**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the matter of                 | *  | DA 07-1946                   |
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| Waiver Requests By Clarity Media | ** |                              |
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**Order**

**Adopted: May 2, 2007 Released: May 3, 2007**

By the Chief, Media Bureau:

# Introduction

1.  Clarity Media (Clarity) requests a waiver of the Cable Television
    Relay Service (CARS) rules, FCC Part 78, in order to create a new
    video programming service in the 2025-2110 MHz band.[^1] As
    discussed below, we deny Clarity's waiver request.

# Background

2.  The 2025-2110 MHz band is shared on a primary basis by CARS
    licensees and the Broadcast Auxiliary Service (BAS), which
    broadcasters use extensively for electronic news gathering
    (ENG).[^2] The band is also used on a primary basis by other
    licensees, including Part 101 (fixed microwave) licensees, and NASA,
    which uses this band for command and control communications for
    various space-based missions.[^3] The Department of Defense also may
    operate in this band at 11 locations nationwide.[^4]

3.  The Commission's Part 78 rules govern the licensing and operation of
    fixed and mobile CARS stations. CARS is principally a video
    transmission service used for intermediate links in a cable network.
    The underlying purpose of these rules is to "provide for the
    licensing and operation of fixed or mobile CARS stations used for
    the transmission of television and related audio signals, signals of
    standard and FM broadcast stations, signals of BRS/EBS fixed
    stations, and cablecasting from the point of reception to a terminal
    point from which the signals are distributed to the public by
    cable."[^5]

4.  Clarity seeks CARS authorizations to provide a low power,
    multichannel digital television distribution service using the 2025
    to 2110 MHz band at "Flying J" truck stop travel plazas. Using
    digital video compression, Clarity's proposed service will provide
    70 channels of live or pre-recorded television programming to
    professional long-haul truck drivers and RV operators.[^6] Clarity
    plans to provide the service for no more than \$39 per month.[^7]
    Clarity proposes to operate its service on a secondary,
    non-interfering basis.[^8] Clarity proposes to limit potential
    interference by using a single transmitter with four degrees of
    electrical down-tilt to reduce signal transmissions towards the
    horizon.[^9] Clarity has also indicated that it would establish a
    toll-free hotline that other users of the band could call to request
    the temporary shut down of any of Clarity's transmission sites.[^10]

5.  In July 2005, Clarity was granted an experimental license by the
    Commission's Office of Engineering and Technology (OET) to test its
    system at three locations: Frazier Park, California; Ogden, Utah;
    and North Salt Lake, Utah.[^11] Clarity conducted its experiments in
    September and October 2005 and submitted a 6-month progress report
    on its findings. Following the report, Clarity submitted ten CARS
    applications along with this waiver request.[^12] Clarity requests
    waivers of Sections 78.1 ("Purpose"), 78.11 ("Permissible Service"),
    78.18(a)(6) ("Frequency Assignments"), 78.36 ("Frequency
    Coordination"), 78.101 ("Power Limitations"), 78.103(e) ("Emissions
    and Emission Limitations"), and 78.107 ("Equipment and
    Installation").[^13] Clarity would also require a waiver of Section
    78.13 ("Eligibility for License") to operate its proposed
    multichannel television distribution system.

6.  The Media Bureau issued a *Public Notice* seeking comment on
    Clarity's waiver requests.[^14] Fifteen comments and six reply
    comments were received.[^15] Generally, commenters representing
    broadcast interests oppose Clarity's request, claiming that it could
    cause harmful interference to their BAS/ENG operations. [^16] On the
    other hand, commenters representing children's groups claim that
    Clarity's proposal to publicize Amber Alerts[^17] and provide other
    information regarding missing persons could help save lives.[^18]

# Discussion

7.  Under Section 1.3 of its rules, the Commission may grant waiver
    requests when "good cause" exists to do so.[^19] Clarity points to
    the waiver standard established for Wireless Services in support of
    its waiver request.[^20] Under Section 1.925(b)(3) of the
    Commission's rules, "good cause" exists where (1) the underlying
    purpose of the rule(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 (2) 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.[^21] Clarity asserts that its waiver request meets both
    of these criteria.[^22]

