47 CFR 27.1168 - Triggering a Reimbursement Obligation. | Title 47 - Telecommunication | Code of Federal Regulations

§ 27.1168 Triggering a Reimbursement Obligation.

(a) The clearinghouse will apply the following test to determine when an AWS entity or MSS/ATC entity has triggered a cost-sharing obligation and therefore must pay an AWS relocator, MSS relocator (including MSS/ATC), or a voluntarily relocating microwave incumbent in accordance with the formula detailed in § 27.1164:

(1) All or part of the relocated microwave link was initially co-channel with the licensed AWS band(s) of the AWS entity or the selected assignment of the MSS operator that seeks and obtains ATC authority (see § 25.149(a)(2)(i) of this chapter);

(2) An AWS relocator, MSS relocator (including MSS/ATC) or a voluntarily relocating microwave incumbent has paid the relocation costs of the microwave incumbent; and

(3) The AWS or MSS entity is operating or preparing to turn on a fixed base station (including MSS/ATC) at commercial power and the fixed base station is located within a rectangle (Proximity Threshold) described as follows:

(i) The length of the rectangle shall be x where x is a line extending through both nodes of the microwave link to a distance of 48 kilometers (30 miles) beyond each node. The width of the rectangle shall be y where y is a line perpendicular to x and extending for a distance of 24 kilometers (15 miles) on both sides of x. Thus, the rectangle is represented as follows:

(ii) If the application of the Proximity Threshold Test indicates that a reimbursement obligation exists, the clearinghouse will calculate the reimbursement amount in accordance with the cost-sharing formula and notify the AWS or MSS/ATC entity of the total amount of its reimbursement obligation.

(b) Once a reimbursement obligation is triggered, the AWS or MSS/ATC entity may not avoid paying its cost-sharing obligation by deconstructing or modifying its facilities.

Title 47 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 47.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-04-11; vol. 78 # 70 - Thursday, April 11, 2013

78 FR 21555 - Signal Booster Rules

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-07396
RIN
WT Docket No.	10-4
FCC	13-21

FEDERAL COMMUNICATIONS COMMISSION

Final rule.

Effective May 13, 2013, except for amendments to §§ 1.1307(b)(1), 20.3, 20.21(a)(2), 20.21(a)(5), 20.21(e)(2), 20.21(e)(8)(i)(G), 20.21(e)(9)(i)(H), 20.21(f), 20.21(h), 22.9, 24.9, 27.9, 90.203(q), 90.219(b)(1)(i), 90.219(d)(5), and 90.219(e)(5), which contain information collection requirements that are not effective until approved by the Office of Management and Budget (“OMB”). The FCC will publish a document in the Federal Register announcing the effective date for those sections.

47 CFR Parts 1, 2, 20, 22, 24, 27, and 90

Summary

In this document, the Federal Communications Commission (Commission) amends its rules concerning signal boosters for consumer and industrial use in effort to enhance wireless coverage for consumers, particularly in rural, underserved, and difficult-to-serve areas by broadening the availability of signal boosters while ensuring that boosters do not adversely affect wireless networks.

2013-04-01; vol. 78 # 62 - Monday, April 1, 2013

78 FR 19424 - Service Rules for the 698-746, 747-762 and 777-792 MHz Bands; Revision of the Commission's Rules To Ensure Compatibility With Enhanced 911 Emergency Calling Systems; et al.

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-07397
RIN
WT Docket Nos.	06-150, 01-309, 03-264, 06-169, 96-86, 07-166, CC Docket No. 94,102, PS Docket No. 06-229
FCC	13-29

FEDERAL COMMUNICATIONS COMMISSION

Final rule; petition for reconsideration.

Effective May 1, 2013.

47 CFR Parts 1, 22, 24, 27 and 90

Summary

The Memorandum Opinion and Order on Reconsideration (MO&O) denies or dismisses petitions seeking reconsideration of certain decisions made by the Commission in the 700 MHz Second Report and Order, relating to the 698-806 MHz Band, including decisions regarding performance requirements, the auction and competitive bidding rules, the open platform rules, public safety narrowband relocation procedures, and the decisions not to impose wholesale requirements, eligibility restrictions, and spectrum aggregation limits. This MO&O also dismisses as moot petitions for reconsideration of rules establishing a Public/Private Partnership between the Upper 700 MHz D Block (D Block) licensee and the Public Safety Broadband Licensee in the 763-768 MHz and 793-798 MHz bands.

