Local Multipoint Distribution Service (LMDS) operators filed peti...

and instead continue to include LMDS in Multipoint Distribution Service (MDS) classification for assessing regulatory fees. (2) Reconsider decision to increase MDS/LMDS fee to $450 in 2001 from $275 in fiscal 2000. “Classifying LMDS with MDS, rather than with other fixed microwave services such as the 24 GHz and 39 GHz services, places LMDS at a competitive disadvantage without a rational basis for doing so,” said petition filed Aug. 10 on behalf of LMDS operators by Bennet & Bennet, which didn’t disclose names of its LMDS clients. Petition said LMDS and MDS shared some similarities but were regulated in “significantly different manners.” It contended that LMDS has more in common with services operating at 39 GHz and 24 GHz than MDS offerings. “Because of the similarities of the upper band services, the Commission should strive for regulatory parity and competitive neutrality in its regulations,” petition said. Services in 24 GHz and 39 GHz bands fall under microwave category for regulatory fee schedule and pay “nominal” fee at time of licensing and renewal, LMDS operators said. In MDS category, LMDS licensees must “pay significant annual regulatory fees,” they said. Petition said FCC had rejected Winstar request to reclassify LMDS to microwave fee category, concluding LMDS and MDS were operationally similar. Filing asked FCC to reclassify LMDS as fixed microwave service or to reduce LMDS regulatory fee. “An increase from $275 to $450 is not justified based on an increase in cost of the Commission’s regulation of LMDS,” petition said.