[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Rules and Regulations]
[Pages 43002-43003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18429]


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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 03-169]


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; reinstatement.

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SUMMARY: This item modifies a Final rule to delete the request for 
comment on how the Commission should handle pending applications for 
extension of time to construct Multipoint Distribution Service (MDS) 
and Instructional Television Fixed Service (ITFS) stations. In light of 
representations that many entities have developed plans in the near 
future to deploy high-speed wireless broadband systems under our 
existing rules, the Commission now believes that acting on applications 
for extension of time to construct will facilitate continued deployment 
of broadband services and promote innovation and investment. This item 
also reinstates the Commission's rules and clarifies that MDS Basic 
Trading Area authorization holders need not comply with the build out 
requirements contained in the Commission's rules pending publication of 
a Report and Order in this proceeding.

DATES: Effective July 21, 2003, Sec.  21.930 which was suspended on 
June 10, 2003 (68 FR 34560) is reinstated.

FOR FURTHER INFORMATION CONTACT: Charles Oliver and John J. Schauble, 
Chief, Policy and Rules Branch, Public Safety and Private Wireless 
Division at (202) 418-0680, Public Safety and Private Wireless 
Division, Wireless Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the FCC's Order, FCC 
03-169, adopted on July 10, 2003, and released on July 10, 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://

[[Page 43003]]

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].
    1. On April 2, 2003, the Commission released a Memorandum Opinion 
and Order (MO&O), 68 FR 34547, June 10, 2003, in this proceeding. 
Pursuant to Sec.  1.108 of the Commission's rules, on our own motion, 
we issue this limited reconsideration of the MO&O by (1) replacing 
paragraph 201 (which addresses applications for extension of time to 
construct) with the language set forth herein, and (2) clarifying our 
action with respect to Sec.  21.930 of the Commission's rules, which 
sets forth the build-out requirements for Multipoint Distribution 
Service (MDS) Basic Trading Authorization (BTA) holders.
    2. Pending Applications for Extension of Time to Construct. With 
respect to pending applications for extensions of time to construct, we 
take this action in light of information that has come to our attention 
since the adoption and release of the MO&O. Specifically, in connection 
with petitions for reconsideration of our decision to impose a freeze 
on the filing of applications for new MDS and Instructional Television 
Fixed Service (ITFS) stations, as well as major changes to such 
stations, entities have represented to us that they have developed 
plans in the near future to deploy high-speed wireless broadband 
systems under our existing rules. For example, WCA estimates that 
approximately thirty wireless broadband operators plan to deploy 
systems in approximately eighty markets in the next twelve months. In 
light of this information, we are concerned that our decision to seek 
comment on how to treat pending applications for extensions of time to 
construct MDS and ITFS stations may hinder the deployment of MDS and 
ITFS systems aimed at providing broadband services. As noted in the 
NPRM/MO&O, one of our primary goals in this proceeding is to ``present 
a significant opportunity to provide alternatives for the provision of 
broadband services to consumers in urban, suburban and rural areas and 
to improve opportunities for distance learning and telemedicine 
services.'' Under those circumstances, we believe that it would be in 
the public interest to be able to act on those pending applications for 
extension of time to construct prior to the completion of this 
proceeding. We believe that acting on such applications will facilitate 
continued deployment of broadband services and promote innovation and 
investment therein. As a result, we are no longer seeking comment in 
the MO&O on the treatment of pending applications for extensions of 
time to construct MDS and ITFS stations.
    3. Accordingly, we delete paragraph 201 of the MO&O and replace it 
with the following language:
    4. Extension/Suspension of current performance requirements for 
site-based licensees. Moreover, we also believe that it is in the 
public interest to suspend the construction deadline for ITFS and MDS 
site-based licensees and permittees that have unexpired licenses or 
permits that have not expired as of the release date of the MO&O and 
that have made a timely filed extension request. We emphasize that the 
suspension of this construction deadline for site-based licensees does 
not affect the requirement for such licensees to timely file a renewal 
application. We stress that all site-based licensees are required to 
timely file renewal applications or face cancellation of their licenses 
regardless of the pendency of this proceeding.
    5. We note that we are not modifying our decision to hold in 
abeyance the construction build-out requirements for site-based 
incumbents that have licenses or permits that had not expired as of the 
release date of the MO&O. Furthermore, we continue to seek comment on 
whether we should change criteria for granting extension of time 
requests prospectively.
    6. MDS BTA Build-Out Rule. In the MO&O, we ``suspended'' the August 
16, 2003 construction deadline for MDS BTA authorization holders 
contained in Sec.  21.930 of the Commission's Rules. Upon further 
reflection, we believe that our use of the term ``suspend'' did not 
accurately reflect our intent in this matter. Our intent was to relieve 
MDS BTA authorization holders of the obligation to meet the build out 
deadline contained in Sec.  21.930 pending the release of a Report and 
Order in this proceeding. In order to more accurately reflect our 
intention, we are reinstating Sec.  21.930 of the Commission's Rules, 
but stating that MDS BTA authorization holders do not have to meet the 
build out obligations contained in that rule pending the release of a 
Report and Order in this proceeding. We continue to seek comment on how 
much additional time MDS BTA authorization holders should receive to 
meet their build out obligations after a Report and Order is issued in 
this proceeding.
    7. The actions contained herein have not changed our Initial 
Regulatory Flexibility Analysis (IRFA), which was set forth in the 
MO&O. Thus, no supplemental IRFA is necessary. In addition, the action 
contained herein has been analyzed with respect to the Paperwork 
Reduction Act of 1995 (PRA) and found to impose no new or modified 
reporting and/or recordkeeping requirements or burdens on the public.
    8. Pursuant to section 4(i) of the Communications Act of 1934, 47 
U.S.C. 154(i), and Sec.  1.108 of the Commission's Rules, 47 CFR 1.108, 
that the Memorandum Opinion and Order, FCC 03-56, is modified as set 
forth herein.
    9. Pursuant to section 4(i) of the Communications Act of 1934, 47 
U.S.C. 154(i), that Sec.  21.930 of the Commission's Rules, 47 CFR 
21.930, is reinstated.
    10. Pursuant to section 4(i) of the Communications Act of 1934, 47 
U.S.C. 154(i), and Sec.  21.930 of the Commission's Rules, 47 CFR 
21.930, that MDS BTA authorization holders need not comply with the 
build out requirements contained in Sec.  21.930 of the Commission's 
rules pending the publishing of a Report and Order in this proceeding.

List of Subjects in 47 CFR Part 21

    Communications common carriers, Communications equipment, Radio and 
Reporting and recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-18429 Filed 7-18-03; 8:45 am]
BILLING CODE 6712-01-P