[Federal Register Volume 68, Number 111 (Tuesday, June 10, 2003)]
[Rules and Regulations]
[Page 34547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14221]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 21

[WT Docket No. 03-66; RM-10586; WT Docket No. 03-67; MM Docket No. 97-
217; WT Docket No. 02-68; RM-9718; FCC 03-56]


Facilitate the Provision of Fixed and Mobile Broadband Access, 
Educational and Other Advanced Services in the 2150-2162 and 2500-2690 
MHz Bands

AGENCY: Federal Communications Commission.

ACTION: Final rule; suspension of effectiveness.

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SUMMARY: This document suspends construction deadlines for Multipoint 
Distribution Service (MDS) and Instructional Television Fixed Service 
(ITFS) authorization holders until the completion of a companion 
rulemaking proceeding. The MO&O also temporarily suspends acceptance of 
applications for new ITFS licenses and applications to amend or modify 
either ITFS or MDS stations in the 2500-2690 MHz band, subject to 
certain exceptions. The purpose of the MO&O is to ensure that the 
Federal Communications Commission (FCC) neither requires nor allows 
significant investments in new or modified facilities that would be 
inconsistent with new rules proposed in the companion NPRM.

DATES: Effective June 10, 2003, Sec.  21.930 is suspended indefinitely.

FOR FURTHER INFORMATION CONTACT: Nancy Zaczek or Charles Oliver at 
(202) 418-0680, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau or via the Internet to [email protected] or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the FCC's Memorandum 
Opinion and Order, FCC 03-56, adopted on March 13, 2003, and released 
on April 2, 2003. 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 FCC'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].

0
1. In this Memorandum Opinion and Order, the FCC:
    [sbull] Temporarily suspends, until the completion of this 
rulemaking proceeding, acceptance of applications for new ITFS licenses 
and applications to amend or modify either ITFS or MDS stations in the 
2500-2690 MHz band, subject to certain exceptions; and
    [sbull] Suspends the current construction deadline for MDS and ITFS 
authorization holders until the completion of this rulemaking 
proceeding.

Ordering Clauses

    2. Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 7, 
10, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332, 333 and 
706 of the Communications Act of 1934, 47 U.S.C. 151, 152, 154(i), 157, 
160, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332, 333, 
and 706, that this Memorandum Opinion and Order is hereby adopted.
    3. The five-year build-out requirement in Sec.  21.930 of the FCC's 
rules, 47 CFR 21.930, is suspended until further notice.
    4. The build-out requirements for site-based ITFS and MDS licensees 
and permittees that have not expired as of the release date of this 
Memorandum Opinion and Order are suspended until further notice.
    5. Applications for new ITFS licenses, major modifications of MDS 
stations, or changes to ITFS stations other than minor modifications, 
applications for license assignments or transfers of control will not 
be accepted until further notice.
    6. Mutually exclusive ITFS applications for acceptance of 
settlement agreements filed after the release date of this Memorandum 
Opinion and Order will not be accepted.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission suspends 47 CFR 21.930 indefinitely.


Sec.  21.930  [Suspended]

    Section 21.930 is suspended indefinitely.

[FR Doc. 03-14221 Filed 6-9-03; 8:45 am]
BILLING CODE 6712-01-P