatively short time period between the release of this Order and the March 11, 1996 date may not be sufficient to enable licensees to evaluate the decisions we reach in the Order, acquire an alternative base station site, and perform the necessary technical analysis needed to file a modification application, we will permit licensees to submit a letter during the period beginning 30 days after publication of the summary of this Order in the Federal Register, but  Xb-no later than March 11, 1996, certifying to the Commission their intent to file an application  XK-to modify their authorization to relocate their base station./8K, T-ԍ Licensees will be permitted to transmit this letter to the Commission by facsimile. Facsimile transmissions should be sent to (717) 3370408. Any letters transmitted by facsimile on or before March 11, 1996 will be considered to have been timely filed. All licensees transmitting a letter by facsimile, however, must send a paper copy of the letter to the Commission on or before March 25, 1996. This letter will serve to extend a licensee's authorization past March 11, 1996, even if the licensee has not yet identified and secured an alternate site. We will then allow licensees to file their modification applications requesting relocation of their base station no later than May 1, 1996. If a licensee files a letter indicating its intent to file a modification application and does not file such an application on or before May 1, 1996, the licensee's existing authorization will cancel automatically unless the licensee had constructed its base station at its initially authorized location and placed it in operation, or commenced service, on or before March 11, 1996.  X|-x 23. With the deadline to construct its base station and place it in operation, or commence service, by August 15, 1996, a licensee seeking relocation of its base station that files a modification application on or about March 11, 1996 will have approximately 4 months after the grant of its application to meet this deadline assuming the grant of its application is made within approximately a 30day period after filing. This time period is consistent with  X -our proposal in the Fourth Notice, generally supported by commenters, to give licensees 4 months after the grant of their modified authorization to construct their base station and place"/0*~(~("  X-it in operation, or commence service.0d, Ty-ԍ In the Fourth Notice we indicated that we would open a filing window for modification applications shortly after the adoption of this Order and proposed to extend the construction deadline for licensees seeking relocation of their base station to a date 4 months after the grant of their  T-modified authorization. See Fourth Notice at paras. 1718. However, to ensure that licensees are provided an adequate construction period, we will extend the deadline for a licensee to construct its station  X-and place it in operation, or commence service, beyond August 15, 1996, by the number of  X-days after June 1, 1996, that pass before a licensee's timely filed modification application is actually granted.  Xz-x 24. We note that Vega has requested that licensees granted license modifications be given a 12month extension of their construction deadline. While a 12month construction period is appropriate for licensees obtaining an initial authorization in order to give such licensees an opportunity to accomplish the various activities necessary to place a mobile radio  X -system in operation, or commence service, after locating a base station site (e.g., selecting an  X -equipment vendor, seeking necessary financing, etc.), most nonnationwide 220 MHz licensees were initially authorized by 1993. As such, we believe that they should have, by now, undertaken many of these actions and that the period of approximately 6 months that follows the release of this Order will then provide licensees a sufficient amount of time to place their system in operation, or commence service. Similarly, we conclude that our adopted construction deadline extension obviates the need for an extension of the type requested by  X-AMTA in its November 1, 1995, letter.1, T&-ԍ Letter to Ralph Haller, Deputy Chief, Wireless Telecommunications Bureau from Jill M. Lyon, Director of Regulatory Relations, AMTA, dated November 1, 1995. To the extent AMTA seeks extension of the  Xj-construction deadline for all licensees, we have concluded that there is not sufficient justification in the record to warrant extension beyond March 11, 1996, in the case of licensees who do not provide any evidence that they need to relocate their base station.  X-x 25. In the case of licensees that have not filed, on or before March 11, 1996, either a modification application requesting relocation of their base stations or a letter indicating their intent to file a modification application to relocate their base station, we will transmit a letter to such licensees instructing them to confirm that they have constructed their base station at their initially authorized location and have placed it in operation, or commenced service, by March 11, 1996. x  Xo- x26. If a licensee elects to construct its base station and place it in operation, or  XX-commence service, at its initially authorized location on or before March 11, 1996, and also seeks to modify its authorization to relocate the station, its construction deadline will be considered to be met if it constructs its base station at its originally authorized location and places it in operation, or commences service, on or before March 11, 1996, and it will be given until August 15, 1996, to construct and place in operation its base station, or commence  X-service, at its new station location. If the application for modification of any licensee seeking"l10*~(~(" relocation of its base station is denied for any reason, that licensee's existing authorization will cancel automatically unless the licensee has constructed its base station at its initially authorized location and placed it in operation, or commenced service, by March 11, 1996.  X-x 27. The application of a licensee seeking relocation of its base station should include the following: X` hp x (#%'0*,.8135@8:5j, T$-ԍ Orion Comments at 5.>  X!-x !34. We do not believe that the current record is adequate to determine the merits of Orion's requested modification to the Rules. We therefore conclude that it would be more"" 50*~(~(!Y" appropriate to consider Orion's request as part of a separate proceeding. We invite Orion to submit its request for relief in the form of a Petition for Rulemaking.  X-x3. 220 MHz Licensees Near the Canadian Border  X-x "35.  PARA65  In the Third Notice we extended the construction deadline for Phase I 220 MHz license