[Federal Register Volume 67, Number 220 (Thursday, November 14, 2002)]
[Notices]
[Pages 69010-69012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28890]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 02-2751]


Verification OF ITFS, MDS, and MMDS License Status and Pending 
Applications

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document the Federal Communications Commission, 
(Commission), Wireless Telecommunications Bureau, seeks to verify ITFS, 
MDS, and MMDS licensing information contained in the Broadband 
Licensing System in preparation for the transition to the Universal 
Licensing System (ULS). The Commission is requesting that all ITFS, MDS 
and MMDS licensees and applicants review and verify licensing 
information set forth in the Tables released for public inspection. 
Also, the Commission is requesting that ITFS, MDS, and MMDS licensees 
and applicants submit written requests for continued processing for all 
pending applications filed prior to March 25, 2002. Finally, at the 
Commission will close the review and verification period on December 
17, 2002.

DATES: Comments are due on or before December 16, 2002 and reply 
comments are due on or before December 30. 2002.

ADDRESSES: Federal Communications Commission 445 12th Street, SW., TW-
A325, Washington, DC 20554. See Supplementary Information for filing 
instructions.

FOR FURTHER INFORMATION CONTACT: Licensees and applicants should visit 
http://wireless.fcc.gov/services/itfs&mds/licensing/inventory.html in 
order to review the tables. For all questions regarding technical 
aspects of public access to BLS data, contact the FCC Technical Support 
Hotline: Call (202) 414-1250 (TTY (202) 414-1255) or e-mail to 
[email protected]. The hotline is available Monday through Friday 8 a.m. 
to 6 p.m. Eastern Time. All calls to the hotline are recorded.
    For all questions regarding legal matters relating to this Public 
Notice, contact John J. Schauble, Chief, Policy and Rules Branch, Kim 
Varner, Esq., Policy and Rules Branch, Public Safety and Private 
Wireless Division, or Stephen Svab, Esq., Policy and Rules Branch, 
Public Safety and Private Wireless Division, at (202) 418-0680.
    For all questions regarding data corrections, and how to file those 
corrections, contact the Licensing Support Hotline at 1-888-225-5322 
and select option 2.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, DA 02-2751, released on October 18, 2002. The full text of this 
document is available for inspection and copying during normal business 
hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 
20554. The complete text may be purchased from the Commission's copy 
contractor, Qualex International, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov. Alternative formats are available to persons with 
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202) 
418-7365 or at [email protected].
    On March 25, 2002, the Wireless Telecommunications Bureau (WTB) 
became responsible for the administration of the Instructional 
Television Fixed Service (ITFS), the Multipoint Distribution Service 
(MDS), and the Multichannel Multipoint Distribution Service (MMDS) 
(collectively, the Services). Prior to March 25, 2002, the Services 
were administered by the former Mass Media Bureau using the Broadband 
Licensing System (BLS) as the licensing database for the Services. As 
part of the transition process, WTB will be migrating these services to 
the Universal Licensing System (ULS) that governs all WTB services. In 
so doing, WTB seeks to ensure that all information contained within the 
BLS is accurate, current and comprehensive. In order to facilitate this 
process, WTB is requesting that all ITFS, MDS and MMDS licensees and 
applicants review and verify important licensing information as 
explained in this public notice. This review will assist WTB in 
ensuring the integrity of the data in the database and permit a smooth 
transition of the data to WTB's licensing database. In addition, in 
order to efficiently process all pending applications, petitions, and 
other requests, WTB is requesting that applicants and petitioners re-
affirm, in writing, that continued processing of certain applications 
and petitions, as detailed below is desired.
    It is very important that all ITFS, MDS, and MMDS licensees and 
applicants carefully review this public notice and the tables of 
licensing information described below. Failure to follow the 
instructions in this public notice may result in the cancellation of 
licenses and/or dismissal of pending applications.

ITFS/MDS/MMDS Licenses

    WTB is making available for public inspection four tables of 
licensing information at: http://wireless.fcc.gov/services/itfs&mds/licensing/inventory.html. A hard copy of each table is also available 
for public inspection at the Commission's Reference Information Center, 
445 12th Street, SW., Room CY-A257, Washington, DC 20554. Table A lists 
all ITFS licenses including main station and two-way stations shown in 
BLS. Table B lists all MDS and MMDS licenses, including Basic Trading 
Area authorizations, main stations and two-way stations contained in 
BLS. Table C lists all granted modifications and construction permits 
for ITFS for which certifications of construction have not yet been 
filed. Table D lists all granted MDS/MMDS modifications and conditional 
licenses for which certifications of construction have not yet been 
filed. Tables A, B, C, and D

