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Specialized Issues, Due Diligence and Licensing Parameters

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  1. Auction 78 Seminar BROADBAND PCS Technical Issues, Due Diligence and Licensing Parameters Keith Harper Engineer Mobility Division, WTB June 10, 2008

  2. Disclaimer Nothing herein is intended to supersede any provision of the Commission's rules or public notices.  These slides should not be used as a substitute for a prospective applicant's review of the Commission's relevant orders, rules, and public notices.  Prospective applicants must familiarize themselves thoroughly and remain current with the Commission's rules, Orders, and Public Notices relating to the Advanced Wireless and Broadband Personal Communication Services, rules relating to application and auction procedures, and the procedures, terms and conditions contained in the Auction 78 public notices.

  3. Auction 78 Licenses 20 total licenses 5 C1 block licenses 2 C3 block licenses 3 C4 block license 2 C5 block licenses 1 D block licenses 4 E block licenses (includes partial markets) 3 F block licenses

  4. BROADBAND PCS CHANNELS Block Description Frequency Bands Bandwidth C1* 7.5 MHz/7.5 MHz paired 1902.5 – 1910, 1982.5 – 1990 MHz 15 C3* 5 MHz/5 MHz paired 1895 – 1900, 1975 – 1980 MHz 10 C4* 5 MHz/5 MHz paired 1900 – 1905, 1980 – 1985 MHz 10 C5 5 MHz/5 MHz paired 1905 – 1910, 1985 – 1990 MHz 10 D 5 MHz/5 MHz paired 1865 – 1870, 1945 – 1950 MHz 10 E 5 MHz/5 MHz paired 1885 – 1890, 1965 – 1970 MHz 10 F 5 MHz/5 MHz paired 1890 – 1895, 1970 – 1975 MHz 10 * Certain C Block licenses are “closed,” only “entrepreneurs” may bid on them.

  5. Licensing and Operating Rules • Rules for Broadband PCS: Sections 24.200 – 24.253. • License Term: 10 years from initial license grant date. • Partitioning (dividing geographic areas) and disaggregation (dividing spectrum) are permitted. • Renewal expectancy for licensees which satisfy build-out construction requirements.

  6. Licensing and Operating Rules • Build-out Requirements for Broadband PCS… • 10 MHz and 15 MHz Blocks: Within 5 years of being licensed, licensees must serve at least 1/4 of the population in their licensed area, or provide a showing of “substantial service” to the licensed area within the appropriate 5 year benchmark from the original license date.

  7. Licensing and Operating Rules in Rural Areas • Rural Area: A county with a population density of 100 persons per square mile or less, based upon the most recent Census data. • Power: There has been an increase in maximum power by 100%. For example, a base station of 300 meters or less in rural areas are allowed an increase from 1640 to 3280 watts EIRP. • Substantial Service: Rules for 30 MHz Broadband PCS licenses were changed to allow carriers to provide substantial service. For rural areas, carriers have a safe harbor option.

  8. Due Diligence Applicant Responsibility • Applicants should perform their individual due diligence before proceeding as they would with any new business venture. Applicants are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction 78. Pending Proceedings • Applicants should also be aware that certain pending and future applications (including those for modification), petitions for rulemaking, requests for special temporary authority, waiver requests, petitions to deny, petitions for reconsideration, informal oppositions, and applications for review before the commission may relate to particular applicants or incumbent licensees or the licenses available in Auction 78. In addition, pending and future judicial proceedings may relate to particular applicants or incumbent licensees, or the licenses available in Auction 78. Applicants are responsible for assessing the likelihood of the various possible outcomes, and considering their potential impact on spectrum licenses available in this auction.

  9. Due Diligence Microwave Relocation • Most of the incumbent private and common carrier fixed microwave service licensees operating in the 1850-1990 MHz band have been relocated. • Section 101.79 provides that if a Broadband PCS licensee intends to turn on a system within the interference range of an incumbent microwave licensee, it must provide the incumbent at least six months prior written notice, after which the incumbent microwave licensee must cease operations, subject to limited exceptions under Section 101.79.

  10. Broadband PCS Database • Universal Licensing System: wireless.fcc.gov/uls Register: Acquire login and Password File: Using ULS Online Filing Searches: Finding Applications and Licenses

  11. Application Filings • Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration • Major Environmental Action wireless.fcc.gov : Rules and Regs, Rules 1.1307 - 1.1311 • International Coordination Agreements • Canada • www.fcc.gov/ib/sand/agree/files/can-nb/pcs-bb.pdf • Mexico • www.fcc.gov/ib/sand/agree/files/mex-nb/pcs1850e.pdf

  12. ULS SEARCH • To search the history of the licenses listed in the Auction 78 inventory… • Go to wireless.fcc.gov/uls and select Search Licenses • Select Market Based Search • Enter Market Type (BTA), Market Code (BTA492), Channel Block (F), Radio Service Code (CW), Authorization Type (Regular), and Status (Expired, Canceled, and Terminated) • Search Results: KNLH733 – Westel, L.P. • Select Callsign • License for Westel, L.P.

  13. Broadband PCS Database • Partial Licenses In some cases, licenses are available for only a partitioned part of the market, or may be disaggregated and not include all of the spectrum associated with a particular frequency block.

  14. Partial Market License CW-BTA460-E

  15. AUCTION 78 INFORMATION WEBSITES • Auction Division: wireless.fcc.gov/auctions General Information Pre Auction, Auction, and Post Auction Links • Wireless Telecommunications Bureau: wireless.fcc.gov FCC Rules and Regulations Broadband PCS • Universal Licensing System: wireless.fcc.gov/uls Broadband PCS Database • International Bureau: www.fcc.gov/ib/sand/agree International Agreements

  16. Questions? • Technical or legal - licensing: Keith Harper (engineer) 202-418-0620 Michael Connelly (legal) 202-418-0132 • ULS or licensing: Bettye Woodward 202-418-0620 • Legal – auction: Scott Mackoul or Stephen Johnson 202-418-0660 • General auction questions: Jeff Crooks or Lisa Stover 717-338-2868

  17. Technical Issues, Due Diligence and Licensing Parameters THE END Disclaimer: This presentation is provided as informal staff information and assistance; it is not legal advice, nor is it a binding opinion of the WTB or FCC. Any Questions? Contact: Keith Harper, 202-418-0620, Keith.Harper@fcc.gov