2013-02-11; vol. 78 # 28 - Monday, February 11, 2013

78 FR 9605 - Operation of Wireless Communications Services in the 2.3 GHz Band; Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-02907
RIN
WT Docket No.	07-293
IB Docket No.	95-91
FCC	12-130

FEDERAL COMMUNICATIONS COMMISSION

Final rule.

Effective March 13, 2013, except for §§ 25.263(b), 27.72(b), and 27.73(a), which contain information collection requirements that are not effective until approved by the Office of Management and Budget. The Commission will publish a document in the Federal Register announcing the effective dates for those sections. The Director of the Federal Register will approve the incorporation by reference in § 27.73(a) concurrently with the published office of Management and Budget approval of this section.

47 CFR Parts 25 and 27

Summary

In this document, the Commission affirms, modifies, and clarifies its actions in response to various petitions for reconsideration and/or clarification. The revised rules are intended to enable Wireless Communications Service (WCS) licensees to deploy broadband services in the 2305-2320 MHz and 2345-2360 MHz (2.3 GHz) WCS bands while continuing to protect Satellite Digital Audio Radio Service (SDARS) operator Sirius XM Radio Inc. (Sirius XM) and aeronautical mobile telemetry (AMT) operations in adjacent bands and the deep space network (DSN) earth station in Goldstone, California from harmful interference. In addition, the revised rules will facilitate the flexible deployment and operation of SDARS terrestrial repeaters in the 2320-2345 MHz SDARS band, while protecting adjacent bands WCS licensees from harmful interference.

2013-02-05; vol. 78 # 24 - Tuesday, February 5, 2013

78 FR 8230 - Service Rules for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz Bands, etc.

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-01879
RIN
ET Docket No.	10-142
WT Docket Nos.	12-70 and 04-356
FCC	12-151

FEDERAL COMMUNICATIONS COMMISSION

Final rule; order of proposed modification.

Effective March 7, 2013, except amendments to 47 CFR 1.949, 27.14, 27.17, 27.1131, 27.1134, 27.1136, 27.1166, 27.1168, 21.1170, 101.69, and 101.73(d), which contain new or modified information collection requirements that require approval by the Office of Management and Budget (OMB). The Commission will publish a document in the Federal Register announcing the effective date of those sections.

47 CFR Parts 1, 2, 25, 27, and 101

Summary

In this document, the Federal Communications Commission (“Commission”) increases the Nation's supply of spectrum for mobile broadband by adopting flexible use rules for up to 40 megahertz of spectrum in the 2 GHz band (2000-2020 MHz and 2180-2200 MHz), which we term the AWS-4 band. In so doing, we carry out a recommendation in the National Broadband Plan that the Commission enable the provision of stand-alone terrestrial services in the 2 GHz Mobile Satellite Service (MSS) spectrum band. Specifically, we remove unnecessary regulatory barriers to mobile broadband use of this spectrum, and adopt service, technical, and licensing rules that will encourage innovation and investment in mobile broadband and provide a stable regulatory regime in which broadband deployment can develop.

2012-10-15; vol. 77 # 199 - Monday, October 15, 2012

77 FR 62461 - Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-25235
RIN
PS Docket No.	06-229
PS Docket	12-94
WT Docket	06-150
DA	12-1462

FEDERAL COMMUNICATIONS COMMISSION

Final rule.

Effective November 14, 2012, except for the removal of §§ 90.18 and 90.528 of the Commission's rules. The Commission will publish a separate document in the Federal Register announcing the subsequent effective date of these removals.