[[Page 69011]]

contain the following information for each listed license: license 
status, latest license status date, renewal expiration date, 
channel(s), location of the facility, construction expiration date of 
each unconstructed station and additional administrative information 
concerning the licenses. Technical information is not included in these 
tables.
    In addition, for licensed stations only, additional technical 
information concerning those licenses is available at http://wireless.fcc.gov/services/itfs&mds/licensing/inventory.html. Licensees 
are requested to review this data for their licenses and ascertain that 
the information is correct (including verification that the 
specification of North American Datum 1927 (NAD27) or North American 
Datum 1983 (NAD83) for all coordinates on the license).
    Within sixty days of the release date of this public notice, 
licensees are requested to review the referenced tables and to review 
the technical information pertaining to their licenses and submit any 
necessary corrections. Specifically, licensees are instructed to 
verify, under penalty of perjury, that their respective station 
licenses, conditional licenses, and construction permits are listed on 
the appropriate table and that all information (including the technical 
information available at the above-referenced internet address) is 
correct. All data corrections submitted should include a cover sheet 
with the following information: FCC Registration Number, which table 
the change is being requested for, call sign of the licensed station, 
Facility ID, and a current contact person (including mailing address, 
telephone number and e-mail address if available). If the licensee 
disputes any of the technical information, the licensee should print 
the technical information from the internet site and make the 
corrections on that print out. All corrections should be hand-written 
on the printed copy and submitted in duplicate, along with documents 
supporting the requested correction.
    If the information pertaining to the licenses is accurate, no 
further action is required. If the license is listed as licensed but 
operation of the station has been permanently discontinued, the 
licensee is required to turn the license in for cancellation. If a 
valid license is not listed on the appropriate table or the licensee 
believes that it is listed incorrectly as forfeited or cancelled, the 
licensee must submit, within sixty days of the release of this public 
notice, a copy of the license. In addition, with the same filing, the 
licensee must also submit a declaration, signed by an authorized 
representative of the licensee that the license is valid along with an 
explanation as to why the license has not been forfeited or cancelled.
    If a conditional license or construction permit is listed as an 
unconstructed station, but a certification of construction has been 
filed, the licensee is requested to submit an FCC date-stamped copy of 
that filing or other contemporaneous evidence demonstrating that the 
certification of construction was timely filed. In addition, with the 
same filing, the licensee must also submit a declaration, signed by an 
authorized representative of the licensee that the license is valid 
along with an explanation as to why the license has not been forfeited 
or cancelled.
    If the information requested previously is being sent via United 
States Postal Service, licensees must use the following address: 
Federal Communications Commission, MDS/ITFS Database Corrections, 1270 
Fairfield Road, Gettysburg, PA 17325.
    Correspondence sent by overnight mail couriers (e.g., Federal 
Express, United Parcel Service, Airborne), hand-delivery or messenger 
must be addressed to: Federal Communications Commission, MDS/ITFS 
Database Corrections, 1120 Fairfield Road, Gettysburg, PA 17325.

Pending ITFS/MDS/MMDS Applications

    WTB is also making available for public inspection two tables of 
pending ITFS/MDS/MMDS applications on the Commission's internet Web 
site at http://wireless.fcc.gov/services/itfs&mds/licensing/inventory.html. These tables include all electronically filed pending 
applications as of October 16, 2002, and all manually filed 
applications, filed prior to August 1, 2002. A hard copy of each table 
is also available for public inspection at the Commission's Reference 
Information Center, 445 12th Street, SW., Room CY-A257, Washington, DC 
20554. Table E lists all pending ITFS applications. Table F lists all 
pending MDS/MMDS applications. Tables E and F contain the following 
information for each pending application: file number, application 
purpose, facility ID, location, channel and additional administrative 
information concerning the pending application. Technical information 
is not included in the tables. Technical information for pending 
applications for new stations or a modification of license can be 
queried on the Internet at http://wireless.fcc.gov/services/itfs&mds/licensing/inventory.html. These applications may be queried by using 
the facility ID.
    Within sixty days of the release of this public notice, ITFS/MDS/
MMDS licensees and applicants are requested to review and, where 
appropriate, verify the attached pending application tables and 
technical information for the following: (1) That the pending 
application(s) is/are listed on the appropriate table; (2) that the 
information listed on the table for the pending application is accurate 
and complete; (3) that the associated technical data for a pending 
application requesting a new station or a modified station is correct 
(including verification that the specification of NAD27 or NAD83 for 
all coordinates on the application is correct); and (4) for all 
applications filed prior to March 25, 2002, that Commission action on 
the pending application(s) is still requested. All data corrections 
submitted should include a cover sheet with the following information: 
FCC Registration Number, which table the change is being requested for, 
call sign of the licensed station, Facility ID, and a current contact 
person (including mailing address, telephone number and e-mail address 
if available).
    If the information for the application is accurate and the 
application was filed after March 25, 2002, no further action is 
required. If, on the other hand, a pending application is not listed in 
the appropriate table and processing is requested, the applicant, by 
its authorized representative, is requested to submit within sixty days 
of the release of this public notice two FCC date-stamped copies of the 
omitted application.
    In addition, for pending applications filed prior to March 25, 
2002, the applicant must: (1) Affirm, in writing, within sixty days of 
the release of this public notice that continued processing of the 
application is requested by contacting the Commission at the addresses 
listed below in this subsection, and (2) submit a copy of the 
application with the written affirmation request.
    If an application is listed as pending, but has in fact been 
granted, dismissed or withdrawn, the licensee or applicant is requested 
within sixty days of the release of this public notice to submit 
updated information concerning the status of the application. If the 
application has been granted, the licensee or applicant must submit a 
copy of the associated license or other authorization, or other 
documentation that demonstrates that the application has been granted.
    If an applicant/licensee disputes any of the technical information 
of a pending application for a new station or