8.  Waiver requests face "a high hurdle even at the starting gate" and
    must "plead with particularity the facts and circumstances which
    warrant such action" in demonstrating how the requested waiver would
    serve the public interest.[^23] In considering a waiver request, the
    Commission does not "tolerate evisceration of a rule by
    waivers."[^24] Furthermore, "\[t\]he agency may not act out of
    unbridled discretion or whim in granting waivers any more than in
    any other aspect of its regulatory function. The process viewed as a
    whole leads to a general rule, and limited waivers or exceptions
    granted pursuant to an appropriate general standard."[^25]

9.  [CARS Rules.]{.underline} We conclude that the underlying purpose of
    the Part 78 CARS rules would not be served by a grant of this
    request. In essence, Clarity has requested that the Commission waive
    the rules that form the foundation of the CARS regulatory
    framework.[^26] As noted by Centex Television LP, Clarity "fails to
    explain exactly how it is that a waiver of the most fundamental
    aspects of the CARS rules would actually further the purpose and
    goals of those rules."[^27] Nor does Clarity identify how the
    purpose of the rules would be frustrated by their strict application
    in this case.[^28] Clarity argues that its proposed service would
    advance the underlying purpose of the CARS service by providing
    video programming, including locally originated channels, to
    underserved truck drivers.[^29] This argument fails to recognize
    that although the ultimate purpose of an MVPD network may be to
    provide video programming, CARS is a relay service and only part of
    the delivery system. As the Commission has stated, "CARS is not used
    to provide service or relay signals directly to subscribers."[^30]
    Rather, it is designed as a "backhaul" system or network for cable
    operators to link communities that cannot otherwise be linked via
    coaxial cable, fiber optic cable or other technologies.[^31] Indeed,
    Clarity acknowledges that CARS was not established to provide
    service directly to subscribers but claims that the Commission was
    just expressing the status quo at the time.[^32] We disagree.
    Sections 78.1 and 78.11 of the Commission's rules clearly state that
    the CARS service is a "relay service."[^33] Clarity's proposal,
    therefore, does not serve the purpose of the Part 78 CARS rules.

10. [Harmful Interference.]{.underline} Clarity has not demonstrated
    that its proposed system will not cause harmful interference to
    BAS/ENG operations. Clarity tested its system under its experimental
    license by raising and lowering the transmit power level, and
    asserts that no interference levels above the noise floor were
    caused to ENG reception.[^34] However, Clarity's tests were not
    adequate. No attempt was made to actually receive a BAS signal at a
    fixed receive site or a mobile site (e.g., TV truck) while Clarity
    was testing its system; thus, we cannot conclude that operation of
    its system would not cause harmful interference at ENG receive
    sites.[^35] Nor did Clarity provide received signal level
    measurements at any of the fixed BAS receive sites. Finally,
    although ENG operations will soon be migrating to a new digital band
    plan,[^36] Clarity did not test its proposed system on digital ENG
    operations.[^37]

11. In addition to ENG related issues, NASA, a primary user of the band,
    has expressed concern about possible harmful interference both to
    and from Clarity's system, whether Clarity operates on a secondary
    basis or not.[^38] NASA asserts that exclusion zones will need to be
    determined if Clarity operates in the band.[^39] NASA also states
    because of the high powered signals it uses at uplink facilities in
    the 2025 -2110 MHz band, Clarity's receivers could experience
    significant disruption of operations within large areas surrounding
    uplink facilities.[^40] Clarity has not addressed these concerns.

12. Although Clarity has made an effort to limit the amount of potential
    harmful interference to BAS and CARS facilities,[^41] it is unclear
    how effective these measures will be. Interference to analog BAS
    reception from Clarity's digital system would look like noise with
    no identifying characteristics, making it difficult for broadcasters
    to determine the source.[^42] The nature of the CARS and BAS/ENG
    services is spontaneous and unpredictable, as breaking news can
    occur at any location and at any time. As MSTV and NAB state,
    emergency information is critical in real-time.[^43] It could take
    hours to determine the source of harmful interference, identify and
    contact a person with the skill and authority to shut down the
    Clarity system, successfully turn the system off, and reestablish
    the ENG link to the station.[^44] Further, many broadcasters respond
    to the same event, which may require the use of all available
    channels. Clarity's proposal would occupy 84 MHz out of the 85 MHz
    in the BAS/ENG band, leaving broadcasters no room to switch channels
    if they experience unidentifiable interference on one or more
    channels.[^45] In short, because of the tight timeframes and
    changing physical environments in which ENG services operate, they
    have an extremely limited ability to remedy any interference
    problems that may arise. Thus, Clarity's proposed 24-hour hotline
    for shutting down service in case of interference does not assuage
    our concerns here.[^46]

