*Pages 1--2 from  Microsoft Word - 35589*
 Federal  Communications  Commission  DA  04-  336 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 


 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 


 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 
 ) 


 ET  Docket  No.  98-  206  RM-  9147 
 RM-  9245 


 ERRATUM 
 Released:  February  9,  2004 
 By  the  Chief,  Broadband  Division: 
 1.  On  July  7,  2003,  the  Commission  released  a  Third  Report  and  Order  (FCC  03-  152)  in  the  above  captioned  proceeding.  In  the  Third  Report  and  Order,  the  Commission  changed  the  service  area 
 definition  for  the  Multichannel  Video  Distribution  and  Data  Service  (MVDDS)  from  Component  Economic  Areas  (CEAs)  to  Designated  Market  Areas  (DMAs).  The  Order  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  refers  to  CEAs  rather  than 
 DMAs  in  determining  whether  there  is  a  significant  overlap  in  service  area  for  cable  operators.  Therefore,  with  this  Erratum,  we  correct  Section  101.1412(  d)  to  conform  to  the  text  of  the  Third  Report 
 and  Order  to  be  consistent  with  the  change  in  service  area  to  DMAs,  as  stated  in  Section  101.1401  of  the  Commission’s  Rules. 


 2.  Section  101.1412(  d)  is  added  to  Appendix  B  of  the  Third  Report  and  Order,  and  amended  to  read  as  follows: 
 §  101.1412  MVDDS  eligibility  restrictions  for  cable  operators. 
 *  *  *  *  * 
 (d)  Significant  overlap  with  service  area.  For  purposes  of  paragraph  (a)  of  this  section,  significant  overlap  occurs  when  cable  operator’s  subscribers  in  a  DMA  make  up  thirty-  five  percent  or 
 more  of  the  households  in  that  DMA. 
1
 Federal  Communications  Commission  DA  04-  336 
 2 
 *  *  *  *  * 
 3.  Accordingly,  IT  IS  ORDERED  that  this  Erratum  is  issued  pursuant  to  Section  0.331  of  the  Commission’s  rules  on  delegated  authority,  47  C.  F.  R.  §  0.331. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Joel  Taubenblatt  Chief,  Broadband  Division 
 Wireless  Telecommunications  Bureau 
2