FCC Web Documents citing 1.925

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2495A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2495A1.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CITY OF RICHMOND, VIRGINIA For 900 MHz Channels to Operate a Regional Public Safety Two-Way Paging System in Henrico, Chesterfield, and Hanover Counties, Virginia and Request for Waiver Pursuant to Section 337(c) of the Communications Act of 1934, and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) ) File No. 0002660203 Adopted: December 11, 2006 Released: December 12, 2006 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction We have before us an application and associated waiver request filed by the City of Richmond, Virginia (Richmond) to operate a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2555A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2555A1.pdf
  • STAs to operate on pre-rebanding channels. However, we anticipate that STA requests failing to show a public safety need to initiate operations during rebanding will not be routinely granted. This policy applies both to new or modified base station facilities and to mobile and portable radios that may be added to a system in the post-freeze environment. 47 C.F.R � 1.925. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � Q \ ^ l � � � � � � h8 F F ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� p t t t
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  • view of the unique or unusual circumstances of the case, application of the rule would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. We conclude that Bridgewater has made a sufficient showing to warrant grant of the requested waiver under the first prong of the waiver standard set forth in Section 1.925(b)(3) of the Commission's rules. The purpose of the fifty-mile limitation is to ensure that television stations and land mobile stations do not interfere with one another. Sections 90.305(a) and (b) of the Commission's rules provide that private land mobile radio (PLMR) base stations operating in the 470-512 MHz band may be located only within fifty miles of the geographic centers
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2618A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2618A1.pdf
  • application filing freezes for each region, one filing freeze for non-NPSPAC licensees and a separate freeze for NPSPAC licensees. See Wireless Telecommunications Bureau Outlines Application Freeze Process for Implementation of 800 MHz Band Reconfiguration, Public Notice, DA 05-1340, released May 11, 2005 (Two Freeze PN). Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. The computation of working days in this
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  • operations with 20 kHz bandwidth. However, we caution DMC that it must achieve narrowband compliance with Section 90.265 on or before January 1, 2013, and to ensure that it timely adheres to its license renewal obligations. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Request filed by the Detroit Medical Center on February 15, 2006 associated with application FCC File No. 0002316654 IS GRANTED, and the application SHALL BE PROCESSED in accordance with this Order and the Commission's rules. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of
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  • a waiver of Section 90.20(d)(81) of the Commission's rules. Specifically, Long Beach may operate 25 kHz bandwidth equipment on the frequencies 458.2250 MHz, 458.7000 MHz and 458.8500 MHz at the fixed location specified in its application. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Request filed by the City of Long Beach with respect to application FCC File No. 0002369871 IS GRANTED as noted herein. IT IS FURTHER ORDERED that the Policy Division of the Public Safety and Homeland Security Bureau SHALL PROCESS application FCC File No. 0002369871 in accordance with this Order
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  • to operate on frequency pair 476/479.3250 MHz because it has neither submitted a signed sharing statement nor sought or supported a waiver of Section 90.313(c). Therefore, we grant Vernon's application, in part, and deny it, in part. Ordering Clauses Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the Request for Waiver of Section 90.307(d) of the Commission's rules, 47 C.F.R. � 90.307(d), filed by the Township of Vernon, New Jersey on June 9, 2006, IS GRANTED SUBJECT TO THE CONDITIONS SPECIFIED HEREIN. IT IS FURTHER ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1079A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1079A1.pdf
  • and Homeland Security Bureau seeks comment on the above-captioned eighteen applications and associated waiver request filed on December 22, 2006, by the City of Boston, Massachusetts (Boston), on behalf of the Metro-Boston Homeland Security Region (MBHSR). Boston seeks waiver relief, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. � 337(c), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, to use seventy-two unassigned 47 C.F.R. Part 22 paging control frequencies in the 470-512 MHz band for public safety communications. Boston contends that its proposed use of the subject frequencies is necessary due to the lack of available public safety frequencies in the Boston metropolitan area. Boston also asserts that use of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TOWNSHIP OF CINNAMINSON, NEW JERSEY Request for Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as amended, and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) ) File No. 0002369035 Order Adopted: March 6, 2007 Released: March 7, 2007 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction We have before us an application and associated waiver request filed by the Township of Cinnaminson, New Jersey (Cinnaminson) to modify its public safety
