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Erratum - Expanding the Economic/Innovation Opportunities of Spectrum

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Released: June 26, 2014
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Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Expanding the Economic and Innovation

)

GN Docket No. 12-268

Opportunities of Spectrum Through Incentive

)

Auctions

)

)

ERRATUM

Released:

June 26, 2014

By the Chief, Wireless Telecommunications Bureau and the Chief, Media Bureau:

On June 2, 2014, the Commission released a Report and Order (Incentive Auction R&O), FCC

14-50, in the above-captioned proceeding. This Erratum amends the Incentive Auction R&O as indicated

below:

1.

In the Table of Contents, for “Section V.C. Transition Procedures…,” replace paragraph number

“532” with “539.”

2.

In Footnote 8, the first sentence is corrected to read as follows:

“See, e.g., FCC Announces Panelists for September 30, 2013, Workshop on Issues Surrounding

the Reassignment of TV Stations After the Incentive Auction, GN Docket No. 12-268, Public

Notice, 28 FCC Rcd 13805 (2013); FCC Announces Details for June 25, 2012 TV Broadcaster

Relocation Fund Workshop, GN Docket No. 12-268, News Release, 2012 WL 1965368 (rel. June

1, 2012); FCC Announces Details for May 22, 2012 Channel Sharing Workshop, GN Docket No.

12-268, News Release, 2012 WL 1524622 (rel. May 1, 2012).”

3.

Footnote 13 is corrected to read as follows:

“See Spectrum Act § 6403(b)(2) (requiring “all reasonable efforts to preserve, as of the date of

the enactment of this Act, the coverage area and population served of each broadcast television

licensee, as determined using the methodology described in OET Bulletin 69”).”

4.

In Footnote 179, add a comma between the last “See e.g.,

5.

In Footnote 234, add a comma between the first “See e.g.

6.

In Footnotes 332, 335, 340, and 341, add a comma between “See e.g.

7.

Footnote 346 is corrected to read as follows:

“See, e.g., Alcatel-Lucent Comments at 13 (“Considering the body loss for both terminals, a new

entrant’s terminal transmitting, for example, at 650 MHz at 200 MWatts (23 dBm) can inject -

26dBm into a nearby PCS terminal’s receive antenna.”).”

8.

Footnote 347 is corrected to read as: “Alcatel-Lucent Comments at 3, 13-14; AT&T Comments

at 19, 24-27; CTIA Comments at 26; Ericsson Reply at 31-32; Nokia Comments at 13-14; Verizon

Comments at 14.”

9.

Footnote 348 is corrected to read as: “Alcatel-Lucent Comments at 17; DISH Reply at 8-9;

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Federal Communications Commission

Sprint Comments at 25; T-Mobile Reply at 23-26.”

10. Footnote 349 is corrected to read as: “Alcatel-Lucent Comments at 17.”

11. Footnote 918 is corrected to read as follows:

“Concurrent with our release of this Order, we will be releasing an order in the wireless

microphones proceeding that provides for limited expansion of Part 74 licensee eligibility for

certain unlicensed wireless microphone users. See Revisions to Rules Authorizing the Operation

of Low Power Auxiliary Stations in the 698-806 MHz Band, WT Docket No. 08-166, WT Docket

No. 08-167, ET Docket No. 10-24, Report and Order and Further Notice of Proposed

Rulemaking, FCC 14-50 (adopted May 15, 2014) (Wireless Microphones Second Report and

Order).”

12. Footnotes 935 and 945 are corrected to read as: “See generally Wireless Microphones Second

Report and Order.”

13. Footnote 958 is corrected to read as follows:

“We note that in recent years wireless microphone users have been turning increasingly to

frequency bands outside of the UHF band to address some types of their needs, including uses on

an unlicensed basis in the 902-928 MHz and 2.4 GHz bands.”

14. In Paragraph 325, correct the spacing between the second and third sentence as follows:

“...usage

rights. The forward auction….”

15. In Footnotes 991 and 998, add a comma between “See e.g.

16. In Paragraph 334, correct the first sentence to read as: “Once the initial spectrum clearing target

is determined, establishing the initial target for the first stage of the incentive auction, the reverse auction

bidding process will begin.”

17. In Paragraph 335, correct the last sentence to read as: “Details of the operation of any dynamic

reserve price would be established in the Incentive Auction Procedures PN after an opportunity for

comment.”

18. In Footnote 1023, correct the first sentence to read as: “See FDA v. Brown and Williamson

Tobacco Corp., 529 U.S. 120, 132–33 (2000).”

19. In Footnote 1038, the fifth sentence is corrected to read as follows:

“Id. § 309(j)(2)(C); see NPR v. FCC, 254 F.3d 226, 228–29 (D.C. Cir. 2001) (“[T]he

[Communications] Act unambiguously forbids the Commission from requiring NCEs to

participate in auctions to obtain licenses for any channel, reserved or unreserved.”).”

