FCC Record, Volume 27, No. 16, Pages 12846 to 13813, October 15 - November 7, 2012 Page: 12,918
ix, 12846-13813 p. ; 28 cm.View a full description of this book.
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Development, Inc. was transferred to Sprint Corporation on September 23, 1999.j The license was then
assigned to American Telecasting, Inc. through a pro forma assignment on November 7, 2008.'5 The
licenses for Stations WPOI1665 and WPOI1666 were originally issued to PCTV Gold, Inc. on September
22, 1998 as a result of Auction No. 17.' Control of PCTV Gold, Inc. was transferred to Sprint
Corporation on September 28, 1999."7 The licenses were then assigned to People's Choice TV Corp.
through a profobrma assignment on November 7, 2008.''
5. Sprint was originally required to demonstrate substantial service by June 17, 2008 and
September 22, 2008, respectively, or 10 years after the initial license grant dates." On April 11, 2008, the
Wireless Telecommunications Bureau (the "Bureau") granted the requests for extension of the
construction deadlines filed by a large group of LMDS licensees - including Sprint - to extend their
deadlines to meet the substantial service requirements to June 1, 2012, resulting in a nearly four-year
construction extension for each of these licensees.20 The Bureau found that these LMDS licensees faced
factors beyond their control, including difficulties in obtaining viable and affordable equipment, that
warranted an extension." In making this finding, the Bureau noted that the licensees seeking relief from
the construction deadlines represented a majority of LMDS licensees for whom buildout requirements
were approaching, and that they all faced these same basic obstacles to timely construction." Thus, these
obstacles were not a product of an individual licensee's short-sightedness or its unfortunate business
decisions; rather, the difficulties in procuring the basic equipment necessary for LMDS operations were
widespread, stenuning from the state of the market. Based on the record evidence, the Bureau anticipated
that various developments in the market - arising in large part from the rollout of new services that could
provide opportunities for LMDS operations - would help rectify these difficulties. Thus, the Bureau
found that Sprint and others could potentially use their LMDS licenses to provide wireless backhaul
services to licensees in the 700 Mlz band, the Advanced Wireless Services-I ("AWS-1") band, and other
bands suitable for mobile broadband service, all of which at that time had recently been auctioned,
licensed, or put into use.23 The Bureau anticipated that these bands would develop robustly, along with
other mobile and fixed wireless services, and that resulting opportunities for associated LMDS service
(such as wireless backhaul) would help spur production of equipment designed for LMDS use and thus
facilitate timely construction by Sprint and the other LMDS licensees, under the extended buildout
deadline set by the Bureau.24
'4 See File No. 0000102960 (filed Sep. 23, 1999).
'~ See File Nos. 0003606210 (filed Oct. 8, 2008. consented to Oct. 9, 2008), 0003641287 (filed Nov. 10, 2008).
1, See FCC Announces the Conditional Grant of 265Local Multipoint Distribution Service Licenses, Public Notice,
13 FCC Red 18551 (WTB PS&PWD 1998).
17 See Letter from Rikke Davis, Sprint Corporation to Federal Communications Commission (filed Oct. 22, 1999).
'8 See File Nos. 0003606217 (filed Oct. 8, 2008, consented to Oct. 9, 2008). 0003641284 (filed Nov. 10, 2008).
Both People's Choice TV Corp. and American Telecasting, Inc. are subsidiaries of Sprint Nextel Corporation.
Unless the context requires otherwise, we will refer to the companies collectively as "Sprint."
See See Second LMDS Report and Order, 12 FCC Red at 12657 259.
2 Applications filed by Licensees in the Local Multipoint Distribution Service (LMDS) Seeking Waixers of Section
101.1011 of the Commission's Rules and Extensions of Time to Construct and Demonstrate Substantial Service,
Memorandum Opinion and Order, 23 FCC Red 5894 (WT B 2008) (LMDS Order).
21 tLMDS Order. 23 FCC Red at 5905 1 24.
22 Id
Sid. at 5905 25.
24 1d.12918
Federal Communications Commission
DA 12-1637
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 16, Pages 12846 to 13813, October 15 - November 7, 2012, book, November 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc154717/m1/89/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.