**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the matter of                 | * | ET Docket No. 98-206         |
|                                  | * |                              |
| Amendment of Parts 2 and 25 of   | ) | RM-9147                      |
| the Commission\'s Rules to       | * |                              |
| Permit Operation of NGSO FSS     | * | RM-9245                      |
| 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                         | * |                              |
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+----------------------------------+---+------------------------------+

**FOURTH ERRATUM**

**Released:** September 17, 2004

By the Deputy Chief, Broadband Division, Wireless Telecommunications
Bureau:

1.  On May 23, 2002, the Commission released a *Memorandum Opinion and
    Order and Second Report and Order* (*MVDDS Second R&O*), FCC 02-116,
    in the above captioned proceeding.[^1] Appendix D of the *MVDDS
    Second R&O* contained final rules including Section 101.1412 (MVDDS
    eligibility restrictions for cable operators).[^2] On June 7,
    2002,[^3] and August 14, 2002,[^4] the staff released corrections to
    Appendix D of the *MVDDS Second R&O*. Thereafter, on May 28, 2004,
    an *Order* was released to correct errors in the Federal Register
    publication of the rules that were adopted in the *MVDDS Second
    R&O*.[^5]

2.  The instant *Fourth Erratum* to the *MVDDS Second R&O* corrects
    Section 101.1412. Specifically, we are correcting a cross-reference
    in a note to the rule that states that "waivers . . . may be granted
    upon an affirmative showing . . . ." In the adopted version, the
    cross reference was to "paragraph (f)(6)." However, to conform
    Section 101.1412 to the text of the Commission's decision in the
    *MVDDS Second R&O*, we are correcting the cross-reference to read:
    "paragraph (f)."[^6]

3.  Therefore, with this *Fourth Erratum*, we correct Section 101.1412
    to conform the rule to the text of the *Memorandum Opinion and Order
    and Second Report and Order*.

4.  In Section 101.1412, the "Note to paragraph (f)(6)" is removed.

5.  Section 101.1412 is amended by adding a Note at the end of the
    section to read as follows:

**§ 101.1412 MVDDS eligibility restrictions for cable operators.**

\* \* \* \* \*

[Note to Section 101.1412]{.underline}: Waivers of § 101.1412(f) may be
granted upon an affirmative showing:

> 1\. That the interest holder has less than a fifty percent voting
> interest in the licensee and there is an unaffiliated single holder of
> a fifty percent or greater voting interest;
>
> 2\. That the interest holder is not likely to affect the local market
> in an anticompetitive manner;
>
> 3\. That the interest holder is not involved in the operations of the
> licensee and does not have the ability to influence the licensee on a
> regular basis; and
>
> 4\. That grant of a waiver is in the public interest because the
> benefits to the public of common ownership outweigh any potential
> anticompetitive harm to the market.

6.  Any impact as defined by the Paperwork Reduction Act of 1995 (PRA),
    Public Law 104-13, the Congressional Review Act (CRA), and the
    Regulatory Flexibility Act of 1980, as amended (RFA), was addressed
    at the time of adoption and release of the *Memorandum Opinion and
    Order and Second Report and Order*. Therefore, the PRA, CRA and RFA
    requirements have already been fulfilled for this rule.

7.  Accordingly, IT IS ORDERED that this *Fourth 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

> John J. Schauble
>
> Deputy Chief, Broadband Division
>
> Wireless Telecommunications Bureau

[^1]: 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, *Memorandum
    Opinion and Order and Second Report and Order*, 17 FCC Rcd 9614
    (2002) (*MVDDS Second R&O*).

[^2]: 47 C.F.R. § 101.1412 (2002); *see also* *MVDDS Second R&O,* 17 FCC
    Rcd at 9720-38, App. D.

[^3]: *See* ET Docket No. 98-206, \[*Second*\] *Erratum* (rel. June 7,
    2002) (incorporated into the version of the *MVDDS Second R&O*
    published in the FCC Record). Earlier, on June 4, 2002, the staff
    released a \[*First*\] *Erratum* to the *MVDDS Second R&O* that
    added procedural text that was published at 67 FR 43031, 43032 (June
    26, 2002).

[^4]: *See* ET Docket No. 98-206, *Third Erratum*, 17 FCC Rcd 15849
    (PSPWD 2002). The *Third Erratum* will not be published separately
    in the Federal Register because subsequent actions in the captioned
    proceeding have modified or corrected all three of the rules that
    were discussed in the *Third Erratum*.

[^5]: *See* Amendment of Parts 25 and 101 of the Commission's Rules
    Governing Multichannel Video Distribution and Data Service in the
    12.2-12.7 GHz Band, *Order*, ET Docket No. 98-206, 19 FCC Rcd 9727
    (OMD 2004).

[^6]: The definition of an attributable interest under the
    MVDDS/cable-cross ownership rule was modeled after a similar rule
    for the Local Multipoint Distribution Service (LMDS). *See* *MVDDS
    Second R&O,* 17 FCC Rcd at 9682 (¶ 170), wherein the Commission
    noted that it was adopting a 20 percent attribution threshold
    modeled on the LMDS rule on eligibility restrictions for incumbent
    Local Exchange Companies (LECs) and cable companies. *See id.*
    citing *LMDS Second Report and Order,* CC Docket No. 92-297, 12 FCC
    Rcd 12545, 12630-31 (1997) (wherein, for LMDS, the Commission
    adopted 47 C.F.R. § 101.1003 (1998)).