20. In Footnote 1057, correct the second sentence to read as follows:

“To maintain consistency with our repacking approach, we will recognize for relinquishment,

even if they are not licensed by the Pre-Auction Licensing Deadline, the facilities authorized in a

construction permit to modify the existing licenses of stations affected by the destruction of the

World Trade Center that seek to relocate to the new 1 World Trade Center site if they elect to

have such facility protected in the repacking process and a construction permit for a new full

power station on channel 3 at Middletown Township, New Jersey that was allotted pursuant to a

court order.”

21. Footnote 1276 is corrected to read as: “See, e.g., Implementation of Section 309(j) of the

Communications Act — Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and

Order, 10 FCC Rcd 403, 453–54, para. 90 (1994).”

22. In Footnote 1308, add a comma between “See e.g.

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Federal Communications Commission

23. In Paragraph 463, correct the third sentence to read as: “We also could adopt a dynamic version

of reserve prices, a variation on reserve prices that would set dynamic maximum prices based on bidding

in the auction” and correct the last sentence to read as follows:

“In particular, using dynamic reserve prices could address the risk that setting the opening prices

too high will prevent the auction from repurposing spectrum by establishing a mechanism that

will allow price offers to be reduced in non-competitive areas based on bids in other areas.”

24. In Footnote 1358, add a comma between “See e.g.

25. In Footnote 1368, correct the second sentence to read as: “See also H Block Report and Order,

28 FCC Rcd at 9580–81, para. 260; AWS-3 Report and Order at 70, para. 187.”

26. In Paragraph 482, correct the first sentence to read as follows:

“At this time, we decline to grant the proposals by MMTC, Council Tree, and Grain

Management to act in this proceeding to modify or eliminate the attributable material relationship

(“AMR”) rule, in this Order.”

27. In Footnote 1517, add a comma between the first “See e.g.

28. Footnote 1722 is corrected to read as follows:

“If an entity that did not file an estimated cost form becomes aware of an expense eligible for

reimbursement after the three-month deadline, it may file a late estimated cost form together with

an explanation of why the form could not be timely filed. The Media Bureau [delete

“Commission”] will consider any late-filed forms on a case-by-case basis.”

29. The heading for “Section V.D.4” is corrected to read as: “Low Power Auxiliary Stations and

Unlicensed Wireless Microphones.”

APPENDIX A of the Incentive Auction R&O is amended by this Erratum, as indicated below:

30. Paragraph 23 is corrected to read as follows:

“Section 27.6 is amended by adding paragraph (l) to read as follows:

§ 27.6 Service areas.

* * * * *

(l) 600 MHz band. Service areas for the 600 MHz band are based on Partial Economic Areas

(PEAs), to be defined by a subsequent public notice. The service areas of PEAs that border the

U.S. coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. The

service area of the Gulf of Mexico PEA that comprises the water area of the Gulf of Mexico

extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. Maps of the PEAs

and the Federal Register notice that established the 416 PEAs are available for public inspection

and copying at the Reference Center, Room CY A-257, 445 12th St., SW., Washington, DC

20554. These maps and data are also available on the FCC Web site at:

http://www.fcc.gov/oet/info/maps/areas/.

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Federal Communications Commission

Note to paragraph (l): The specific title, reference number, and date of the public notice will be

determined in light of further proceedings pursuant to Docket No. 12-268 and the rule will be

updated accordingly.”

31. Paragraph 26 is corrected to read as follows:

“Section 27.14 is amended by revising the first sentence of paragraphs (a), (f), (k) and adding

paragraph (t) to read as follows:

§ 27.14 Construction requirements; Criteria for renewal.

(a) AWS and WCS licensees, with the exception of WCS licensees holding authorizations for the

600 MHz band, Block A in the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710

MHz and 734-740 MHz bands, Block E in the 722-728 MHz band, Block C, C1 or C2 in the 746-

757 MHz and 776-787 MHz bands, Block A in the 2305-2310 MHz and 2350-2355 MHz bands,

Block B in the 2310-2315 MHz and 2355-2360 MHz bands, Block C in the 2315-2320 MHz

band, and Block D in the 2345-2350 MHz band, and with the exception of licensees holding

AWS authorizations in the 1915-1920 MHz and 1995-2000 MHz bands, the 2000-2020 MHz and

2180-2200 MHz bands, or 1695-1710 MHz, 1755-1780 MHz and 2155-2180 MHz bands, must,

as a performance requirement, make a showing of “substantial service” in their license area

within the prescribed license term set forth in § 27.13. * * *

* * * * *

(f) Comparative renewal proceedings do not apply to WCS licensees holding authorizations for

the 600 MHz band, 698-746 MHz, 747-762 MHz, and 777-792 MHz bands or licensees holding

