**DA 05-1279**

**Released: May 3, 2005**

**WIRELESS TELECOMMUNICATIONS BUREAU'S**

**BROADBAND DIVISION GRANTS REQUESTS FOR RECONSIDERATION OF DISMISSAL OF
BRS/EBS APPLICATIONS**

In this *Public Notice*, the Wireless Telecommunication Bureau's (WTB)
Broadband Division (Division) grants various petitions for
reconsideration of the decisions to dismiss modification and new station
applications in the Educational Broadband Service (EBS) and Broadband
Radio Service (BRS) (formerly the Instructional Television Fixed Service
(ITFS) and Multipoint Distribution Service (MDS), respectively).

In July 2004, the Commission released a *Report and Order and Further
Notice of Proposed Rulemaking*,[^1] in which it comprehensively
restructured our rules with respect to BRS and EBS. One of the changes
the Commission made was to institute geographic area licensing for BRS
and EBS facilities. Under the new rules, BRS and EBS licensees may
modify or add to their facilities without Commission approval so long as
the facilities comply with the Commission's new technical rules.[^2] The
only instances in which compliant facilities would require prior
application to the Commission are: (1) international agreements require
coordination; (2) submission of an Environmental Assessment is required
under Section 1.1307 of the Commission's Rules; or (3) the station would
affect the radio quiet zones under § 1.924 of the Commission's
Rules.[^3]

In the *BRS/EBS R&O & FNPRM*, the Commission directed WTB to "dismiss
all pending applications to modify MDS or ITFS stations, except for
modifications that could change an applicant's PSA \[protected service
area\] or applications for facilities that would have to be separately
applied for under the rules we adopt today."[^4] In accordance with that
order, WTB dismissed the applications listed in the appendix to this
*Public Notice*.[^5]

On October 29, 2004, the Commission released a modification to the
*BRS/EBS R&O & FNPRM*.[^6] In that modification, the Commission
clarified that it did not intend to have the Bureau dismiss applications
to add or modify frequency assignments.[^7]

On the dates indicated in the Appendix to this *Public Notice*, the
applicants listed in the Appendix filed timely petitions for
reconsideration of the dismissal of the applications listed in the
Appendix. After reviewing the petitions, we conclude that the
applications listed in the Appendix should not have been dismissed,
either because (1) the application sought to add or modify frequency
assignments, (2) the application proposed to change a license's
protected service area, or (3) the application proposed changes that
would require a prior authorization under the new rules.[^8]
Accordingly, we will grant the petitions for reconsideration and
reinstate the applications in question.

[]{.mark}

Accordingly IT IS ORDERED that pursuant to Sections 4(i), 309 and 405 of
the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309,
405 and Section 1.106 of the Commission's Rules, 47 C.F.R. § 1.106, the
Petitions for Reconsideration listed in the Appendix to this *Public
Notice* ARE GRANTED, and the applications listed in the Appendix ARE
REINSTATED.

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 27.1207 and 27.1209 of the Commission's Rules, 47 C.F.R. §§
27.1207, 1209, that the licensing staff of the Broadband Division SHALL
PROCESS the applications listed in the Appendix in accordance with this
*Public Notice* and the Commission's Rules.

This action is taken under delegated authority pursuant to Sections
0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§0.131, 0.331.

Action by the Deputy Chief, Broadband Division, Wireless
Telecommunications Bureau

