**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | DA 06-968                    |
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| WHTV BROADCASTING CORP. d/b/a/   | ** | File No. 0002444563          |
| DIGITAL TV ONE                   |    |                              |
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| Request for Permanent Waiver of  | *) |                              |
| Commission Rules Regarding       | ** |                              |
| Transition of Broadband Radio    |    |                              |
| Service and Educational          | *  |                              |
| Broadband Service to Revised     | *) |                              |
| Band Plan                        | ** |                              |
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| CARIBBEAN UNIVERSITY             | ** |                              |
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| Application to make              | *  |                              |
| Modifications to Educational     | *) |                              |
| Broadband Service Station WLX315 | ** |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted: January 29, 2007 Released: January 29, 2007**

By the Deputy Chief, Wireless Telecommunications Bureau:

# introduction

1.  The Wireless Telecommunications Bureau (Bureau) has before it a
    request by WHTV Broadcasting Corp. d/b/a/ Digital TV One (Digital TV
    One), seeking a waiver of Section 27.1230-27.1239 of the
    Commission's rules[^1] for itself and all of its Broadband Radio
    Service (BRS) and Educational Broadband Service (EBS)
    licensees/lessors.[^2] Hispanic Information and Telecommunications
    Network, Inc. (HITN)[^3] and Sisterna Universitario Ana G. Mendez,
    Inc. (Mendez),[^4] both EBS licensees, filed oppositions. Islanet,
    Inc., a Mendez lessee, filed comments in support of Mendez's
    opposition.[^5] The Bureau also has before it an application filed
    by Caribbean University (Caribbean) to modify its license for EBS
    Station WLX315, which Digital TV One uses in connection with its
    wireless cable system, to add seven booster facilities to its
    license,[^6] as well as a petition to deny that application filed by
    HITN.[^7] For the reasons discussed below, the Bureau grants Digital
    TV One's Waiver Request, denies the HITN Petition to Deny, and
    directs the Bureau's Broadband Division to process the Booster
    Application.

# Background

2.  On July 29, 2004, the Commission released a *Report and Order and
    Further Notice of Proposed Rulemaking* (*BRS/EBS* *R&O*) that
    revamped the rules and policies governing the licensing of services
    in the 2500-2690 MHz band.[^8] Prior to the *BRS/EBS* *R&O*, the
    technical rules and band plan for the 2500-2690 MHz band were
    designed primarily to promote wireless cable and educational
    television services, which resulted in licensees receiving
    interleaved channel groups instead of contiguous channel blocks.[^9]
    In most areas of the country, however, the deployment of wireless
    cable was not successful.

3.  Consequently, in the *BRS/EBS* *R&O*, the Commission developed a new
    band plan and technical rules that permits a range of new and
    innovative wireless services in the 2500-2690 MHz band and gives
    licensees contiguous channel blocks.[^10] The new band plan consists
    of two low-power segments, the Lower Band Segment (LBS) and the
    Upper Band Segment (UBS), and a high-power segment, the Middle Band
    Segment (MBS).[^11] The channel configuration and the technical
    rules for the LBS and UBS are designed to permit a range of wireless
    services.[^12] The MBS, in contrast, consists of seven high-power
    channels and is designed for the transmission of video programming,
    for those licensees that still wish to provide such
    programming.[^13] The *BRS/EBS* *R&O* further established a plan to
    transition EBS and BRS licensees from their interleaved channel
    locations to their new channels locations in the LBS, UBS, or
    MBS.[^14] Not all licensees, however, are required to transition to
    the new band plan and technical rules. The *BRS/EBS* *R&O* permitted
    certain Multichannel Video Programming Distributors (MVPD) to seek a
    waiver from the Commission to "opt-out" of the transition, thus
    permitting them to continue high-power, high-site operations
    throughout the entire 2500-2690 MHz band.[^15] On April 27, 2006,
    the Commission released the *Third Memorandum Opinion and Order and
    Second Report and Order* (*3rd MO&O*), in which it affirmed its
    decision to consider these waivers on a case-by-case basis.[^16]

4.  Digital TV One asks on behalf of itself and its licensees/lessors to
    "opt-out" of the transition of the 2500-2690 MHz band and seeks a
    waiver of Section 27.1230-27.1239 of the Commission's rules for
    itself and all of its licensees/lessors.[^17] In addition, Digital
    TV One requests that the waiver state that:

-   Digital TV one and its EBS and BRS channel lessors will have
    permanent authority to operate pursuant to Section 27.1209 on the
    "pre-transition" BRS/EBS band plan set forth in Section 27.5(i)(1);

-   Digital TV One and its EBS and BRS channel lessors must participate
    in good faith in any transition planning process relating to any
    geographic area that overlaps their GSAs. In conjunction with any
    transition, Digital TV One and its EBS and BRS channel lessors will
    subsequently make such modifications to their facilities at the
    proponent's expense as the proponent may reasonably request in an
    effort to reduce interference to licensees in other markets that are
    transitioning, provided that such modifications can be accomplished
    without cumulatively resulting in more than *de minimus* reduction
    in Digital TV One's ability to serve it then-existing subscribers;

-   Every main, booster, and base station currently used in conjunction
    with Digital TV One's system shall be permitted to continue
    operating under the maximum EIRP limits set forth for
    "pre-transition" operations in Section 27.50(h)(1)(i) and (ii);

-   Any channels used for the transmission of digital video programming
    on Digital TV One's system shall be permitted to continue operating
    under the "pre-transition" emission limits for digital video
    programming channels set forth in Section 27.53(l)(3);

-   Consistent with Section 27.55(a)(4)(i), all of the BRS and EBS
    channels in Digital TV One's system will be permitted to operate at
    any point along their respective GSA boundaries at the greater
    signal strength of 47 dBu or the strength authorized in their
    underlying licenses as of January 10, 2005;

-   Section 27.1220 (regarding the 5.5 MHz wide channels in the LBS and
    UBS) and 27.1222 (regarding the establishment of guardbands around
    the MBS) shall not be applicable to Digital TV One and its EBS and
    BRS channel lessors; and

-   Digital TV One and its EBS and BRS channel lessors shall not be
    subject to the height benchmarking obligations set forth in Section
    27.1221.

5.  Mendez and HITN argue that permitting Digital TV One to opt-out of
    the transition will prohibit all other BRS and EBS licensees in
    Puerto Rico from transitioning.[^18] Mendez further argues that the
    opt-out option was originally presented in the BRS/EBS proceeding as
    a possible escape valve for systems that, by virtue of their rural
    and isolated nature, would have little or no impact on other systems
    and licensees, and by virtue of their limited subscriber base, would
    not easily support the re-investment necessary to rebuild more
    efficient and effective facilities.[^19] Mendez further states that
    permitting a waiver here -- in the major metropolis of San Juan with
    over 2 million inhabitants --and then by necessity throughout the
    entire island of Puerto Rico, would stand these public interest
    considerations on their heads.[^20]

6.  On January 12, 2006, Caribbean University, the licensee of EBS
    Station WLX315 and an entity that leases its excess capacity to
    Digital TV One, filed an application to add seven booster facilities
    throughout its geographic service area.[^21] HITN filed a petition
    to deny that application on January 30, 2006.[^22] HITN argues that
    if Station WLX315 is allowed to opt out of the transition and if
    HITN's Station WLX706 transitions to the new band plan, Station
    WLX315 would become co-channel to Station WLX706.[^23] HITN contends
    that the facilities proposed in the Booster Application would result
    in signal levels within the GSA of Station WLX706 in excess of those
    permitted under Section 27.55 of the Commission's Rules.[^24] In
    response, Caribbean University and Digital TV One contend that
    HITN's objection should be dismissed as speculative because HITN has
    not shown that it will transition to the new band plan and because
    HITN does not dispute that the proposed facilities currently comply
    with the signal strength limitations contained in Section 27.55 of
    the Commission's Rules.[^25] The parties also dispute whether the
    proposed facilities would comply with Section 27.55 of the
    Commission's Rules if an opt-out waiver was granted to Digital TV
    One and HITN transitioned to the new band plan.[^26]

# discussion

7.  In the *BRS/EBS* *R&O*, the Commission found that it is in the
    public interest to consider waivers of the rules requiring licensees
    to transition to the new band plan and to comply with the new
    technical rules.[^27] Specifically, the Commission found that it is
    in the public interest to consider waivers on a case-by-case basis
    for those operators or their affiliates that meet the definition of
    a multichannel video programming distributor in Section 522 of the
    Communications Act of 1934, as amended, and that provide MVPD
    service to five percent or more of the households within their
    respective geographic service areas (GSAs) (the calculation made in
    accordance with the requirements Section 76.905(c)[^28] of the
    Commission's Rules).[^29] The Commission further found that it is in
    the public interest to consider waivers for any BRS or EBS licensee
    that is co-located with any qualified MVPD licensee that elects to
    opt-out.[^30] The Commission further found that it is in the public
    interest to consider waivers for those BRS licensees that have a
    viable business for high-powered operations, but who need more than
    seven digitized high-powered MBS channels to deliver their service
    to their customers.[^31]