AWS authorizations for the 1915-1920 MHz and 1995-2000 MHz bands or the 2000-2020 MHz

and 2180-2200 MHz bands, or the 1695-1710 MHz, or the 1755-1780 MHz and 2155-2180 MHz

bands. * * *

* * * * *

(k) Licensees holding WCS or AWS authorizations in the spectrum blocks enumerated in

paragraphs (g), (h), (i), (q), (r), (s) and (t) of this section, including any licensee that obtained its

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Federal Communications Commission

license pursuant to the procedures set forth in paragraph (j) of this section, shall demonstrate

compliance with performance requirements by filing a construction notification with the

Commission, within 15 days of the expiration of the applicable benchmark, in accordance with

the provisions set forth in § 1.946(d) of this chapter. * * *

* * * * *

(t) The following provisions apply to any licensee holding an authorization in the 600 MHz band:

(1) A licensee shall provide reliable signal coverage and offer service within six (6) years from

the date of the initial license to at least forty (40) percent of the population in each of its license

areas (“Interim Buildout Requirement”).

(2) A licensee shall provide reliable signal coverage and offer service within twelve (12) years

from the date of the initial license to at least seventy-five (75) percent of the population in each of

its license areas (“Final Buildout Requirement”).

(3) If a licensee fails to establish that it meets the Interim Buildout Requirement for a particular

licensed area, then the Final Buildout Requirement (in this paragraph (t)) and the license term (as

set forth in § 27.13(l)) for each license area in which it fails to meet the Interim Buildout

Requirement shall be accelerated by two (2) years (from twelve (12) to ten (10) years).

(4) If a licensee fails to establish that it meets the Final Buildout Requirement for a particular

license area, its authorization for each license area in which it fails to meet the Final Buildout

Requirement shall terminate automatically without Commission action, and the licensee will be

ineligible to regain it if the Commission makes the license available at a later date.

(5) To demonstrate compliance with these performance requirements, licensees shall use the most

recently available decennial U.S. Census Data at the time of measurement and shall base their

measurements of population served on areas no larger than the Census Tract level. The

population within a specific Census Tract (or other acceptable identifier) will be deemed served

by the licensee only if it provides reliable signal coverage to and offers service within the specific

Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable

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Federal Communications Commission

identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such

areas may include only the population within the Census Tract (or other acceptable identifier)

towards meeting the performance requirement of a single, individual license. For the Gulf of

Mexico license area, the licensee shall demonstrate compliance with these performance

requirements, using off-shore platforms, including production, manifold, compression, pumping

and valving platforms as a proxy for population in the Gulf of Mexico.

(6) An applicant for renewal of a license covered by this paragraph (t) must make a renewal

showing, independent of its performance requirements, as a condition of each renewal. The

showing must include a detailed description of the applicant’s provision of service during the

entire license period and address:

(i) The level and quality of service provided by the applicant (including the population served, the

area served, the number of subscribers, the services offered);

(ii) The date service commenced, whether service was ever interrupted, and the duration of any

interruption or outage;

(iii) The extent to which service is provided to rural areas;

(iv) The extent to which service is provided to qualifying tribal land as defined in §

1.2110(f)(3)(i) of this chapter; and

(v) Any other factors associated with the level of service to the public.”

32. Paragraph 32 is corrected to read as follows:

“Section 27.55 is amended by revising paragraph (a)(2) to read as follows:

§ 27.55 Power strength limits.

(a) * * *

(2) 600 MHz, 698–758, and 775–787 MHz bands: 40 dBµV/m.

* * * * *”

33. Paragraph 34 is corrected to read as follows:

“Section 27.75 is amended by revising paragraph (a)(2) to read as follows:

§ 27.75 Basic interoperability requirement.

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Federal Communications Commission

* * * * *

(a) * * *

(2) Mobile and portable stations that operate on any portion of frequencies in the 600 MHz band

must be capable of operating on all frequencies in the 600 MHz band using the same air

interfaces that the equipment utilizes on any frequencies in the 600 MHz band.

* * * * *”

This Erratum also amends APPENDIX C as indicated below:

34. In Paragraph 25, correct “Figure 3” to read as follows:

148 MHz Static Antenna Bandwidth

21

22

23

27

24

25

8

A

B

C

D

E

F

G

H

I

J

K

3

37

38

39

40

11

A

B

C

D

E

F

G

H

I

J

K

700 MHz UL

20 MHz carrier

Blocks HIJK

93 MHz Duplex Spacing

20 MHz carrier

Blocks HIJK

113 MHz Tunable Antenna Bandwidth

20 MHz carrier

Blocks ABCD

93 MHz Duplex Spacing

20 MHz carrier

Blocks ABCD

113 MHz Tunable Antenna Bandwidth

FEDERAL COMMUNICATIONS COMMISSION

Roger C. Sherman

Chief

Wireless Telecommunications Bureau

William Lake

Chief

Media Bureau

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