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FCC Wireless Bureau dismissed in part and denied in part emergenc...

FCC Wireless Bureau dismissed in part and denied in part emergency petition for clarification, filed by trade group Wireless Communications Assn. (WCA) Sept. 28 that followed issuance of 39 GHz band licenses to winning bidders. WCA had requested: (1)…

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Correction to indicate buildout deadline was 10 years from date license was granted. (2) Addition of statement to each band authorization acquired by competitive bidding if incumbent held license for territory within 39 GHz auction winner’s service area. In that case, it said, band authorization should state expressly that incumbent licensee retained right to use channels within its self-defined rectangular service area. FCC dismissed request to correct buildout deadline as moot because original 18-month buildout requirement of at least one link had been removed and replaced by “substantial service” requirement at license renewal at the end of 10-year term. Bureau also denied WCA’s request to add express condition as unnecessary because service rules specifically required 39 GHz auction licensees to protect incumbents. Rules state “39 GHz band licenses may not cause interference to a previously existing station operating in another authorized service area.”