47 CFR Parts 0, 27, and 90

Summary

In this document, the Public Safety and Homeland Security Bureau (Bureau) of the Commission implemented certain provisions of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Safety Spectrum Act) governing deployment of a nationwide public safety broadband network in the 700 MHz band. Pursuant to clear statutory directives, the Bureau reallocated the D Block (758-763/788-793 MHz) for “public safety services” and delete Commission rules that are plainly inconsistent with this revised allocation; deleted the rules establishing, providing license authority with respect to, and governing operations under the Public Safety Broadband License in the existing public safety broadband spectrum; and adopted rules implementing the clear mandate of the Public Safety Spectrum Act to grant a license with respect to the public safety broadband spectrum (763-768/793-798 MHz), guard band (768-769/798-799 MHz), and the D Block to the First Responder Network Authority (FirstNet). By eliminating any confusion or uncertainty about the new regulatory framework applicable to the public safety broadband network, these action takes further steps necessary to facilitate the transition of this spectrum to FirstNet as required by the Act.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

§ 301 - License for radio communication or transmission of energy

§ 302 - Repealed. June 5, 1936, ch. 511,

§ 302a - Devices which interfere with radio reception

§ 303 - Powers and duties of Commission

§ 307 - Licenses

§ 309 - Application for license

§ 332 - Mobile services

§ 336 - Broadcast spectrum flexibility

§ 337 - Allocation and assignment of new public safety services licenses and commercial licenses

Title 47 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR 27 after this date.

2013-04-24; vol. 78 # 79 - Wednesday, April 24, 2013

78 FR 24138 - Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-08811
RIN
PS Docket No.	06-229
PS Docket No.	12-94
and WT Docket No.	06-150
FCC	13-31

FEDERAL COMMUNICATIONS COMMISSION

Proposed rule.

Submit comments on or before May 24, 2013. Submit reply comments on or before June 10, 2013.

47 CFR Parts 1, 2, 27 and 90

Summary

In this document, the Federal Communications Commission (Commission) sought comment on certain proposals to implement provisions of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Safety Spectrum Act) governing deployment of a nationwide public safety broadband network in the 700 MHz band under a nationwide license issued to the First Responder Network Authority (FirstNet). In particular, the Commission considered the adoption of initial rules to protect against harmful radio frequency interference in the spectrum designated for public safety services, as well as other matters related to FirstNet's license and to facilitating the transition directed under the Public Safety Spectrum Act. The proposals considered in the document are intended to provide a solid foundation for FirstNet's operations, taking into account FirstNet's need for flexibility in carrying out its statutory duties under the Public Safety Spectrum Act to establish a nationwide public safety broadband network.

2013-04-11; vol. 78 # 70 - Thursday, April 11, 2013

78 FR 21555 - Signal Booster Rules

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-07396
RIN
WT Docket No.	10-4
FCC	13-21

FEDERAL COMMUNICATIONS COMMISSION

Final rule.

Effective May 13, 2013, except for amendments to §§ 1.1307(b)(1), 20.3, 20.21(a)(2), 20.21(a)(5), 20.21(e)(2), 20.21(e)(8)(i)(G), 20.21(e)(9)(i)(H), 20.21(f), 20.21(h), 22.9, 24.9, 27.9, 90.203(q), 90.219(b)(1)(i), 90.219(d)(5), and 90.219(e)(5), which contain information collection requirements that are not effective until approved by the Office of Management and Budget (“OMB”). The FCC will publish a document in the Federal Register announcing the effective date for those sections.

47 CFR Parts 1, 2, 20, 22, 24, 27, and 90

Summary

In this document, the Federal Communications Commission (Commission) amends its rules concerning signal boosters for consumer and industrial use in effort to enhance wireless coverage for consumers, particularly in rural, underserved, and difficult-to-serve areas by broadening the availability of signal boosters while ensuring that boosters do not adversely affect wireless networks.

2013-04-01; vol. 78 # 62 - Monday, April 1, 2013

78 FR 19424 - Service Rules for the 698-746, 747-762 and 777-792 MHz Bands; Revision of the Commission's Rules To Ensure Compatibility With Enhanced 911 Emergency Calling Systems; et al.

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-07397
RIN
WT Docket Nos.	06-150, 01-309, 03-264, 06-169, 96-86, 07-166, CC Docket No. 94,102, PS Docket No. 06-229
FCC	13-29

FEDERAL COMMUNICATIONS COMMISSION

Final rule; petition for reconsideration.