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  • limited extension of the deadlines by which they were required to achieve 95% penetration among their subscribers of location-capable handsets. We therefore grant Petitioners' requests for further waiver, subject to the conditions and reporting requirements described herein. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules filed by South #5 RSA Limited Partnership d/b/a Brazos Cellular Communications, Ltd. IS GRANTED, nunc pro tunc, subject to the
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  • rebanding. Therefore, we conclude that Sprint should pay for retuning of these facilities, notwithstanding the fact that they were incorrectly classified as temporary facilities and that STAs for the facilities were granted after the freeze. Ordering Clause ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the waiver request filed, by the Commonwealth of Pennsylvania in connection with application FCC File No. 0002886293 IS GRANTED to the extent discussed herein. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION David L. Furth
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  • proposed sites and an adjacent-channel TV station. Finally, Dauphin requests a waiver of Section 90.309, Table C to allow its mobile units to operate with more power than permitted and requests a waiver of Section 90.309, Table A to allow its base stations to be short-spaced to co-channel TV stations. Dauphin contends that the waivers are justified under both Section 1.925 and Section 337(c) of the Communications Act of 1934, as amended. For the reasons stated below, we grant Dauphin's Waiver Request, subject to the conditions specified herein. BACKGROUND Dauphin states that it is upgrading its public safety radio communication system. According to Dauphin, the new radio system will provide first responders with a county-wide communications capability along with interoperability with
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  • to facilitate effective public safety communications. Our decision here is consistent with our prior Tuscarawas decision, in which we granted a waiver of the General Category freeze on our own motion under similar circumstances. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the request for waiver of the inter-category freeze filed by the County of Tompkins in association with FCC File Nos. 0002574431 and 0002574522 is DISMISSED as moot. It is FURTHER ORDERED that the request for waiver of the inter-category sharing freeze and the Wave 4, Stage 1 application freeze
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  • to a limited extension of the deadline by which it was required to achieve 95% penetration among its subscribers of location-capable handsets. We therefore grant Five Star's Petition, subject to the conditions and reporting requirements described herein. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Petition for Temporary Waiver or Temporary Stay by Texas RSA 15B2 Limited Partnership d/b/a Five Star Wireless IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is December 31, 2007.
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  • future STA applications, Pennsylvania may request under the STA Public Notice waiver standard that the relief granted by this Order be extended to cover Sprint's payment for retuning of facilities covered by such applications. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the Request filed, by the Commonwealth of Pennsylvania in connection with the applications FCC File Nos. 0002944393; 0002943944; 0002944400; 00029464870; 0002965006; 0002965016; 0002965111; 0002965116 IS GRANTED to the extent discussed herein. IT IS FURTHER ORDERED, that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i),
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  • of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. An applicant seeking a waiver faces a high hurdle and must plead with particularity the facts and circumstances that warrant a waiver. Based on the information before us, we conclude that Edgecombe has not satisfied the requirements in Section 1.925 for grant of a waiver request. We find that the underlying purpose of the TIS rules would not be frustrated by application of the rules to the present case; in fact, application of the rules serves the very purpose of the rule, that ``intended programming on Travelers Information Stations would normally consist of . . . specific information pertinent only
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  • (3) the status of its coordination efforts with PSAPs for alternative 95% handset penetration dates; (4) its efforts to encourage customers to upgrade to location-capable handsets; and (5) the percentage of its customers with location-capable phones. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Request for Waiver of the 95% Location Capable Handset Penetration Requirement filed by Sagebrush Cellular, Inc. and Triangle Communication System, Inc. IS GRANTED, nunc pro tunc, subject to the reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is June 28, 2007. IT IS FURTHER ORDERED, pursuant
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  • freeze will not frustrate the underlying purpose of the freeze and is warranted. Further, we find that grant of the waiver is consistent with our public interest goal to facilitate effective public safety communications. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the request for waiver of the inter-category freeze filed by the County of Tuscarawas is DISMISSED as moot. It is FURTHER ORDERED that a waiver of the General Category freeze for station WPDU278 IS GRANTED, and applications FCC File Nos. 0002183000-01 filed by the County of Tuscarawas SHALL BE
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  • has satisfied the Commission's waiver criteria in support of its request for a waiver of Section 90.617(g)(1). Thus, we grant Minnesota's request to add the requested sites to its mobile data system on frequency 858.6625 MHz. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Requests filed by the State of Minnesota with respect to applications FCC File Nos. 0002806667, 0002780258 and 0002777116 ARE GRANTED as noted herein. IT IS FURTHER ORDERED that the Policy Division of the Public Safety and Homeland Security Bureau SHALL PROCESS application FCC File Nos. 0002923557, 0002923558 and 0002932070
