*Pages 1--3 from Microsoft Word - 48366.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 DA 05- 1279 Released: May 3, 2005 WIRELESS TELECOMMUNICATIONS BUREAU’S BROADBAND DIVISION GRANTS REQUESTS FOR RECONSIDERATION OF DISMISSAL OF BRS/ EBS APPLICATIONS In this Public Notice, the Wireless Telecommunication Bureau’s (WTB) Broadband Division (Division) grants various petitions for reconsideration of the decisions to dismiss modification and new station applications in the Educational Broadband Service (EBS) and Broadband Radio Service (BRS) (formerly the Instructional Television Fixed Service (ITFS) and Multipoint Distribution Service (MDS), respectively). In July 2004, the Commission released a Report and Order and Further Notice of Proposed Rulemaking, 1 in which it comprehensively restructured our rules with respect to BRS and EBS. One of the changes the Commission made was to institute geographic area licensing for BRS and EBS facilities. Under the new rules, BRS and EBS licensees may modify or add to their facilities without Commission approval so long as the facilities comply with the Commission’s new technical rules. 2 The only instances in which compliant facilities would require prior application to the Commission are: (1) international agreements require coordination; (2) submission of an Environmental Assessment is required under Section 1.1307 of the Commission’s Rules; or (3) the station would affect the radio quiet zones under § 1.924 of the Commission’s Rules. 3 In the BRS/ EBS R& O & FNPRM, the Commission directed WTB to “dismiss all pending applications to modify MDS or ITFS stations, except for modifications that could change an applicant’s PSA [protected service area] or applications for facilities that would have to be separately applied for under the rules we adopt today.” 4 In accordance with that order, WTB dismissed the applications listed in the appendix to this Public Notice. 5 1 Amendment of Parts 1, 21, 73, 74 and 101 of the Commission’s Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150- 2162 and 2500- 2690 MHz Bands, et al.; WTB Docket Nos. 03- 66, et al., Report and Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 14165 (2004) (BRS/ EBS R& O & FNPRM). 2 47 C. F. R. §§ 27. 1207( b), 27.1209( b). 3 Id. 4 BRS/ EBS R& O & FNPRM, 19 FCC Rcd at 14191 ¶ 58. 5 See Wireless Telecommunications Bureau Site- By- Site Action, Report No. 2038, Public Notice, (WTB rel. Jan. 12, 2005), Wireless Telecommunications Bureau Site- By- Site Action, Report No. 1953, Public Notice, (WTB rel. Oct. 6, 2004), Wireless Telecommunications Bureau Site- By- Site Action, Report No. 1947, Public Notice, (WTB 1 On October 29, 2004, the Commission released a modification to the BRS/ EBS R& O & FNPRM. 6 In that modification, the Commission clarified that it did not intend to have the Bureau dismiss applications to add or modify frequency assignments. 7 On the dates indicated in the Appendix to this Public Notice, the applicants listed in the Appendix filed timely petitions for reconsideration of the dismissal of the applications listed in the Appendix. After reviewing the petitions, we conclude that the applications listed in the Appendix should not have been dismissed, either because (1) the application sought to add or modify frequency assignments, (2) the application proposed to change a license’s protected service area, or (3) the application proposed changes that would require a prior authorization under the new rules. 8 Accordingly, we will grant the petitions for reconsideration and reinstate the applications in question. Accordingly IT IS ORDERED that pursuant to Sections 4( i), 309 and 405 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 309, 405 and Section 1.106 of the Commission’s Rules, 47 C. F. R. § 1.106, the Petitions for Reconsideration listed in the Appendix to this Public Notice ARE GRANTED, and the applications listed in the Appendix ARE REINSTATED. IT IS FURTHER ORDERED, pursuant to Sections 4( i) and 309 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 309, and Sections 27.1207 and 27. 1209 of the Commission’s Rules, 47 C. F. R. §§ 27. 1207, 1209, that the licensing staff of the Broadband Division SHALL PROCESS the applications listed in the Appendix in accordance with this Public Notice and the Commission’s Rules. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission’s Rules, 47 C. F. R. §§ 0. 131, 0.331. Action by the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau - FCC - rel. Sep. 29, 2004), Wireless Telecommunications Bureau Site- By- Site Action, Report No. 1941, Public Notice, (WTB rel. Sept. 22, 2004). 6 See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission’s Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150- 2162 and 2500- 2690 MHz Bands, et al.; WTB Docket Nos. 03- 66, et al., Order, 19 FCC Rcd 22284 (2004). 7 Id. at ¶ 8. 8 In the case of Daytona Beach Community College and Palomar Community College District, the applications in question were applications for extension of time to construct modified facilities. Based upon our review, we conclude that these applications should not have been dismissed because the modifications in question would require prior Commission approval under the new rules. 2 APPENDIX – GRANTED PETITIONS FOR RECONSIDERATION Licensee File Number( s) Call Sign Community of License Date Petition for Reconsideration Filed Board of County Commissioners, Palm Beach County 20031007AAA WPY38 Loxahatchee, Florida 10/ 22/ 2004 Caribbean University 20000818CZL WLX315 Aquas Buenas, Puerto Rico 10/ 28/ 2004 Catholic Archdiocese of San Juan 20000818CZK WLX321 Aquas Buenas, Puerto Rico 10/ 28/ 2004 Daytona Beach Community College 20020826AAA WLX780 Daytona Beach, Florida 02/ 01/ 2005 Eaton Rapids Public Schools 19951020CA New Station Lansing, Michigan 11/ 04/ 2004 Emerson College 19960919AA New Station Boston, Massachusetts 10/ 22/ 2004 Palomar Community College District 20021122AAF WGR707 San Marcos, California 02/ 01/ 2005 Salt Lake Educational Foundation 20010420AGR WND552 Salt Lake City, Utah 10/ 29/ 2004 WBSCB Licensing Corporation 19961105UO, 19961105UP New Station Coos Bay, Oregon 10/ 29/ 2004 WBSH Licensing Corporation 19961105UU, 19961105UV New Station Helena, Montana 10/ 29/ 2004 WBSK Licensing Corporation 19961115UQ, 19961115UR New Station( s) Klamath Falls, Oregon 10/ 29/ 2004 WBSR Licensing Corporation 19961216US, 19961216UT New Station( s) Roseburg, Oregon 10/ 29/ 2004 3