13. [Public Interest.]{.underline} We are not convinced that the
    potential benefits cited by Clarity outweigh the cost to the public
    in terms of potential harmful interference to BAS, CARS, and NASA
    communications. Clarity claims that its proposal could achieve
    several potential public interest benefits, including facilitating
    efforts to save children's lives in abduction and exploitation
    crimes, locate missing persons, and capture criminals.[^47] To
    promote Amber Alerts, Clarity plans to include programming services
    such as CNN, Fox News, CNBC, and MSNBC, which regularly carry Amber
    Alerts and other missing person information.[^48] In addition,
    Clarity proposes to originate a Safety, Security and Alert channel
    which will be available for the continuous national posting of
    missing or wanted individuals and dissemination of significant
    public security and highway emergency information.[^49]

14. Some commenters believe that Clarity's proposed system would assist
    in the search and rescue of missing persons, including abducted and
    missing children.[^50] On the other hand, MSTV and NAB note that
    "along with radio, local television is *the* primary distribution
    means for Amber Alerts...local television stations deliver Amber
    Alerts and associated coverage...to the public."[^51] The Commission
    welcomes additional methods of distributing Amber Alerts to
    supplement the news media. However, installing them at the risk of
    interfering with broadcast station coverage that is distributing the
    same alerts to a much wider audience is not prudent. We agree with
    several commenters that the public interest is better served by
    ensuring that viewers are able to receive breaking local news,
    including natural and unnatural disasters, and coverage of live
    events through the services provided by the primary users of the
    2025 to 2110 MHz band.[^52] In this case, the Commission's Part 78
    rules protect CARS licensees and their co-primary BAS/ENG
    counterparts. Clarity has failed to establish that granting this
    waiver request would not subject these primary services to
    additional harmful interference, or how such additional interference
    would produce countervailing public interest benefits.

15. [Reasonable Alternatives.]{.underline} Clarity has also failed to
    establish "good cause" by demonstrating that that it has no
    reasonable alternative. [^53] Among other alternatives, Clarity
    could purchase spectrum at auction,[^54] pursue using unlicensed
    spectrum,[^55] install cable at its truck stops, or negotiate
    spectrum leases.[^56] Clarity cites cost and the burden of
    negotiations as the main reasons it is unable to pursue other
    options.[^57] We reject these grounds to justify waivers that have
    the potential to inflict harm on incumbent users.

# Conclusion

16. In conclusion, we deny Clarity's waiver request. Clarity has not met
    its burden of demonstrating how its waiver request serves the public
    interest. Accordingly, we dismiss Clarity's CARS applications.

# ordering clauses

17. Accordingly, **IT IS ORDERED** that, pursuant to Section 309 of the
    Communications Act of 1934, as amended, 47 U.S.C. § 309, and Section
    1.3 of the Commission's rules, 47 C.F.R. § 1.3, the request for
    waiver filed by Clarity Media Systems LLC of Sections 78.1, 78.11,
    78.13, 78.18(a)(6), 78.101, 78.103(e), and 78.107, of the
    Commission's rules, **IS DENIED** and the applications
    **DISMISSED**.

18. This action is taken pursuant to authority delegated by Section
    0.283 of the Commission's Rules.[^58]

> FEDERAL COMMUNICATIONS COMMISSION
>
> Monica Shah Desai
>
> Chief, Media Bureau

[^1]: Clarity submitted 10 applications for CARS licenses on February
    21, 2006 and an additional 248 CARS applications on January 24,
    2007. Clarity's applications seek waivers of 47 C.F.R. §§ 78.1,
    78.11, 78.18(a)(6), 78.36, 78.101, 78.103(e), and 78.107. Clarity
    also requests waivers of any rule not specifically listed for which
    the Commission determines that a waiver is required.