Effective May 1, 2013.

47 CFR Parts 1, 22, 24, 27 and 90

Summary

The Memorandum Opinion and Order on Reconsideration (MO&O) denies or dismisses petitions seeking reconsideration of certain decisions made by the Commission in the 700 MHz Second Report and Order, relating to the 698-806 MHz Band, including decisions regarding performance requirements, the auction and competitive bidding rules, the open platform rules, public safety narrowband relocation procedures, and the decisions not to impose wholesale requirements, eligibility restrictions, and spectrum aggregation limits. This MO&O also dismisses as moot petitions for reconsideration of rules establishing a Public/Private Partnership between the Upper 700 MHz D Block (D Block) licensee and the Public Safety Broadband Licensee in the 763-768 MHz and 793-798 MHz bands.

2013-02-11; vol. 78 # 28 - Monday, February 11, 2013

78 FR 9605 - Operation of Wireless Communications Services in the 2.3 GHz Band; Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-02907
RIN
WT Docket No.	07-293
IB Docket No.	95-91
FCC	12-130

FEDERAL COMMUNICATIONS COMMISSION

Final rule.

Effective March 13, 2013, except for §§ 25.263(b), 27.72(b), and 27.73(a), which contain information collection requirements that are not effective until approved by the Office of Management and Budget. The Commission will publish a document in the Federal Register announcing the effective dates for those sections. The Director of the Federal Register will approve the incorporation by reference in § 27.73(a) concurrently with the published office of Management and Budget approval of this section.

47 CFR Parts 25 and 27

Summary

In this document, the Commission affirms, modifies, and clarifies its actions in response to various petitions for reconsideration and/or clarification. The revised rules are intended to enable Wireless Communications Service (WCS) licensees to deploy broadband services in the 2305-2320 MHz and 2345-2360 MHz (2.3 GHz) WCS bands while continuing to protect Satellite Digital Audio Radio Service (SDARS) operator Sirius XM Radio Inc. (Sirius XM) and aeronautical mobile telemetry (AMT) operations in adjacent bands and the deep space network (DSN) earth station in Goldstone, California from harmful interference. In addition, the revised rules will facilitate the flexible deployment and operation of SDARS terrestrial repeaters in the 2320-2345 MHz SDARS band, while protecting adjacent bands WCS licensees from harmful interference.

2013-02-05; vol. 78 # 24 - Tuesday, February 5, 2013

78 FR 8230 - Service Rules for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz Bands, etc.

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-01879
RIN
ET Docket No.	10-142
WT Docket Nos.	12-70 and 04-356
FCC	12-151

FEDERAL COMMUNICATIONS COMMISSION

Final rule; order of proposed modification.

Effective March 7, 2013, except amendments to 47 CFR 1.949, 27.14, 27.17, 27.1131, 27.1134, 27.1136, 27.1166, 27.1168, 21.1170, 101.69, and 101.73(d), which contain new or modified information collection requirements that require approval by the Office of Management and Budget (OMB). The Commission will publish a document in the Federal Register announcing the effective date of those sections.

47 CFR Parts 1, 2, 25, 27, and 101

Summary

In this document, the Federal Communications Commission (“Commission”) increases the Nation's supply of spectrum for mobile broadband by adopting flexible use rules for up to 40 megahertz of spectrum in the 2 GHz band (2000-2020 MHz and 2180-2200 MHz), which we term the AWS-4 band. In so doing, we carry out a recommendation in the National Broadband Plan that the Commission enable the provision of stand-alone terrestrial services in the 2 GHz Mobile Satellite Service (MSS) spectrum band. Specifically, we remove unnecessary regulatory barriers to mobile broadband use of this spectrum, and adopt service, technical, and licensing rules that will encourage innovation and investment in mobile broadband and provide a stable regulatory regime in which broadband deployment can develop.

