FCC Record, Volume 27, No. 19, Pages 15766 to 16662, December 14 - December 31, 2012 Page: 15,807
vii, 15766-16662 p. ; 28 cm.View a full description of this book.
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applicable to 39 GHz licenses. Instead, Biztel argues that it meets the Commission's definition of
substantial service because it has constructed and operated links for its stations at some time during the
license period.23 Biztel states that "because customers frequently modify their demand for
many...services, the links used to provide them ... also change frequently and often are used for limited
periods of time."24
7. We find that Biztel has not demonstrated that the subject stations have met the
substantial service standard. We decline to make a finding of substantial service where a licensee is not
currently providing service within the licensed area, and conclude that the substantial service requirement
presumes some sort of actual service at the substantial service deadline. Here, what Biztel describes as
substantial service during the license period does not involve any actual present service by any of the
subject licenses, and the safe harbor has not been met. In a case involving the Local Multipoint
Distribution Service, another Part 101 service where licensees must demonstrate substantial service at
license renewal, the Wireless Telecommunications Bureau ("Bureau") has declined "to make a finding of
substantial service where the licensee is not currently providing service within the licensed area."25 No
precedent supports Biztel's argument that undertaking past activities at some point during the term of the
license, without current service, would constitute substantial service. We therefore conclude that Biztel
has not demonstrated substantial service under the Commission's rules.
8. Relying on a Bureau decision accepting other Biztel 39 GHz renewal applications
where, during the course of the license terms, microwave paths were established and dismantled,26 Biztel
argues that "the fact that the links are disconnected or not currently being used to provide service does
not affect AT&T's entitlement to a renewal expectancy" with respect to its licenses.27 Biztel's reliance
on this order is misplaced. In 2003, Biztel had constructed at least four links per million population in
each licensed area during the license term to provide a variety of services to customers, including
wireless local loop service, backhaul, and backbone service for wireless service providers.28 Although
Biztel was utilizing these links to provide service to the public, it explained that all the paths were not
operational simultaneously for the entire license period because the type of service it provided was
dynamic rather than stable.29 As a result, while all of the paths may not have been operational throughout
the entire license period, at some point during the license period, there were sufficient paths in operation
to meet the safe harbor standard,30 and the stations were constructed and operational at the time of
renewal3' In contrast to the Biztel MO&O, where Biztel was providing a dynamic current service, Biztel
here concedes that the subject stations were either dismantled or not operational when it filed its renewal
23 Substantial Service Showings at 2.
24 Id.
2s See SPEEDUSNY.COM, Memorandum Opinion and Order and Order on Reconsideration, 22 FCC Rcd 13974,
13984 1 17 (WTB 2007).
26Biztel, Inc., Memorandum Opinion and Order, 18 FCC Rcd 3308 (WTB PS&PWD 2003) (Biztel MO&O).
27 See Substantial Service Showings at 2.
28 Biztel MO&O, 18 FCC Rcd at 3311 7.
291d.
30 Id
3' See File No. 0000309573, Substantial Service Showing Attachment at 1; File No. 0000314076, Substantial
Service Showing Attachment at 1.15807
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 19, Pages 15766 to 16662, December 14 - December 31, 2012, book, December 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc171153/m1/55/: accessed April 26, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.