[^2]: *See* 47 C.F.R. Part 74, Subpart F.

[^3]: National Aeronautics and Space Administration Comments at 2. *See
    also* 47 C.F.R. § 2.106.

[^4]: *See* *Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, Including Third
    Generation Wireless System,* Seventh Report and Order, 19 FCC Rcd
    21350 (2004). The Department of Defense locations are Prospect
    Harbor, ME; New Boston, NH; Cable Canaveral, FL; Buckley AFB, CO;
    Schriver AFB, CO; Kirtland AFB, NM; Pleasanton, CA; Laguna Peak, CA;
    Vandenberg AFB, CA; Oahu, HI; and Anderson AFB, Guam.

[^5]: 47 C.F.R. § 78.1.

[^6]: Clarity Waiver Request at 4, 18-19.

[^7]: Clarity Reply Comments at 47. Clarity's reception equipment will
    cost under \$100 and may be offered to subscribers at a subsidized
    price. *See* Clarity Reply Comments at 46.

[^8]: Secondary users must not cause harmful interference to primary
    services, nor can they claim protection from interference from a
    primary service. *See* 47 C.F.R. §2.105(c).

[^9]: Clarity Waiver Request at 19.

[^10]: *See* Letter dated January 18, 2007, from Clarity Media Systems
    LLC, to Marlene H. Dortch, FCC, Amendment to Clarity Media Systems
    Applications.

[^11]: Experimental License File No. 0046-EX-PL-2005.

[^12]: On January 18, 2007, Clarity withdrew the application for Waco,
    Texas. *See* Letter dated January 18, 2007, from Clarity Media
    Systems LLC, to Marlene H. Dortch, FCC, Amendment to Clarity Media
    Systems Applications. On January 24, 2007 Clarity filed an
    additional 248 applications.

[^13]: 47 C.F.R. §§ 78.1, 78.11, 78.13, 78.18(a)(6), 78.36, 78.101,
    78.102(e) and 78.107.

[^14]: *Waiver Requests by Clarity Media Systems, LLC to Operate CARS
    Stations at Flying J Travel Plazas*, (MB rel. Aug. 25, 2006) (Public
    Notice) DA 06-1664, 2006 WL 2455731.

[^15]: Eleven of fifteen comments oppose granting Clarity's waiver
    request. In support of its waiver request, Clarity submitted "Driver
    petitions in support of proposal of Clarity Media Systems" in which
    it surveyed drivers who logged onto the Internet over a 3-week
    period at various travel plazas and clicked on the survey. Out of
    3,045 respondents, 3,030 responded affirmatively to the petition
    (99.5% support rate). In reply comments, five parties opposed the
    waiver while Clarity filed in support.

[^16]: The opposing parties filing comments were MSTV & NAB (filed joint
    comments), SBE, Lincoln Financial Media Company, Meredith
    Corporation, McGraw-Hill Broadcasting, The Dispatch Broadcast Group,
    Red River Broadcast Co., NASA, Fox, ABC, and Centex Television.
    Reply comments opposing the waiver were filed by MSTV & NAB (joint
    reply comments), Duhamel Broadcasting Enterprises, NCTA, Capitol
    Broadcasting Company, and Hubbard Broadcasting.

[^17]: Amber Alerts are a early warning system to help find abducted
    children. The Department of Justice has worked to create a seamless
    national network that notifies broadcasters and state transportation
    officials that a child has been abducted. *See*
    http://www.amberalert.gov/index.htm.

[^18]: *See* KlassKids Foundation at 3, the Lost Children's Network at
    3, and the Missing Children Task Force at 3. *See* *also* Clarity
    Reply Comments at 27-28.

[^19]: 47 C.F.R. § 1.3.

[^20]: Clarity Reply Comments at 7-8.