8.  In reviewing requests to waive the rules, the Commission stated that
    it would consider the actions taken by MVPD or BRS licensees to
    minimize the affect of interference on neighboring markets, as well
    as the licensee's explanation as to why it cannot work within the
    transition rules adopted by the Commission.[^32] The Commission
    stated that waivers will be granted if it is shown that: (i) the
    underlying purpose of the rules(s) would not be served or would be
    frustrated by application to the instant case, and that a grant of
    the requested waiver would be in the public interest; or (ii) in
    view of the unique or unusual factual circumstances of the instant
    case, application of the rule(s) would be inequitable, unduly
    burdensome or contrary to the public interest, or the applicant has
    no reasonable alternative.[^33]

9.  The Bureau believes that Digital TV One has shown that requiring it
    to transition to the new band plan and technical rules would be
    inequitable, unduly burdensome or contrary to the public interest.
    First, Digital TV One has shown that it cannot transition to the new
    band plan because its BRS/EBS system uses more than seven digitized
    channels to deliver digitally compressed multichannel video service
    programming.[^34] Digital TV One uses all of the BRS spectrum and
    all but the four G-group EBS[^35] channels at 2500-2690 MHz band in
    and around San Juan, PR to provide over 110 channels of video and
    audio service to thousands of subscribers, in addition to wireless
    broadband internet access service.[^36] As stated above, under the
    *BRS/EBS R&O*, Digital TV One is not required to show that it
    provides service to at least five percent of the households within
    its geographic service area if it can show that it needs more than
    seven digitized channels and has a viable business for high-powered
    operations. The Bureau therefore rejects the arguments made by HITN
    and Mendez that Digital TV One's waiver request is defective because
    Digital TV One did not show that it provides service to at least
    five percent of the households within its geographic service
    area."[^37]

10. Second, Digital TV One has shown that it has developed a viable
    business. Unlike most wireless cable providers, Digital TV One has
    been able to establish a successful business providing wireless
    cable to the citizens of San Juan, Puerto Rico. For the past
    eighteen years, Digital TV One has spent millions of dollars to
    transform its service from an initial 8-channel analog video-only
    service to a service that provides over 110 channels of digital
    video programming and wireless broadband internet service.[^38]
    Although Mendez argues that Digital TV One should be required to
    provide the number of its video subscribers and whether that number
    is rapidly declining, the Bureau declines to require such
    information in this instance.[^39] As indicated above, the Bureau
    believes that Digital TV One has established that it is a viable
    business because it has been able to establish a wireless cable
    business when most other entities could not, it has remained in
    business for eighteen years, and has continued its commitment to
    developing its business by, for instance, being one of the first
    commercial systems in the United States and its territories to
    deploy digital wireless cable service.

11. In that regard, the Bureau notes that HITN and Mendez contend that
    allowing Digital TV One to opt out of the transition will make it
    more difficult for them to transition to the new band plan and limit
    the services they can provide.[^40] While they have shown that such
    difficulties exist, they do not offer any alternative short of
    requiring Digital TV One to cease operating its existing system. The
    Bureau finds that the resulting impact on Digital TV One's
    customers, employees, and owners would not be in the public
    interest. The Bureau rejects Mendez's suggestion that the Commission
    intended to limit opt-outs to rural, isolated areas.[^41] While
    impact on neighboring licensees is a factor to consider in
    connection with opt out requests, the Commission never limited such
    requests to rural or isolated areas. Indeed, the waiver granted to
    WATCH TV for Lima, Ohio was not for an isolated area.

12. The Bureau also notes that Digital TV One represents that it is
    prepared to participate in the transition planning process in good
    faith, and to subsequently make such modifications to its facilities
    at the proponent's expense as the proponent may reasonably request
    in an effort to reduce interference to licensees in other markets
    that are transitioning, provided that such modifications can be
    accomplished without effecting more than a *de minimis* reduction in
    Digital TV One's ability to serve its then existing
    subscribers.[^42] The Bureau therefore rejects HITN's argument that
    Digital TV One must show that that its proposed operations will not
    adversely impact the operations of neighboring potentially affected
    licensees.[^43] In light of Digital TV One's overall showing of a
    need for a waiver, the Bureau finds that Digital TV One's
    representation is sufficient to meet this condition.