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  • the inter-category sharing freeze. Conclusion For the reasons stated herein, we deny Delaware's request for waiver of Section 90.621(b)(4) of the Commission's rules and dismiss as moot its request for waiver of the inter-category sharing freeze. Ordering ClauseS Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the request for waiver of Section 90.621(b)(4) of the Commission's rules filed by the State of Delaware, on March 23, 2005, IS DENIED, and its request for waiver of the inter-category sharing freeze IS DISMISSED AS MOOT. IT IS FURTHER ORDERED that application FCC File No. 0002097654 SHALL BE DISMISSED in accordance
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CITY OF BOSTON, MASSACHUSETTS Request for Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as amended, and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) ) ) File Nos. 0002859368, 0002859394, 0002859398, 0002859566, 0002859631, 0002859634, 0002859674, 0002859678, 0002859681, 0002859693, 0002859696, 0002859703, 0002859707, 0002859713, 0002859716, 0002859739, 0002859744, and 0002859754 Order Adopted: October 11, 2007 Released: October 12, 2007 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The City of Boston,
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  • Airport. The licenses will be used by Arlington to preserve and promote critical communications that protect the safety of life, health, and property. We therefore find that granting the application is consistent with the public interest. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Requests filed by the County of Arlington with respect to applications FCC File No. 0002465045 and 0002464977 ARE GRANTED as noted herein. IT IS FURTHER ORDERED that the Policy Division of the Public Safety and Homeland Security Bureau SHALL PROCESS application FCC File Nos. 0002465045 and 0002464977 in accordance
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  • operate vehicular repeater stations on base station frequencies in the 851-861 MHz portion of the 800 MHz band and to operate hand-held units with a maximum output power of 3 watts when operating through mobile repeaters. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Request filed by the Commonwealth of Pennsylvania with respect to application FCC File No. 0002112329 IS GRANTED SUBJECT TO THE CONDITION that operation of mobile radio repeaters is authorized only on a secondary basis. IT IS FURTHER ORDERED that application FCC File No. 0002112329 SHALL BE PROCESSED in accordance
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  • MHz public safety channels are spaced every 25 kHz. Based on our prior experience with the characteristics of the type of equipment Emeryville proposes, we believe it cannot meet the more stringent Emission Mask H requirements at the data rates it proposes. Accordingly, a waiver of Section 90.210(h) is required if Emeryville is to implement its system as proposed. Section 1.925(b)(3) of the Commission's rules allows us to grant a waiver when the waiver proponent shows that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual
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  • the proposed operations would cause no probability of harmful interference to any non-State incumbent.'' The interference analysis does show predicted interference to the State's own stations, but Florida deems that acceptable. It also observes that the Commission has previously granted 12.5 kHz offset waivers in Florida in the same area in which Florida is requesting its instant waiver. Discussion. Section 1.925 of the Commission's rules states that a waiver request may be granted upon a showing that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual
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  • as amended, 47 U.S.C. � 154(i), and Section 1.41 of the Commission's rules, 47 C.F.R. � 1.41, the Informal Petition to Dismiss or Deny submitted by License Communications Service, Inc., filed on September 20, 2006, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the requests for waiver associated with the applications, FCC File Nos. 0002698531 and 0002734941, filed by the City of Los Angeles, California Department of Airports on August 1, 2006, as amended, ARE GRANTED, and SHALL BE PROCESSED, consistent with this Order and the Commission's rules. IT IS FURTHER ORDERED that, pursuant to
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  • an explanation of why C&CC has chosen the compliance efforts it has chosen. We emphasize that irrespective of the relief we grant in this Order, we fully expect C&CC to achieve compliance as quickly as possible. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Petition for Extension of Waiver filed by Cable & Communications Corporation IS GRANTED IN PART, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is April 26, 2008. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of
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  • provides for emergency broadcasts over car radios, would alternatively satisfy at least some if not all of the objectives it proposes to achieve via TIS. conclusion In consideration of the facts before us, we deny the Waiver Request because CalTrans has failed to demonstrate that a waiver of Section 90.242(a)(7) is warranted pursuant to the criteria set forth under Section 1.925 of the Commission's rules. V. ORDERING CLAUSE Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the request for waiver filed by the California Department of Transportation on July 26, 2006 IS DENIED. This action is taken
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  • Thus, these frequencies would be of little or no utility to other public safety entities seeking to serve the island or the adjacent mainland, because any such entity they would have to protect Nantucket's existing operations. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Request filed by the Town of Nantucket, Massachusetts with respect to application FCC File No. 0003161195 IS GRANTED as noted herein. IT IS FURTHER ORDERED that the Policy Division of the Public Safety and Homeland Security Bureau SHALL PROCESS application FCC File No. 0003161195 in accordance with this Order
