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FCC PUBLIC NOTICE: 700 MHZ CONSTRUCTION AND REPORTING REQUIREMENTS AND RELATED DEADLINES

700 MHZ CONSTRUCTION AND REPORTING REQUIREMENTS AND RELATED DEADLINES

DA 16-563

OMB Control No. 1161

May 19, 2016

 

By this Public Notice, the Wireless Telecommunications Bureau (Bureau) reminds certain 700

MHz (Lower A Block, B Block, and E Block, and Upper C Block) licensees of upcoming filing deadlines

for construction notifications and performance status reports. The Bureau also updates the process for

filing electronic maps in the shapefile format.

 

Background

In 2007 in the 700 MHz Second Report and Order, the Commission established rules governing

wireless licenses in the 700 MHz Band that, among other things, established interim and end-of-term

construction benchmarks and status reporting requirements.1 These rules require Lower 700 MHz A, B,

and E Block licensees to provide service sufficient to cover 35 percent of the geographic area of their

licenses within four years, and 70 percent of this area within ten years (the license term). Upper 700 MHz

C Block licensees are required to provide reliable service sufficient to cover 40 percent of the population

of their license areas within four years and 75 percent of the population within ten years (the license

term).2 For licensees that fail to meet the applicable interim benchmark, the rules specified that the

license term would be reduced by two years and that the end-of-term benchmark must be met within eight

years.3

As part of its efforts to promote interoperability in the Lower 700 MHz Band, the Commission

released the Interoperability Report and Order in 2013, which extended the interim construction deadline

for Lower 700 MHz A and B Block licensees and removed the interim construction deadline for certain A

Block licensees adjacent to Channel 51 operations.4 The Commission also extended the interim and final

deadlines for E Block licensees and permitted a showing of population coverage, rather than geographic

coverage.5 In addition, the Commission waived the deadline to file the second status report for Lower

700 MHz A and B Block licensees (other than A Block licensees required to protect Channel 51

operations) and extended the deadline for Lower 700 MHz E Block licensees.6 The existing deadlines are

described in detail below.


1 See Service Rules for 698-746, 747-762, and 777-792 MHz Bands, Second Report and Order, 22 FCC Rcd 15289

(2007) (700 MHz Second Report and Order).

2 47 C.F.R. §§ 27.14(g)-(h).

3 Id. at 27.14(g)(1), (h)(1). In cases where the end-of-term benchmark is not met, portions of the license where

service is not provided terminate automatically. Id. at 27.14 (g)(2), (h)(2).

4 See Promoting Interoperability in the 700 MHz Commercial Spectrum, Report and Order and Order of Proposed

Modification, 28 FCC Rcd 15122, 15151-52, para. 65 (2013) (Interoperability Report and Order).

5 Id. at 15147-49, paras. 56-59.

6 Id. at 15149, 15152-53, paras. 59, 66.


 

Lower 700 MHz Construction Notification Deadlines

Lower 700 MHz A and B Block licensees. As established by the 700 MHz Second Report and

Order and extended by the Interoperability Report and Order, Lower 700 MHz A and B Block licensees

(other than licensees subject to a waiver of the interim construction benchmark deadline due to Channel

51 interference protection requirements) must meet their interim construction deadline by December 13,

2016.7 As established by the 700 MHz Second Report and Order, all Lower 700 MHz A and B Block

licensees who meet the interim construction requirement must meet their final construction deadline by

June 13, 2019.8 If a licensee fails to meet the interim construction benchmark, the term of its license is

reduced by two years and the licensee must meet the final construction deadline by June 13, 2017.9

Lower 700 MHz A Block licensees required to protect Channel 51 licensees. In the

Interoperability Report and Order, the Commission waived the interim construction deadline for Lower

700 MHz A Block licensees that must protect Channel 51 licensees.10 These licensees must meet the final

construction deadline by June 13, 2019.11

Upper 700 MHz C Block licensees. Upper 700 MHz C Block licensees are subject to the original

filing deadlines as established in the 700 MHz Second Report and Order.12 The interim construction

deadline was June 13, 2013, and the final construction deadline is June 13, 2019.13 However, if a

licensee fails to meet the interim construction benchmark, the term of its license is reduced by two years

and the licensee must meet its final construction deadline by June 13, 2017.14

Lower 700 MHz E Block licensees. As established by the 700 MHz Second Report and Order and

extended by the Interoperability Report and Order, Lower 700 MHz E Block licensees must meet their

interim construction deadline by March 7, 2017, and must meet their final construction deadline by

March 7, 2021.15 As established by the Interoperability Report and Order, if a licensee fails to meet the

interim construction benchmark, the term of its license is reduced by one year and the licensee must meet

the final construction deadline by March 7, 2020.16

We remind licensees that notifications of construction are due within 15 days of the construction

deadline.17


7 700 MHz Second Report and Order, 22 FCC Rcd at 15348, 15349, paras. 153, 157; Interoperability Report and

Order, 28 FCC Rcd at 15151, para. 64.