2013-01-08; vol. 78 # 5 - Tuesday, January 8, 2013

78 FR 1167 - Service Rules for the Advanced Wireless Services in the H Block—Implementing Section 6401 of the Middle Class Tax Relief and Job Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000 MHz Bands

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-00157
RIN
WT Docket No.	12-357
FCC	12-152

FEDERAL COMMUNICATIONS COMMISSION

Notice of proposed rulemaking.

Submit comments on or before February 6, 2013. Submit reply comments on or before March 6, 2013. Written comments on the proposed information collection requirements, subject to the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13, should be submitted on or before March 11, 2013.

47 CFR Parts 1 and 27

Summary

In this document, the Commission proposes rules for the Advanced Wireless Services (AWS) H Block that would make available ten megahertz of spectrum for flexible use. The proposal would extend the widely-deployed Personal Communications Services (PCS) band, which is used by the four national providers as well as regional and rural providers to offer mobile service across the nation. The additional spectrum for mobile use will help ensure that the speed, capacity, and ubiquity of the nation's wireless networks keeps pace with the skyrocketing demand for mobile service.

2012-12-12; vol. 77 # 239 - Wednesday, December 12, 2012

77 FR 73969 - Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-29962
RIN
GN Docket No.	12-268
DA	12-1916

FEDERAL COMMUNICATIONS COMMISSION

Proposed rule; extension of comment and reply comment period.

The comment and reply comment period for the proposed rule published at 77 FR 69933, November 21, 2012 is extended. Submit comments on or before January 25, 2013 and reply comments on or before March 12, 2013.

47 CFR Parts 1, 27 and 73

Summary

The Media Bureau extends the deadline for filing comments and reply comments on the Notice of Proposed Rulemaking (“NPRM”) in this proceeding which was published in the Federal Register on November 21, 2012. The extension will provide commenters with sufficient time to prepare comments and reply comments in response to the NPRM.

2012-11-21; vol. 77 # 225 - Wednesday, November 21, 2012

77 FR 69934 - Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-27235
RIN
Docket No.	12-268
FCC	12-118

FEDERAL COMMUNICATIONS COMMISSION

Proposed rule.

Comments for this proceeding are due on or before December 21, 2012; reply comments are due on or before February 19, 2012. Written PRA comments on the proposed information collection requirements contained herein must be submitted by the public, Office of Management and Budget (OMB), and other interested parties on or before January 22, 2013.

47 CFR Parts 1, 27, and 73

Summary

In the Notice of Proposed Rulemaking, “Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions” ( NPRM ), released October 2, 2012, the Commission considers matters related to the implementation of Congress's mandate to conduct an incentive auction of broadcast television spectrum as set forth in the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act).

2012-10-15; vol. 77 # 199 - Monday, October 15, 2012

77 FR 62461 - Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-25235
RIN
PS Docket No.	06-229
PS Docket	12-94
WT Docket	06-150
DA	12-1462

FEDERAL COMMUNICATIONS COMMISSION

Final rule.

Effective November 14, 2012, except for the removal of §§ 90.18 and 90.528 of the Commission's rules. The Commission will publish a separate document in the Federal Register announcing the subsequent effective date of these removals.

47 CFR Parts 0, 27, and 90

Summary

In this document, the Public Safety and Homeland Security Bureau (Bureau) of the Commission implemented certain provisions of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Safety Spectrum Act) governing deployment of a nationwide public safety broadband network in the 700 MHz band. Pursuant to clear statutory directives, the Bureau reallocated the D Block (758-763/788-793 MHz) for “public safety services” and delete Commission rules that are plainly inconsistent with this revised allocation; deleted the rules establishing, providing license authority with respect to, and governing operations under the Public Safety Broadband License in the existing public safety broadband spectrum; and adopted rules implementing the clear mandate of the Public Safety Spectrum Act to grant a license with respect to the public safety broadband spectrum (763-768/793-798 MHz), guard band (768-769/798-799 MHz), and the D Block to the First Responder Network Authority (FirstNet). By eliminating any confusion or uncertainty about the new regulatory framework applicable to the public safety broadband network, these action takes further steps necessary to facilitate the transition of this spectrum to FirstNet as required by the Act.

47 CFR 27.1168 - Triggering a Reimbursement Obligation.

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