*Pages 1--3 from Microsoft Word - 42400* Federal Communications Commission DA 02- 2003 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 THIRD ERRATUM Released: August 14, 2002 By the Deputy Chief, Public Safety and Private Wireless Division: 1. On May 23, 2002, the Commission released a Memorandum Opinion and Order and Second Report and Order (FCC 02- 116) in the above captioned proceeding. This action inadvertently overwrote one paragraph that was recently added to Section 25.208 of the Commission's Rules. 1 Therefore, with this Third Erratum, we correct the rules in Appendix D. In addition, the table of contents description of Section 101.1412 of the Commission’s Rules, in Appendix D was incorrect and will be corrected to comport with the text of the Memorandum Opinion and Order and Second Report and Order. Moreover, Section 101.1417 of the Commission’s Rules, “Annual Report” was incomplete. Therefore, with this Third Erratum we correct Section 101.1417 to conform to the text of the Memorandum Opinion and Order and Second Report and Order. 2. The reference to Section 25.208( k) in Appendix D should read Section 25.208( o). 3. Section 25.208 is amended by adding new paragraph (o) to read as follows: § 25.208 Power flux density limits. 1 New paragraphs §§ 25.208 (k), (l) and (m) were added in the 12.2- 12.7 GHz First Report and Order and Further Notice of Proposed Rule Making, FCC 00- 418, ET Docket No. 98- 206, 16 FCC Rcd 4096 (2000). New paragraph § 25.208 (n) was added in Amendment of Parts 2, 25 and 97 of the Commission’s Rules with Regard to Mobile- Satellite Service Above 1 GHz, 2002 WL 186868, FCC 02- 23, 17 FCC Rcd 2658 (2002). 1 Federal Communications Commission DA 02- 2003 3 (3) The following statistical information for the licensee’s station (and each channel thereof): (i) The total number of separate subscribers served during the calendar year; (ii) The total hours of transmission service rendered during the calendar year to all subscribers; (iii) The total hours of transmission service rendered during the calendar year involving the transmission of local broadcast signals; and (iv) A list of each period of time during the calendar year in which the station rendered no service as authorized, if the time period was a consecutive period longer than 48 hours. (b) The licensee, by an appropriate corporate officer, controlling partner, or individual proprietor, must certify this report as to the accuracy and completeness of the information contained therein. (c) A copy of each year's report shall be retained in the principal office of the licensee and shall be readily available to the public for reference and inspection. 6. 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 Ramona E. Melson Deputy Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau 3