[Federal Register Volume 69, Number 191 (Monday, October 4, 2004)]
[Rules and Regulations]
[Pages 59145-59146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22226]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 101

[ET Docket No. 98-206; RM-9147; RM-9245; DA 04-3007]


Amendment of the Commission's Rules Governing Multichannel Video 
Distribution and Data Service in the 12.2-12.7 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Correcting amendment.

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SUMMARY: On April 11, 2002, the Commission adopted rules to establish 
technical, service and licensing rules governing Multichannel Video 
Distribution and Data Service (MVDDS) in the 12 GHz band. Because an 
error was made in the final rules, this document contains correcting 
amendments to the final rules that were published in the Federal 
Register.

[[Page 59146]]


DATES: Effective on October 4, 2004.

FOR FURTHER INFORMATION CONTACT: Jennifer Mock, Broadband Division, 
Wireless Telecommunications Bureau at (202) 418-2487.

SUPPLEMENTARY INFORMATION: The Federal Communications Commission 
published in the Federal Register final rules, 67 FR 43031, June 26, 
2002, in the above captioned proceeding (Memorandum Opinion and Order 
and Second Report and Order). The instant document corrects an error in 
a note to section 101.1412.

Procedural Matters

    Any impact as defined by the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13, the Congressional Review Act (CRA), and the 
Regulatory Flexibility Act of 1980, as amended (RFA) was addressed at 
the time of adoption and release of the Memorandum Opinion and Order 
and Second Report and Order, FCC 02-116, adopted on April 11, 2002, and 
released on May 23, 2003, 67 FR 43031, June 26, 2002. Therefore, the 
PRA, CRA and RFA requirements have already been fulfilled for these 
rules.

List of Subjects in 47 CFR Part 101

    Communications common carriers, Communications equipment, Radio.

Federal Communications Commission.
Peter J. Daronco,
Assistant Chief, Broadband Division Wireless Telecommunications Bureau.

0
Accordingly, 47 CFR part 101 is corrected by making the following 
correcting amendments:

PART 101--FIXED MICROWAVE SERVICES

0
1. The authority citation for part 101 continues to read as follows:

    Authority: 47 U.S.C. 154, 303.

0
2. Section 101.1412 is amended by removing the Note immediately 
following paragraph (f)(6) and by adding a Note immediately following 
paragraph (g)(6) to read as follows:


Sec.  101.1412  MVDDS eligibility restrictions for cable operators.

* * * * *
    (g) * * *
    (6) * * *

    Note to Sec.  101.1412: Waivers of Sec.  101.1412(f) may be 
granted upon an affirmative showing:
    (a) That the interest holder has less than a fifty percent 
voting interest in the licensee and there is an unaffiliated single 
holder of a fifty percent or greater voting interest;
    (b) That the interest holder is not likely to affect the local 
market in an anticompetitive manner;
    (c) That the interest holder is not involved in the operations 
of the licensee and does not have the ability to influence the 
licensee on a regular basis; and
    (d) That grant of a waiver is in the public interest because the 
benefits to the public of common ownership outweigh any potential 
anticompetitive harm to the market.


[FR Doc. 04-22226 Filed 10-1-04; 8:45 am]
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