13. The Bureau also disagrees with HITN and Mendez that Digital TV One's
    waiver is defective because it is not supported by a signature or
    affidavit of a Commission licensee.[^44] In this particular
    instance, Digital TV One's waiver request was placed on Public
    Notice and any of its licensees/lessors that wished to object could
    have submitted comments in response to the Public Notice. None of
    the licensees/lessors did so. Finally, the Bureau has reviewed the
    waiver conditions proposed by Digital TV One and determined that
    they strike the appropriate balance between maintaining service to
    Digital TV One's customers and minimizing disruption to neighboring
    licensees. Accordingly, Digital TV One and the EBS licensees that
    lease Digital TV One excess capacity will be granted a permanent
    waiver to opt-out of the transition to the new BRS/EBS band plan,
    subject to conditions described above.

14. With respect to the Booster Application, the Bureau denies the HITN
    Petition to Deny and directs the Bureau's Broadband Division to
    process the Booster Application. HITN does not allege that, under
    the current band plan, the facilities proposed in the Booster
    Application would interfere with Station WNC706's authorized
    operation. Because Caribbean is not transitioning to the new band
    plan, the rules allow it to operate with a signal strength "the
    greater of that permitted under the licensee\'s Commission
    authorizations as of January 10, 2005 or 47 dB mmu V/m."[^45] HITN
    contends that the proposed facilities would violate that rule if
    HITN transitions to the new band plan because Caribbean would place
    a signal in excess of the levels contained in the rule within the
    GSA of HITN's Station WNC706.[^46] Assuming arguendo that such an
    argument provides a basis for denying the Booster Application, HITN
    fails to make a *prima facie* case of a rule violation because it
    does not attempt to establish that the facilities proposed in the
    Booster Application would increase the signal strength in the
    direction of Station WNC706 over Caribbean's currently authorized
    facilities. Furthermore, while allowing Caribbean to continue to
    operate at higher power levels may affect HITN's ability to offer
    service using Station WNC706, the Bureau has concluded that the
    benefits of allowing Digital TV One to maintain its existing
    operations outweigh any impact on neighboring licensees.
    Accordingly, the Bureau denies the Petition.

# CONCLUSION AND ordering clauses

15. The Bureau concludes that Digital TV One has justified a waiver. It
    has shown that it has a viable business for high-powered operations
    and that it needs more than seven digitized high-powered MBS
    channels to deliver its service to its customers. The Bureau also
    concludes that requiring Digital TV One to transition to the new
    band plan would be inequitable, unduly burdensome and contrary to
    the public interest because it would be required to discontinue its
    existing service to customers. While the parties opposing the Waiver
    Request have shown that granting a waiver will have an impact on
    their ability to transition, the Bureau concludes that the benefits
    of allowing Digital TV One to maintain its operations outweigh any
    impact on other licensees.

16. ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the
    Communications Act of 1934, 47 U.S.C. § 154(i), and Section 1.925 of
    the Commission's Rules, 47 C.F.R. § 1.925, that the "Request for
    Waiver" filed by WHTV Broadcasting Corp. d/b/a/ Digital TV One on
    September 30, 2005 IS GRANTED.

17. 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 1.939 and 27.55 of the Commission's Rules, 47 C.F.R. §§
    1.939, 27.55, that the Petition to Deny filed by Hispanic
    Information and Telecommunications Network, Inc. on January 30, 2006
    IS DENIED.

18. 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
    Section 1.924 of the Commission's Rules, 47 C.F.R. § 1.924, that the
    Broadband Division of the Wireless Telecommunications Bureau SHALL
    PROCESS the modification application filed by Caribbean University
    on January 12, 2006 (File No. 0002444563), as amended, in accordance
    with this letter and the Commission's rules and policies.

> Federal Communications Commission
>
> Cathleen A. Massey
>
> Deputy Chief, Wireless Telecommunications Bureau

[^1]: Waiver Request (filed Sept. 30, 2005) (Waiver Request). Sections
    27.1230-27.1239 of the Commission's rules concern the transition of
    Broadband Radio Service (BRS) and Educational Broadband Service
    (EBS) to the band plan adopted by the Commission in the *BRS/EBS
    Report and Order*. 47 C.F.R. § § 27.1230-27.1239. *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,
    *Report and Order and Further Notice of Proposed Rulemaking,* WT
    Docket No. 03-66, 19 FCC Rcd 14165 (2004) (*BRS/EBS R&O* and *FNPRM*
    as appropriate).