[[Page 69012]]

the modification of a station, the applicant/licensee should print the 
technical information from the internet site. All corrections should be 
hand-written on the printed copy and submitted in duplicate, along with 
documents supporting the requested correction.
    Applicants sending information via the United States Postal 
Service, should use the following address: Federal Communications 
Commission, MDS/ITFS Database Corrections, 1270 Fairfield Road, 
Gettysburg, PA 17325.
    Applicants sending information via overnight mail couriers, hand-
delivery or messenger should use the following address: Federal 
Communications Commission, MDS/ITFS Database Corrections, 1120 
Fairfield Road, Gettysburg, PA 17325.

Termination of Review Period

    At the end of the sixty-day review period, WTB will evaluate and 
update, where appropriate, all information received in response to this 
public notice. For any applications for which written affirmations 
requesting further processing have not been received, those 
applications will be dismissed without prejudice. At the conclusion of 
this review period, WTB will not entertain any future claims that 
licenses, conditional licenses, construction permits, applications, or 
pleadings may have been omitted from the BLS or accept any additional 
information from entities seeking to reinstate licenses, conditional 
licenses, or construction permits or prosecute dismissed applications 
and pleadings or applications that are dismissed pursuant to this 
Public Notice.

Contact Information

    Licensees and applicants should visit http://wireless.fcc.gov/services/itfs&mds/licensing/inventory.html in order to review the 
tables. For all questions regarding technical aspects of public access 
to BLS data, contact the FCC Technical Support Hotline: Call (202) 414-
1250 (TTY 202-414-1255) or e-mail to [email protected]. The hotline is 
available Monday through Friday 8 a.m. to 6 p.m. Eastern Time. All 
calls to the hotline are recorded.
    For all questions regarding legal matters relating to this Public 
Notice, contact John J. Schauble, Chief, Policy and Rules Branch, Kim 
Varner, Esq., Policy and Rules Branch, Public Safety and Private 
Wireless Division, or Stephen Svab, Esq., Policy and Rules Branch, 
Public Safety and Private Wireless Division, at (202) 418-0680.
    For all questions regarding data corrections, and how to file those 
corrections, contact the Licensing Support Hotline at 1-888-225-5322 
and select option 2.
FCC Notice Required by the Paperwork Reduction Act
    The public reporting for this collection of information is 
estimated to average .50 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the required data, and completing and reviewing the 
collection of information. If you have any comments on this burden 
estimate, or how we can improve the collection and reduce the burden it 
causes you, please write to the Federal Communications Commission, AMD-
PERM, Paperwork Reduction Project (3060-0893), Washington, DC 20554. We 
will also accept your comments regarding the Paperwork Reduction Act 
aspects of this collection via the Internet if you send them to 
[email protected]. Please do not Send your Response to this Address.
    Remember--You are not required to respond to a collection of 
information sponsored by the Federal government, and the government may 
not conduct or sponsor this collection, unless it displays a currently 
valid OMB control number or if we fail to provide you with this notice. 
This collection has been assigned an OMB control number of 3060-0893.
    The Foregoing Notice is Required by the Paperwork Reduction Act of 
1995, Pub. L. 104-13, October 1, 1995, 44 U.S.C. 3507.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-28890 Filed 11-13-02; 8:45 am]
BILLING CODE 6712-01-P