[^21]: As noted, section 1.925(b)(3) is applicable to wireless
    telecommunications services, not to fixed or mobile CARS stations.
    47 C.F.R. § 1.925(b)(3). Therefore, we will consider Clarity's
    request under Section 1.3 of the Commission's rules. 47 C.F.R. §
    1.3. This makes no difference in the resolution of Clarity's request
    because there is no material difference between the waiver standard
    in Section 1.3 and the standard set forth in Section 1.925(b)(3). 47
    C.F.R. § 1.3; *WAIT Radio v. FCC*, 418 F.2d 1153 (D.C. Cir. 1969).
    *See also* *BellSouth v. FCC*, 162 F.3d 1215, 1225, n.10 (D.C. Cir.
    1999)(court found "virtual identity" between waiver standard
    established by *WAIT Radio* and broadband PCS waiver rules that
    would allow waiver grant upon a showing that "the underlying purpose
    of the rule will not be served, or would be frustrated . . . and
    grant of the waiver is otherwise in the public interest" or "unique
    facts and circumstances of a particular case render application of
    the rule inequitable, unduly burdensome or otherwise contrary to the
    public interest").

[^22]: *See* Clarity Reply Comments at 9.

[^23]: *WAIT Radio,* 418 F.2d at 1157.

[^24]: *Id. at* 1159. *See also* ABC Comments at 5.

[^25]: *WAIT Radio,* 418 F.2d at 1159.

[^26]: Mobile CARS in the 2025-2110 MHz band is used for cablecasting
    and is very similar to BAS/ENG usage in this shared spectrum.

[^27]: Centex Television Limited Partnership Comments at 13.

[^28]: ABC Comments at 5.

[^29]: Clarity Reply Comments at 14.

[^30]: *See* *Amendment of Eligibility Requirements in Part 78 Regarding
    12 GHz Cable Television Relay Service,* Report and Order ("*CARS
    Eligibility Order"*), 17 FCC Rcd 9930, 9932 (2002)*.*

[^31]: *Id.*

[^32]: Clarity Reply Comments at 20 referring to the *CARS Eligibility
    Order*.

[^33]: *See* 47 C.F.R. §§ 78.1, 78.11.

[^34]: *See* Clarity Broadcasting Systems LLC Six-Month Progress Report
    to the Federal Communications Commission, December 22, 2005,
    Experimental License Call Sign WD3XPK, File Number 0046-EL-PL-2005
    at 4-5. The report includes descriptions of the equipment Clarity
    used to test their system as well as some spectrum analyzer traces.

[^35]: *See also* Hubbard Broadcasting, Inc. Reply Comments at 8; SBE
    Comments at 5.

[^36]: The Commission has required a relocation of BAS/CARS licensees in
    the 1990-2025 MHz band to the existing 2025-2110 MHz BAS/CARS band.
    47 C.F.R. § 78.40. *See* *also* *Improving Public Safety
    Communications in the 800 MHz Band Consolidating the 800 and 900 MHz
    Industrial/Land Transporation and Business Pool Channels,*
    Memorandum Opinion and Order, 20 FCC Rcd 16015 (2005). The
    relocation deadline, as modified by *Commission Seeks Comment on Ex
    Parte Presentations and Extends Certain Deadlines Regarding the 800
    MHz Public Safety Interference Proceeding,* (WT rel. Oct 22, 2004)
    (Public Notice) FCC 04-253, 69 FR 67880-03, is September 7, 2007.

[^37]: Although no BAS operators were using the digital band plan or
    digital ENG equipment at Clarity's testing locations, a
    comprehensive interference analysis would need to consider digital
    ENG transmissions and prove that there is no threat of interference.
    Clarity's brief statement that digital COFDM signals are more robust
    and tolerant of interfering signals than analog signals, on its own,
    is not sufficient to address these concerns. *See* Clarity Reply
    Comments at 68.

[^38]: NASA Comments at 5. During the launch process of NASA's
    space-based missions, NASA uses these frequencies for essential
    communications. It is also an emergency band if a space craft starts
    to tumble during its mission. *See* NASA Comments at 3.

[^39]: *Id.*

[^40]: *Id.* Current uplink sites are Berkeley, CA; Blossom Point, MD;
    Chantilly, VA; Dulles, VA; Fairbanks, AK, Fairmont, WV; Goldstone,
    CA; Greenbelt, MD; Kamaoa, HI; South Point, HI; Laurel, MD; Merrit
    Island, FL; Poker Flat, AK; Wallops Island, VA; White Sands, NM.