8 700 MHz Second Report and Order, 22 FCC Rcd at 15293-94, 15349, paras. 6, 157.

9 Id. at 15345, 15348-49, paras. 153, 147.

10 Interoperability Report and Order, 28 FCC Rcd at 15151-52, para. 65.

11 47 C.F.R. § 27.14(h).

12 700 MHz Second Report and Order, 22 FCC Rcd at 15351, para. 162.

13 47 C.F.R. § 27.14(h).

14 Id. at § 27.14(h)(1); 700 MHz Second Report and Order, 22 FCC Rcd at 15351, para. 163.

15 Interoperability Report and Order, 28 FCC Rcd at 15147-48, para. 56.

16 Id. at 15148, para. 58.

17 See 47 C.F.R. § 1.946(d).


 

Procedure for Public Comment on 700 MHz Construction Notifications

In the 700 MHz Second Report and Order, the Commission stated that “the public will be given

an opportunity to review and comment” on construction notifications filed by certain 700 MHz

licensees.18 The public may use the procedure specified in this Public Notice to comment on construction

notifications filed by 700 MHz licensees holding the following authorizations: 1. Economic Area (EA)

authorizations for A Block in the 698-704 MHz and 728-734 MHz bands; 2. Cellular Market Area (CMA)

authorizations for B Block in the 704-710 MHz and 734-740 MHz bands; 3. EA authorizations for Block

E in the 722-728 MHz band; or 4. Regional Economic Area Grouping (REAG) authorizations for Block C

in the 746-757 MHz and 776-787 MHz bands.

Comment Period. Consistent with the 700 MHz Second Report and Order, the Bureau will

review each construction notification and any related comments prior to making a determination

regarding the notification.19 Specifically, the Bureau will place applicable 700 MHz construction

notifications on its weekly Market-Based Applications Accepted for Filing Public Notice. Interested

parties will then be permitted to file comments, which must be filed no later than 30 days after the Public

Notice release date.

Filing Procedure. Parties must file comments electronically through the Bureau’s website at

http://wireless.fcc.gov/uls. After opening the Bureau’s Universal Licensing System (ULS) webpage

(http:// wireless.fcc.gov/uls), select “Submit a Pleading” located under the quick link options (under

“Systems”) located on the bottom of the page. Upon reaching the Non-docketed Pleadings page, select

the “700 MHz Construction Notification Comment” option from the Pleading Type drop-down menu, and

follow the subsequent instructions to submit a comment.

Ex Parte Status. The Bureau seeks to facilitate communications regarding 700 MHz construction

notifications between Commission staff and interested parties. We find that, consistent with section

1.1200(a) of the Commission’s rules, the public interest will be served by designating staff review of 700

MHz construction notifications and any related public comments as “exempt” under section 1.1204 of the

Commission’s rules.20

 

Lower 700 MHz Second Status Report Deadlines

Lower 700 MHz A and B Block licensees. Lower 700 MHz A and B Block licensees (other than

licensees subject to a waiver of the interim construction benchmark deadline due to Channel 51

interference protection requirements, as described above) are not required to file a second status report

regarding a licensee’s efforts to meet performance requirements. This requirement was waived in the

Interoperability Report and Order because, as a result of the extended interim construction deadline,

licensees will file similar information in their construction notifications shortly after the original deadline

for the second status reports.21

Lower 700 MHz A Block licensees required to protect Channel 51 licensees. Lower 700 MHz A

Block licensees required to protect Channel 51 licensees must file their second status report no later than


18 700 MHz Second Report and Order, 22 FCC Rcd at 15353, para. 169.

19 Id.

20 47 C.F.R. §§ 1.1200(a), 1.1204.

21 Interoperability Report and Order, 28 FCC Rcd at 15152-53, para. 66.


June 13, 2016 and no sooner than 30 days prior.22 Since these licensees are not required to file interim

construction notifications, this will allow the Commission to monitor their buildout progress.23

Upper 700 MHz C Block licensees. Upper 700 MHz C Block licensees are subject to the original

filing deadlines as established in the 700 MHz Second Report and Order and must file their second status

report no later than June 13, 2016 and no sooner than 30 days prior.24

Lower 700 MHz E Block licensees. As extended by the Interoperability Report and Order,

Lower 700 MHz E Block licensees must file their second status report by March 7, 2019.25


22 47 C.F.R. § 27.14(l).

23 Interoperability Report and Order, 28 FCC Rcd at 15153-53, para. 66.

24 47 C.F.R. § 27.14(l).

25 Interoperability Report and Order, 28 FCC Rcd at 15149, para. 59.

Read More: DA 16-563

 

 

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