[^2]: Digital TV One's nine licensees/lessors are as follows: Station
    WLX321 (Channels A1-A4/ Catholic Archdiocese of San Juan); Station
    WLX323 (Channels B1-B4/University of Puerto Rico); Station WLX315
    (Channels C1-C4/Caribbean University); Station WLX322 (Channels
    D1-D4/ Puerto Rico Medical Association); Station WHT654
    (E1-E4/Victor Ginorio Gomez); Station WHT655 (Channels
    F1-F4/Fundacion Sala, Inc.); Station WNTF632 (Channel H1/ Fundacion
    Sala, Inc.); Station WNTB423 (Channel H2/ Fundacion Sala, Inc.); and
    Station WNTB467 (Channel H3/ Fundacion Sala, Inc.). Waiver Request
    (filed Sept. 30, 2005) at 5 (Waiver Request).

[^3]: Petition to Deny (filed Dec. 1, 2005) (HITN Opposition). HITN
    holds over 60 station authorizations in the EBS for facilities
    throughout the United States including the following B and D group
    stations in Puerto Rico: Fajardo (WNC698 and WNC706), Jayuya (WND680
    and WND679), Maricao (WND557 and WND558) and Aguadilla (WNC700 and
    WNC725) *Id.* at 3. When the Commission increased the size of the
    protected service area from 15 miles to 35 miles, six of the PSAs
    awarded to HITN significantly overlap the PSAs of the relevant
    co-channel and adjacent channel San Juan stations. *Id.* at 4.
    Digital TV One filed an opposition on December 28, 2005. Opposition
    of Digital TV One to Petition to Deny (filed Dec. 28, 2005). HITN
    filed a reply on January 23, 2006. Reply to Opposition (filed Jan.
    23, 2006). HITN also filed a Supplement to Reply on January 30,
    2006. Supplement to Reply (filed Jan. 30, 2006) (HITN Supplement to
    Reply). After these pleadings were filed, the Wireless
    Telecommunications Bureau sought comment on the Waiver Request but
    noted that the HITN Opposition and responsive pleadings would be
    incorporated into the record and considered together with the Waiver
    Request. *See* Wireless Telecommunications Bureau Seeks Comment on
    Request by WHTV Broadcasting Company d/b/a Digital TV One For Waiver
    of Requirement to Transition to New BRS/EBS Band Plan, *Public
    Notice*, 21 FCC Rcd 5015, 5017 (WTB 2006) (*Comment Public Notice*).

[^4]: Petition to Deny (filed Jan. 9, 2006) (Mendez Opposition). Mendez
    developed an island-wide EBS system connecting East University,
    Metropolitan University, and the University of Turabo as well as
    students at other campuses throughout Puerto Rico. *Id.* at 2.
    Mendez EBS network consists of nine EBS stations, which are located
    in the following municipalities throughout Puerto Rico: Jayuya
    (Station WLX661/A-group channels); Gurabo (Station WLX662/C-group
    channels); Aguadilla (Station WLX663/C-group channels); Ceiba
    (Station WNC703/C-group channels); Aguas Buenas, serving San Juan
    (Station WLX664/G-group channels); Cayey (Station WNC864/G-group
    channels); Maricao (Station WNC693/G-group channels); Humacao
    (Station WNC694/G-group channels); and Guayama (Station
    WNC695/G-group channels). *Id.* at 2.

[^5]: Islanet, Inc. Comments (filed May 17, 2006) (Islanet Comments).
    Pursuant to the schedule established in the *Comment Public Notice*,
    Digital TV One opposed the Mendez Opposition and Islanet Comments on
    May 30, 2006. Opposition of Digital TV One to Petition to Deny and
    Comments (filed May 30, 2006).

[^6]: File No. 0002444563 (Booster Application).

[^7]: Petition to Deny (filed Jan. 30, 2006) (HITN Petition to Deny).
    Caribbean and Digital TV One jointly opposed the HITN Petition to
    Deny on February 13, 2006. Opposition to Petition to Deny (filed
    Feb. 13, 2006) (Caribbean Opposition). HITN filed a reply on
    February 23, 2006. Reply to Opposition (filed Feb. 23, 2006) (HITN
    Reply).