[^41]: *See* Clarity Media Waiver Request, Exhibit 1, p 49. For example,
    Clarity has proposed to use emergency shut-off procedures when
    interference to BAS or CARS communications is detected. Clarity also
    provides updated and detailed procedures that are outlined under
    their operating protocol. Clarity has also engineered its system to
    use downward tilting antennas to limit radiation towards the horizon
    and has proposed to lower their operating power from 0.5 watts per
    channel to 0.2 watts per channel. *See* Letter dated January 18,
    2007 from Clarity Media Systems, to Marlene H. Dortch, FCC,
    Amendment to Clarity Media Systems Applications, at 6.

[^42]: *See* SBE Comments at 5. As noted above, there is no information
    available on record regarding digital-to-digital interference. In
    addition, the possibility that entities other than Clarity could
    request similar waivers would further increase interference concerns
    and make it even more difficult for broadcasters to determine the
    source of interference. Other similar service waivers could come
    from other chains of truck stop travel plazas, RV parks,
    campgrounds, etc., adding hundreds and perhaps thousands of
    potential new users which would further restrict viability of the 2
    GHz band for ENG use.

[^43]: MSTV and NAB Joint Comments at 5.

[^44]: *See id*.

[^45]: *See* Red River Broadcast Company Comments at 4-5. Analog BAS
    channels occupy 17 MHz and digital BAS channels occupy 12 MHz.

[^46]: *See* Clarity Media Systems LLC, Amendment, FCC Form 327 (filed
    January 18, 2007) detailing Clarity's revised proposed operating
    protocol.

[^47]: Clarity Reply Comments at 22-35. Clarity lists 17 potential
    public interest benefits.

[^48]: Clarity Reply Comments at 28.

[^49]: *Id.* at 29.

[^50]: *See* KlassKids Foundation Comments, Lost Children's Network
    Comments, and The Missing Children Task Force Comments.

[^51]: MSTV & NAB Joint Reply Comments at 8-9.

[^52]: *See* Centex Television Limited Partnership Comments at 13, ABC
    Comments at 15, Lincoln Financial Media Comments at 2, Red River
    Broadcast Company Comments at 5, and MSTV & NAB Joint Comments at 2.

[^53]: Clarity Reply Comments at 37-48.

[^54]: *See* http://wireless.fcc.gov/auctions for upcoming auction
    information.

[^55]: *See* Meredith Corporation at 7, ABC Comments at 9.

[^56]: *See* Meredith Corporation Comments at 7, McGraw-Hill
    Broadcasting Company, Inc Comments at 8, The Dispatch Broadcast
    Group Comments Engineering Statement at 1, NASA Comments at 2,
    Centex Television LP Comments at 11-14, ABC Comments at 9, Society
    of Broadcast Engineers Comments at 18, MSTV & NAB Joint Comments at
    15, NCTA Reply Comments at 1-2. Through secondary markets the
    Commission has enabled licensees to engage in spectrum leasing
    agreements. *See* *In the M**atter of Promoting Efficient Use of
    Spectrum Through Elimination of Barriers to the Development of
    Secondary Markets*, Second Report and Order, Order on
    Reconsideration, and Second Further Notice of Proposed Rulemaking,
    19 FCC Rcd 17503 (2004).

[^57]: Clarity Reply Comments at 37-48. We note that several new
    technologies for delivering mobile video and alternate methods for
    viewing video are currently under development, such as Qualcomm's
    MediaFlo (*see* http://www.qualcomm.com/mediaflo/index.shtml,
    visited Feb 2, 2007), Verizon's VCAST (*see*
    http://www.qualcomm.com/mediaflo/index.shtml, visited Feb 2, 2007),
    IEEE 802.11(n) (*see*
    http://www.eetimes.com/news/latest/showArticle.jhtml?articleID=196902685,
    visited Feb 2, 2007*)*, and IPTV through broadband (*see*
    http://www.pcmag.com/article2/0,1895,1995820,00.asp, visited Feb 2,
    2007). Devices such as Apple's iPod are also made for mobile video
    (*see* http://www.apple.com/ipod, visited Feb 5, 2007). *See also*
    *The Twelfth Annual Report on the Annual Assessment of the Status of
    Competition in the Market for the Delivery of Video Programming*, MB
    Docket No. 05-255, 2006 WL 521465.

[^58]: 47 C.F.R. § 0.283.