FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9-April 27, 2012

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
CLOUDNINE WIRELESS, L.L.C. ) File Nos. 0004398604, et al.
843 Applications For Extension of Time to Meet )
First Buildout Requirement for Multiple Address )
System Licenses )
MEMORANDUM OPINION AND ORDER
Adopted: April 9, 2012 Released: April 9, 2012
By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau:
I. INTRODUCTION
1. In this Memorandum Opinion and Order, we address CloudNine Wireless, L.L.C.
(CloudNine)'s request for a waiver of the first buildout requirement for its 843 Multiple Address System
licenses and a five-year extension of time to construct its system, until October 13, 2015. For the reasons
discussed below, we deny the Waiver and Extension Requests and note that CloudNine's licenses
automatically cancelled on October 13, 2010.
II. BACKGROUND
2. Multiple Address System (MAS) is a radio communications service that consists of 3.2
megahertz of spectrum in the 900 MHz band that is licensed under Part 101 of the Commission's rules.'
MAS licensees may engage in terrestrial point-to-point and point-to-multi-point fixed and limited mobile
operations.2 In 2000, the Commission designated the 928/959 MHz bands and twenty of the forty paired
channels in the 932/941 MHz bands to be licensed on a geographic area basis using Economic Areas.3
The Commission has held two auctions for these MAS licenses.4
3. The Wireless Bureau granted 843 MAS licenses to CloudNine on October 13, 2005, in
conjunction with Auction 59.5 Under the Commission's rules, CloudNine had to either provide service to
' See Amendment of the Commission's Rules Regarding Multiple Address Systems, WT Docket No. 97-81, Report
and Order, 15 FCC Red 1 1956 (2000) (MAS Report and Order).
2 See 47 C.F.R. 101.1307.
3 MAS Report and Order, 15 FCC Rcd at 11958 1 2.
4 The first, Auction No. 42, was held from November 14, 2001 to November 27, 2001. See Multiple Address
Systems Spectrum Auction Closes - Winning Bidders Announced, Public Notice, 16 FCC Red 21011 (WTB 2001).
The second, Auction No. 59, was held from April 26, 2005 to May 18, 2005. See Multiple Address Systems
Spectrum Auction Closes -Winning Bidders Announced, Public Notice, 20 FCC Red 9551 (WTB 2005).
5 CloudNine was the winning bidder for these MAS licenses in Auction No. 59. See The Wireless
Telecommunications Bureau Announces the Grant of 21 Multiple Address Systems Licenses, Public Notice, 20 FCC
Rcd 16203 (WTB 2005).

3771

Federal Communications Commission

DA 12-557

United States. Federal Communications Commission. FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9-April 27, 2012. Washington D.C.. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc102307/. Accessed May 24, 2015.