[^8]: *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, *Report and Order and Further Notice of
    Proposed Rulemaking,* WT Docket No. 03-66, 19 FCC Rcd 14165 (2004)
    (*BRS/EBS R&O* and *FNPRM* as appropriate).

[^9]: In the EBS and BRS services, channels are usually licensed in
    groups of four. When EBS was created, EBS reception equipment could
    not receive adjacent channels without interference. Thus, the
    Commission interleaved the A block channels with the B block
    channels, the C block channels with the D block channels, the E
    block channels with the F block channels and the G block channels
    with the H block channels. *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, *Notice of
    Proposed Rulemaking and Memorandum Opinion and Order,* WT Docket No.
    03-66, 18 FCC Rcd 6722, 6744 ¶ 47 (2003) (*NPRM*).

[^10]: *See BRS/EBS R&O*, 19 FCC Rcd. 14165, 14168 ¶ 4.

[^11]: *Id.* at 14169 ¶ 6.

[^12]: *Id.* at 14168 ¶ 4.

[^13]: *Id.* at 14185-14186 ¶ 4.

[^14]: *Id*. at 14197-14198 ¶ 72.

[^15]: *Id.* at 14199-14200 ¶ 77.

[^16]: 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, *Third Memorandum Opinion and Order and Second
    Report and Order,* WT Docket No. 03-66, 21 FCC Rcd. 5606, 5645 ¶ 72
    (2006) (*3rd MO&O)*. In the *3rd MO&O* the Commission also granted
    WATCH TV's request to opt-out of the transition of the 2.5 GHz band
    in Lima, Ohio. *Id*. at ¶ 84.

[^17]: Waiver Request at Executive Summary. Sections 27.1230-27.1239 of
    the Commission's rules concern the transition of BRS and EBS to the
    band plan adopted by the Commission in the *BRS/EBS R&O*. 47 C.F.R.
    § § 27.1230-27.1239. *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, *Report and Order and Further
    Notice of Proposed Rulemaking,* WT Docket No. 03-66, 19 FCC Rcd
    14165 (2004) (*BRS/EBS R&O* and *FNPRM* as appropriate).

[^18]: Mendez Opposition at 1, HITN Opposition at 2.

[^19]: Mendez Opposition at 7.

[^20]: *Id.* at 7-8.

[^21]: Booster Application. Normally, a licensee may add booster
    facilities within its geographic service area without seeking
    individual Commission approval. 47 C.F.R. § 27.1209(b). In this
    case, however, because notification is required to the Arecibo
    Observatory in Puerto Rico, a separate application is required. 47
    C.F.R. §§ 1.924(d), 27.1209(b)(1)(iii).

[^22]: HITN Petition to Deny.

[^23]: HITN Petition to Deny at 2.

[^24]: HITN Petition to Deny at 2.

[^25]: Caribbean Opposition.

[^26]: *Compare* Caribbean Opposition, Engineering Statement of James C.
    Cornelius in Opposition of a Petition to Deny by HITN and HITN
    Reply, Technical Statement of Jeffrey C. Gehman of the Firm of
    Kessler and Gehman Associates, Inc. Consulting Engineers in Support
    of a Reply to Opposition to Petition to Deny by HITN.

[^27]: *BRS/EBS R&O*, 19 FCC Rcd. 14165, 14199 ¶ 77.

[^28]: 47 CFR § 76.905(c).

[^29]: *BRS/EBS R&O*, 19 FCC Rcd. 14165, 14199 ¶ 77.

[^30]: *Id.*

[^31]: *Id.*

[^32]: *Id.*

[^33]: Id. at 14199-14200, ¶ 77. 47 C.F.R. § 1.925(b)(3).

[^34]: Waiver Request at 2.

[^35]: The G-group channels are used by the Mendez system. Mendez
    Opposition at 2-3.

[^36]: Waiver Request at Executive Summary.

[^37]: Mendez Petition at 5, HITN Petition at 6-7.

[^38]: Waiver Request at 6.

[^39]: *See* Mendez Petition at 8.

[^40]: *See* HITN Opposition at 7-10, HITN Supplement to Reply, Mendez
    Opposition at 6-8.

[^41]: Mendez Opposition at 7.

[^42]: Waiver Request at 9.

[^43]: HITN Opposition at 7.

[^44]: HITN Opposition at 6, Mendez Opposition at 3-4.

[^45]: 47 C.F.R. § 27.55(a)(4)(i).

[^46]: HITN Petition to Deny at 2.