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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  04-  335 
 February  9,  2004 


 WTB  ANNOUNCES  USE  OF  DESIGNATED  MARKET  AREAS  TO  DETERMINE  ELIGIBILITY  RESTRICTIONS  FOR  CABLE  OPERATORS  FOR  MULTICHANNEL 
 VIDEO  DISTRIBUTION  AND  DATA  SERVICE  LICENSEES 


 On  July  7,  2003,  the  Commission  released  a  Third  Report  and  Order  for  the  Multichannel  Video  Distribution  and  Data  Service  (MVDDS).  1  In  the  Third  R&  O,  the  Commission  revised  the 
 service  area  definition  and  build  out  requirements  for  MVDDS.  The  Commission  changed  the  service  area  from  Component  Economic  Areas  (CEAs)  to  Designated  Market  Areas  (DMAs), 
 finding  that  DMAs  are  more  effective  in  affording  MVDDS  licensees  the  opportunity  to  provide  a  wide  array  of  services  and  provide  a  better  method  of  delineating  service  areas  for  those  who 
 seek  to  provide  multichannel  video  programming  distribution  service  offerings.  2 
 The  Third  R&  O  amended  Section  101.1401  of  the  Commission's  Rules  to  reflect  this  change,  but  inadvertently  did  not  amend  Section  101.1412(  d).  Section  101.1412  addresses  the  eligibility 


 restrictions  for  cable  operators,  and  referred  to  CEAs  rather  than  DMAs  in  determining  whether  there  is  a  significant  overlap  in  service  area  for  cable  operators. 


 The  Commission  has  issued  an  Erratum,  correcting  Section  101.1412(  d)  to  be  consistent  with  the  change  in  MVDDS  service  area  to  DMAs.  3  This  amended  section  now  provides  that  significant 
 overlap  occurs  when  a  cable  operator’s  subscribers  in  a  DMA  make  up  thirty-  five  percent  or  more  of  the  households  in  that  DMA. 


 1  Amendment  of  Parts  2  and  25  of  the  Commission’s  Rules  to  Permit  Operation  of  NGSO  FSS  Systems 
 Co-  Frequency  with  GSO  and  Terrestrial  Systems  in  the  Ku-  Band  Frequency  Range;  Amendment  of  the  Commission’s  Rules  to  Authorize  Subsidiary  Terrestrial  Use  of  the  12.2-  12.7  GHz  Band  by  Direct 


 Broadcast  Satellite  Licensees  and  Their  Affiliates;  and  Applications  of  Broadwave  USA,  PDC  Broadband  Corporation,  and  Satellite  Receivers,  Ltd.  to  Provide  a  Fixed  Service  in  the  12.2-  12.7  GHz  Band,  Third 
 Report  and  Order,  ET  Docket  No.  98-  206,  FCC  03-  152,  released  July  7,  2003,  68  Fed.  Reg.  42610  (July  18,  2003)  (Third  R&  O). 


 2  Id.  at  ¶  8. 
 3  Erratum,  ET  Docket  No.  98-  206,  DA  04-  336  (rel.  Feb.  9,  2004). 
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 Action  by  Chief,  Broadband  Division,  Wireless  Telecommunications  Bureau. 
 For  further  information,  contact  Mary  Woytek,  Broadband  Division,  at  (202)  418-  2487. 


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