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  • of NCR's system ultimately still will be subject to the rules adopted in the pending 700 MHz proceedings. This waiver ensures, however, that they are able to pursue a license and commence operations without further delay. ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Request for Waiver filed by the National Capital Region on May 12, 2006, and amended on July 3, 2006, IS GRANTED SUBJECT TO THE CONDITIONS referenced herein. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of COUNTY OF WESTCHESTER, NEW YORK Request For Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules, to Allow Public Safety Communications on Frequencies Allocated Under Part 22 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) File No. 0003004004 Order Adopted: November 15, 2007 Released: November 15, 2007 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The County of Westchester, New York
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  • the Cingular Waiver Order. In this letter, XIT indicated that the two digital wireless handsets it sells meet the hearing aid compatibility requirements for 1900 MHz operation and are properly labeled. In rejecting XIT's amended petition for waiver, the Commission held that that XIT had failed to demonstrate unique or unusual circumstances warranting the grant of a waiver under Section 1.925(b)(3) of the Rules. The Commission determined that but for XIT's mistake regarding the U rating of the Nokia 6101, XIT could have met the hearing aid compatibility requirements by March 16, 2006, within the six month waiver period it requested initially. In light of XIT's failure to exercise ``due diligence'' in determining the correct rating of the handsets it offered,
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  • as amended, 47 U.S.C. � 337(c), to use, for public safety communications purposes, two frequencies in the television (TV) Channel 19 Band (500-506 MHz) and two frequencies allocated for Part 22 trunked mobile operations. Specifically, Baldwin seeks frequencies 502.525, 505.525, 479.0625, and 479.1625 MHz. In the alternative to Section 337(c) of the Act, Baldwin requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. On May 25, 2007, the Commission granted Baldwin Special Temporary Authority (STA) to permit secondary operation on frequency pair 502/505.525 MHz under Call Sign WQGY612. On September 27, 2007, the Commission granted Baldwin's request to add frequencies 479.0625 and 479.1625 MHz to the STA. TV Channel 19 is allocated to private land
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  • an explanation of why Leaco has chosen the compliance efforts it has chosen. We emphasize that irrespective of the relief we grant in this Order, we fully expect Leaco to achieve compliance as quickly as possible. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Petition for Extension of Waiver filed by Leaco Rural Telephone Cooperative, Inc. IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is March 12, 2008. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the
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  • and include a request for a temporary, limited waiver of Sections 90.527(a)(3) and (6), and any other relevant rules for which the region requires a waiver, explaining that the region will supplement its January 31, 2008, submission as soon as possible after the necessary CAPRAD updates are completed. Such waivers must comport with the Commission's general waiver standards under Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, and must be adequately supported. RPC Plan Amendment Review. A region may electronically poll its RPC membership for review and approval of a proposed amendment. Regions may hold online RPC meetings if they so choose. Once region approval is obtained, the RPC Chair should immediately circulate the region-approved amendment to its adjacent
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  • and extend the date by which SouthernLINC must achieve 95% penetration to November 12, 2007. We further impose the conditions and reporting requirements described herein to ensure that SouthernLINC achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by Southern Communications Services, Inc. d/b/a SouthernLINC Wireless IS GRANTED IN PART, subject to the conditions and reporting requirements specified
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  • find that Kinnelon has no reasonable alternative available to satisfy the public safety communications needs of the Borough and its need for interoperability with surrounding jurisdictions. Accordingly, we are granting the rule waivers that Kinnelon requests. Ordering ClauseS Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the request for waiver of Sections 90.307(d) and 90.311(a)(2) of the Commission's rules filed by the Borough of Kinnelon in conjunction with application FCC File No. 0002865892 IS GRANTED. IT IS FURTHER ORDERED that application FCC File No. 0002865892 SHALL BE PROCESSED consistent with this Order and the Commission's rules. This action
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  • #2 (Call Sign WQCR563), we also direct Arlington to submit Station Call Sign WQBY206 for cancellation within ten days of the release date of this Order. IV. CONCLUSION In consideration of the facts before us and subject to the conditions herein, we grant the waiver request because Arlington has demonstrated that a waiver of Section 90.242(b)(4)(iv) is warranted under Section 1.925 of the Commission's rules. We also find that grant of the instant waiver request serves the public interest because it ensures that broadcast stations are protected, while providing Arlington the ability to provide pertinent information to the traveling public. V. ORDERING CLAUSEs Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.
