FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012 Page: 943
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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
TV Communications Network, Inc. )
Petition to Stay Pending Review by )
the Appellate Court )
Adopted: February 7, 2012 Released: February 8, 2012
By the Chief, Wireless Telecommunications Bureau:
1. In this Order, the Wireless Telecommunications Bureau ("Bureau") denies a petition for stay
filed by TV Communications Network, Inc. ("TVCN"). TVCN seeks to stay further Commission action
to implement three previous orders that upheld the automatic cancellation of licenses formerly held by
TVCN. We deny TVCN's petition because it fails to meet established Commission criteria for issuance
of a stay.
2. TVCN defaulted on its obligation to make timely installment payments to the Commission
for fourteen Broadband Radio Service ("BRS") licenses' awarded based on an auction that ended in
1996.2 Under the Commission's installment payment rules,3 the fourteen licenses cancelled automatically
as a result of TVCN's defaults.4 TVCN requested a waiver of the automatic cancellation rule,5 and the
i The Broadband Radio Service was originally called the Multipoint Distribution Service ("MDS"), and TVCN's
licenses were for MDS spectrum. However, in 2004. the Commission renamed MDS as BRS. 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, Report and Order
and Further Notice of Proposed Rulemaking, 19 FCC Red 14165 (2004). Accordingly, in this order we refer to the
service by its current name of BRS.
2 The BRS licenses held by TVCN were for the following markets: Clarksburg-Elkins, WV (MDB082), Dickinson,
ND (MDBI113), Fairmont, WV (MDB137), Logan, WV (MDB259), Morgantown, WV (MDB306), Salina, KS
(MDB396), San Luis Obispo, CA (MDB405). Scottsbluff, NE (MDB411), Scranton-Wilkes Barre, PA (MDB412),
Steubenville, Oil (MDB431), Stroudsburg, PA (MDB435), Watertown, NY (MDB463), Wheeling, WV (MDB471),
and Williston, ND (MDB476). See TV Communications Network, Inc., Request for Waiver of Installment Payment
Rules for Auction No. 6 and Reinstatement of Licenses, Order, 22 FCC Rcd 1397. 1397 n.1, 1398-1402 3-8
(WTB 2007) ('"TVCN Order") (providing a detailed background of this matter); see also Alpine PCS, Inc., Requests
for Waiver of the Installment Payment Rules and Reinstatement of Licenses, Memorandum Opinion and Order. 25
FCC Red 469, 478 T 13 (2010) ("Installrment Payment Order"), af d, Alpine PCS, Inc. v. FCC, 404 Fed. Appx. 508
(D.C. Cir. 2010), reh. denied, No. 10-1020 (D.C. Cir. Feb. I0, 2011).
3 See 47 C.F.R. 1.2110(f)(4)(iv) (1999); 47 C.F.R. 1.2110(g)(4)(iv) (2002).
4 See TVCN Order, 22 FCC Red at 1398 2. 1400-01 6-7; Instalhnent Payment Order, 25 FCC Red at 478 1 13.
See TVCN Order, 22 FCC Red at 1398 2, 1409 24; Installment Payment Order, 25 FCC Red at 478 13.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012, book, February 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc94251/m1/21/: accessed August 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.