**- FCC -**

**APPENDIX -- GRANTED PETITIONS FOR RECONSIDERATION**

+-----------------------+----------+----------+-----------+------------+
| **Licensee**          | **File   | **Call   | **        | **Date     |
|                       | Num      | Sign**   | Community | Petition   |
|                       | ber(s)** |          | of        | for        |
|                       |          |          | License** | Recon      |
|                       |          |          |           | sideration |
|                       |          |          |           | Filed**    |
+-----------------------+----------+----------+-----------+------------+
| Board of County       | 200      | WPY38    | Lox       | 10/22/2004 |
| Commissioners, Palm   | 31007AAA |          | ahatchee, |            |
| Beach County          |          |          | Florida   |            |
+-----------------------+----------+----------+-----------+------------+
| Caribbean University  | 200      | WLX315   | Aquas     | 10/28/2004 |
|                       | 00818CZL |          | Buenas,   |            |
|                       |          |          | Puerto    |            |
|                       |          |          | Rico      |            |
+-----------------------+----------+----------+-----------+------------+
| Catholic Archdiocese  | 200      | WLX321   | Aquas     | 10/28/2004 |
| of San Juan           | 00818CZK |          | Buenas,   |            |
|                       |          |          | Puerto    |            |
|                       |          |          | Rico      |            |
+-----------------------+----------+----------+-----------+------------+
| Daytona Beach         | 200      | WLX780   | Daytona   | 02/01/2005 |
| Community College     | 20826AAA |          | Beach,    |            |
|                       |          |          | Florida   |            |
+-----------------------+----------+----------+-----------+------------+
| Eaton Rapids Public   | 19       | New      | Lansing,  | 11/04/2004 |
| Schools               | 951020CA | Station  | Michigan  |            |
+-----------------------+----------+----------+-----------+------------+
| Emerson College       | 19       | New      | Boston,   | 10/22/2004 |
|                       | 960919AA | Station  | Mass      |            |
|                       |          |          | achusetts |            |
+-----------------------+----------+----------+-----------+------------+
| Palomar Community     | 200      | WGR707   | San       | 02/01/2005 |
| College District      | 21122AAF |          | Marcos,   |            |
|                       |          |          | C         |            |
|                       |          |          | alifornia |            |
+-----------------------+----------+----------+-----------+------------+
| Salt Lake Educational | 200      | WND552   | Salt Lake | 10/29/2004 |
| Foundation            | 10420AGR |          | City,     |            |
|                       |          |          | Utah      |            |
+-----------------------+----------+----------+-----------+------------+
| WBSCB Licensing       | 199      | New      | Coos Bay, | 10/29/2004 |
| Corporation           | 61105UO, | Station  | Oregon    |            |
|                       |          |          |           |            |
|                       | 19       |          |           |            |
|                       | 961105UP |          |           |            |
+-----------------------+----------+----------+-----------+------------+
| WBSH Licensing        | 199      | New      | Helena,   | 10/29/2004 |
| Corporation           | 61105UU, | Station  | Montana   |            |
|                       |          |          |           |            |
|                       | 19       |          |           |            |
|                       | 961105UV |          |           |            |
+-----------------------+----------+----------+-----------+------------+
| WBSK Licensing        | 199      | New      | Klamath   | 10/29/2004 |
| Corporation           | 61115UQ, | St       | Falls,    |            |
|                       |          | ation(s) | Oregon    |            |
|                       | 19       |          |           |            |
|                       | 961115UR |          |           |            |
+-----------------------+----------+----------+-----------+------------+
| WBSR Licensing        | 199      | New      | Roseburg, | 10/29/2004 |
| Corporation           | 61216US, | St       | Oregon    |            |
|                       |          | ation(s) |           |            |
|                       | 19       |          |           |            |
|                       | 961216UT |          |           |            |
+-----------------------+----------+----------+-----------+------------+

[^1]: 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*, et al*.; WTB Docket Nos. 03-66, *et al.*,
    *Report and Order and Further Notice of Proposed Rulemaking*, 19 FCC
    Rcd 14165 (2004) (*BRS/EBS R&O & FNPRM*).

[^2]: 47 C.F.R. §§ 27.1207(b), 27.1209(b).

[^3]: *Id.*

[^4]: *BRS/EBS R&O & FNPRM*, 19 FCC Rcd at 14191 ¶ 58.

[^5]: *See* Wireless Telecommunications Bureau Site-By-Site Action,
    Report No. 2038, *Public Notice*, (WTB rel. Jan. 12, 2005), Wireless
    Telecommunications Bureau Site-By-Site Action, Report No. 1953,
    *Public Notice*, (WTB rel. Oct. 6, 2004), Wireless
    Telecommunications Bureau Site-By-Site Action, Report No. 1947,
    *Public Notice*, (WTB rel. Sep. 29, 2004), Wireless
    Telecommunications Bureau Site-By-Site Action, Report No. 1941,
    *Public Notice*, (WTB rel. Sept. 22, 2004).

[^6]: *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*, et al*.; WTB Docket Nos. 03-66, *et al.*,
    *Order*, 19 FCC Rcd 22284 (2004).

[^7]: *Id.* at ¶ 8.

[^8]: In the case of Daytona Beach Community College and Palomar
    Community College District, the applications in question were
    applications for extension of time to construct modified facilities.
    Based upon our review, we conclude that these applications should
    not have been dismissed because the modifications in question would
    require prior Commission approval under the new rules.