[Federal Register Volume 66, Number 83 (Monday, April 30, 2001)]
[Proposed Rules]
[Page 21298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10768]



[[Page 21298]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 21

[DA 01-1072]


Multipoint Distribution Service (MDS); Two-Way Transmissions

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Mass Media Bureau (``Bureau'') seeks comment on a 
proposal to extend the current five-year build-out requirement imposed 
upon Basic Trading Area (``BTA'') authorization holders in the 
Multipoint Distribution Service (``MDS'') by two years. BTA 
authorization holders currently have five years from the grant date of 
the initial BTA authorization to construct, develop and expand MDS 
station operations in their respective protected service areas. On 
August 16, 1996, the Commission granted 334 of the 493 BTA 
authorizations to 54 different entities. By this proposed rule, the 
Bureau seeks comment on its proposal to extend the build-out 
requirement by two years.

DATES: Comments due on or before May 9, 2001. Reply comments 
are due on or before May 16, 2001.

FOR FURTHER INFORMATION CONTACT: Brad Lerner (202) 418-7066, 
Video Services Division, Mass Media Bureau.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Mass Media 
Bureau's Public Notice entitled, In the Matter of Extension of the 
Five-year Build-out Period for BTA Authorization Holders in the 
Multipoint Distribution Service, DA 01-1072, released April 25, 
2001. The full text of this Public Notice is available for inspection 
and copying during normal business hours in the FCC Reference Room, 
Room CY-A257, Portals II, 445 12th Street, SW., Washington, DC, and 
also may be purchased from the Commission's copy contractor, 
International Transcription Services, Inc. (``ITS''), Portals II, 445 
12th Street, SW. Room CY-B402, Washington, DC 20554.

Synopsis of Public Notice

    Traditionally, MDS spectrum has been used to deliver multichannel 
video programming services similar to cable television. As noted above, 
the Commission auctioned 493 BTAs for the provision of these wireless 
cable services. Since the 1996 auction, the MDS industry has been 
rapidly evolving. In October 1996, the Commission allowed MDS operators 
to use their spectrum for high-speed digital data applications, 
including Internet access. In March 1997, the Wireless Cable 
Association International, Inc., along with over 100 participants, 
petitioned the Commission to grant the industry the right to use MDS 
and Instructional Television Fixed Service (``ITFS'') spectrum for two-
way services. Two-way authorization would effectively enable voice, 
video, and data over the spectrum. In 1998, the Commission approved the 
use of two-way transmissions on MDS and ITFS frequencies.
    In the initial filing window for two-way service, which was held 
August 14-18, 2000, MDS and ITFS licensees filed approximately 2,267 
applications. On April 6, 2001, the Bureau released its first Public 
Notice announcing the grant of 1,024 of these applications. The Bureau 
will continue to grant additional two-way applications and on April 16, 
2001, the Bureau began the transition to the rolling one-day filing 
window procedure. Section 21.930(c)(1) of the Commission's rules 
provides that within five years of the grant of a BTA authorization, 
the authorization holder must construct MDS stations to provide signals 
pursuant to section 21.907, 47 CFR 21.907, that are capable of reaching 
at least two-thirds of the population of the applicable service area, 
excluding the populations within protected service areas of incumbent 
stations. The build-out benchmarks were originally established in order 
to ensure that BTA authorization holders would promptly deliver their 
anticipated video programming service to the public.
    The Bureau proposes to extend the five-year build-out requirement 
as set forth in Sec. 21.930(a)(1) of the Commission's rules, 47 CFR 
21.930(a)(1), by two years. In light of the service rule changes, the 
timing of the initial filing window, the recent two-way application 
grants allowing BTA authorization holders to provide broadband service, 
the forthcoming grants of other pending two-way applications, and the 
upcoming August 16, 2001 build-out deadline for many BTAs, we 
tentatively conclude that extension of the five-year build-out 
requirement by two years for all BTAs will promote the maximization of 
efficient and effective use of this service. The Bureau believes that 
it would be inequitable to require authorization holders to follow 
build-out criteria applicable to rules governing wireless cable 
operations since many of them are now providing high-speed broadband 
services.

Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Services Division, Mass Media Bureau.
[FR Doc. 01-10768 Filed 4-27-01; 8:45 am]
BILLING CODE 6712-01-P