DA 04-3159

Released: September 30, 2004

**WIRELESS TELECOMMUNICATIONS BUREAU, MOBILITY DIVISION**

**SEEKS COMMENT ON ACCESS 220, LLC's REQUEST FOR WAIVER OF CONSTRUCTION
REQUIREMENTS AND EXTENSION OF TERMS OF ITS LICENSES IN THE 220 MHz
SERVICE**

Comment Date: November 1, 2004 Reply Comment Date: November 15, 2004

On September 16, 2004, Access 220, LLC ("Access 220") filed a Request
for Renewal of its Phase I Nationwide 220 MHz Licenses, and for Waivers
of Various Part 90 rules ("Waiver Request").[^1] Specifically, Access
220 requests that the Commission: (1) extend the license terms for all
of its 220 MHz licenses so that they have a uniform expiration date of
September 19, 2019, thereby creating a fifteen--year license term; (2)
eliminate all interim performance requirements for these licenses,
including the substantial service requirement associated with the
renewal of its Phase I Nationwide licenses; (3) require that Access 220
meet the substantial service standard only at the new uniform September
19, 2019 renewal date; (4) apply the performance requirements for the
700 MHz Guard Band licenses to all of Access 220's licenses in the 220
MHz service (these requirements are described in sections 27.14(a) and
27.607(a) of the Commission's rules); and (5) consolidate all of Access
220's 220 MHz service licenses under a single license and call sign.[^2]

In support of its Waiver Request, Access 220 points out that, in 2002,
the Wireless Telecommunications Bureau granted its request for waivers
to allow it to act as a band manager for the spectrum authorized under
its 220 MHz service licenses.[^3] Access 220 states, however, that
despite its diligent efforts to promote its 220 MHz spectrum as a
wireless solution for a variety of spectrum users, it still faces
various obstacles in developing its band manager business, including the
lack of viable equipment for the band. Access 220 argues that, because
band managers are primarily engaged in the leasing of their spectrum to
third parties, the traditional construction requirements are not
appropriate for band managers. Access 220 argues that the 220 MHz
service presents particular difficulties because it is highly fragmented
and, as a result, has been underdeveloped for many years. Access 220
claims that, as a result of this fragmentation, it holds its spectrum
under more than a hundred separate licenses, with varying geographic
coverage areas, construction deadlines, and renewal dates. Access 220
contends that, because most of its prospective customers need to employ
channels from multiple licenses to deploy a communications solution, the
patchwork of license terms and construction requirements is creating
uncertainty among prospective customers and thus jeopardizing the
viability of the band manager concept. Access 220 urges the Commission
to adopt license terms for its 220 MHz licenses which are similar to
those of band managers in the 700 MHz Guard Band, which have
fifteen-year terms which expire in 2015, and which are not required to
meet performance requirements until the renewal date.[^4] Access 220
contends that the adoption of such license terms for its 220 MHz
licenses would eliminate unnecessary administrative burdens for itself
and the Commission, promote the public interest by creating an
environment for the most flexible and efficient use of the spectrum, and
provide an opportunity for commercial success in the 220 MHz service.

We note that many of Access 220's applications were placed on a routine
weekly Public Notice, Report Number 1948, released September 29, 2004 to
allow public comment. For administrative ease, we hereby consolidate the
comment period for Access 220's Waiver Request and interested parties
may file comments on or before November 1, 2004. Parties interested in
submitting reply comments must do so on or before November 15, 2004. All
comments should reference the subject request including the DA number of
this Public Notice, and should be filed with the Office of the
Secretary, Federal Communications Commission, 445 Twelfth Street, S.W.,
TW-325, Washington, D.C. 20554.[^5] A copy of each filing also should be
sent to: (1) Best Copy and Printing, Inc., Portals II, 445 Twelfth
Street, S.W., Suite CY-B402, Washington, D.C. 20554; (2) Maria Ringold,
Federal Communications Commission, Consumer and Governmental Affairs
Bureau, Reference Information Center (RIC), 445 Twelfth Street, S.W.,
Room CY-B529, Washington, D.C. 20554; and (3) Allen A. Barna, Mobility
Division, Wireless Telecommunications Bureau, 445 Twelfth Street, S.W.,
Room 6324, Washington, D.C. 20554.

The Waiver Request and responsive comments and reply comments will be
available for inspection and duplication during regular business hours
in the Reference Information Center (RIC) of the Consumer Information
Bureau (CIB), Federal Communications Commission, 445 Twelfth Street,
S.W., Room CY-A257, Washington, D.C. 20554. Copies may also be obtained
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., Portals II, 445 Twelfth Street, S.W., Suite CY-B402, Washington,
D.C. 20554, (202) 863-2893, facsimile (202) 863-2898, or via e-mail
[www.bcpiweb.com](http://www.bcpiweb.com/). For further information
regarding the public reference file for this request, contact Maria
Ringold, Chief, Wireless Branch, RIC, (202) 418-1355.

Because of the policy implications and potential impact of this
proceeding on persons not parties to this request, we believe it would
be in the public interest to treat this matter as a permit-but-disclose
proceeding under the *ex parte* rules, *see* Sections 1.1200(a) and
1.1206 of the Commission's Rules, 47 C.F.R. §§ 1.1200(a), 1.1206, rather
than a restricted proceeding under Section 1.1208 of the Commission's
Rules, 47 C.F.R. § 1.1208. Therefore, any *ex parte* presentations that
are made with respect to the issues involved in the subject request,
subsequent to the release of this Public Notice, will be allowed but
must be disclosed in accordance with the requirements of Section
1.1206(b) of the Commission's Rules, 47 C.F.R. § 1.1206(b).

Action by the Deputy Chief, Mobility Division, Wireless
Telecommunications Bureau.

FOR FURTHER INFORMATION CONTACT Thomas Derenge, Mobility Division,
Wireless Telecommunications Bureau at (202) 418-2451, TTY (202) 418-1536
or via email to thomas.derenge@fcc.gov.

-FCC-

[^1]: *See* Universal Licensing System file numbers 0001874165,
    0001874077, 0001873630, and 0001873639.

[^2]: To renew the Phase I Nationwide licenses without requiring a
    demonstration of substantial service will require the waiver of
    sections 90.743(a)(1),(b)(1-3), and 90.725(a). To extend the terms
    of all of Access 220's 220 MHz licenses until September 19, 2019 and
    eliminate all interim performance requirements will require the
    waiver of sections 90.743(c), 90.765, 90.767, and 90.769.

[^3]: *See* Access 220, LLC, Request for Waivers to Provide Band
    Management Services Utilizing Licenses in the 220-222 MHz Band,
    *Memorandum Opinion and Order*, 17 FCC Rcd 20464 (2002).

[^4]: *See* Service Rules for the 746-764 and 776-794 MHz Bands, and
    Revisions to Part 27 of the Commission's Rules, *Second Report and
    Order,* 15 FCC Rcd 5299 (2000).

[^5]: The address for FCC filings should be used only for documents
    filed by United States Postal Service first-class mail, Express
    Mail, and Priority Mail. Hand-delivered or messenger-delivered
    documents for the Commission's Secretary are accepted only at 236
    Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. Other
    messenger-delivered documents, including documents sent by overnight
    mail (other than United States Postal Service Express Mail and
    Priority Mail) should be addressed for delivery to 9300 East Hampton
    Drive, Capitol Heights, MD 20743. *See* FCC Announces a New Filing
    Location for Paper Documents and a New Fax Number for General
    Correspondence, *Public Notice*, 16 FCC Rcd 22165 (2001).