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  • Transit limited waiver relief of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Pierce Transit is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the Petition and associated public record. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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  • Motorola). See id. at Attachment D (Letter to Kenneth Moran, Acting Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission, from Richard O'Herron, STARCOM21 System Manager, Motorola (dated Nov. 6, 2006)). Waiver Request at 5. 47 C.F.R. � 90.523. 47 U.S.C. � 337(f)(1). 47 C.F.R. � 90.523(b) 47 C.F.R. � 90.523; 47 U.S.C. �� 337(a), (f)(1). 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (D.C. Cir. 1972), cert. denied, 409 U.S. 1027 (1972) (citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968)); Birach Broadcasting Corporation, Memorandum Opinion and Order, 18 FCC Rcd 1414, 1415 � 6 (2003). See Douglas,
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  • and Homeland Security Bureau seeks comment on fifty-seven applications filed on April 5, 6, and 9, 2007, and an associated waiver request filed by the County of Los Angeles, California (the County). The County seeks a waiver of Sections 90.303 and 90.305, and Part 73 of the Commissions rules, 47 C.F.R. �� 90.303 and 90.305, Part 73, pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, to use all frequencies in the television (TV) channel 15 band (476-482 MHz) for public safety communications. On November 6 and 7, 2007 and January 2, 2008, the County attached to its applications an amended waiver request dated October 17, 2007 with a showing pursuant to Section 337(c) of the Communications Act
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  • FCC Rcd 3352 (2008) (``February 2008 Inductive Coupling Compatibility Waiver Order''). Id. at 3363-64. See also Farmers Cellular September 18, 2006 Report at 3. See Farmers Cellular June 12, 2007 Report at 2, 5. See Farmers Cellular March 27, 2007 Report at 1. February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3364. See also 47 C.F.R. � 1.925(b)(3). February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3365. Id. Id. at 3357. Id. at 3365. Id., citing 47 U.S.C. � 610(a) (directing Commission to ``ensure reasonable access to telephone service by persons with impaired hearing''). On March 27, 2008, Farmers Cellular filed a petition for reconsideration of the February 2008 Inductive Coupling Compatibility Waiver Order. On
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  • filed on September 6, 2007 by Howard County, Maryland (Howard County). Howard County seeks Commission approval to modify its existing Travelers' Information Station (TIS) license located at Clarkesville Fire Station under Call Sign WQCR505 to include two additional TIS sites. In connection with this application, Howard County also requests waiver of Section 90.242(b)(4)(iv) of the Commission's rules, pursuant to Section 1.925, 47 C.F.R. � 1.925. Howard County states that it has over 270,000 residents and is located between Baltimore, MD and Washington, D.C. According to Howard County, it originally planned to provide coverage for key travel areas throughout most of the county using eight TIS sites. However, Howard County states that, because testing of its antenna system at the Clarksville Fire
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  • is warranted. IV. CONCLUSION Based on the record before us, we find that the City has satisfied the requirements to obtain a waiver of Section 90.311(a)(2). We therefore grant the City's request for waiver. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the requests for waiver associated with the applications, FCC File Nos. 0003096479 and 0003096484, filed by the City of Los Angeles, California on July 3, 2007, ARE GRANTED, and SHALL BE PROCESSED, consistent with this Order and the Commission's rules. This action is taken under delegated authority pursuant to Sections 0.191 and
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  • with six other petitions for reconsideration, on public notice and established a pleading cycle for comments and reply comments. See Wireless Telecommunications Bureau Seeks Comment on Petitions for Reconsideration Filed in Hearing Aid Compatibility Docket, Public Notice, DA 08-1087 (rel. May 7, 2008). February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3364. See also 47 C.F.R. � 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3365. See id. at 3365. Id. at 3357. Id., citing 47 U.S.C. � 610(a) (directing Commission to ``ensure reasonable access to telephone service by persons with impaired hearing''). Blanca June 21, 2007 Report at 2. Section 312(f)(1) of the Act defines ``willful'' as ``the conscious and deliberate commission
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  • hearing aid compatibility requirements for wireless digital telephones. The Commission found that Centennial did not meet the requirements to justify a waiver under the rules. Specifically, the Commission stated that Centennial, unlike other Tier II carriers, failed to demonstrate unique or unusual circumstances, or the existence of any other factor, warranting grant of the requested waiver pursuant to the Section 1.925(b)(3) standard. Further, the Commission noted that Centennial cited factors, such as lack of availability and amount of time required to test handsets, that affected all carriers and do not form an adequate basis on which to afford Centennial special relief. Finally, the Commission found that Centennial did not demonstrate diligence in its efforts to comply with the hearing aid compatibility
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  • supplemental waiver request that meets these criteria, the interim relief granted by this order will extend until the Bureau acts on the request. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 6
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  • licensees in the region have completed rebanding of their own systems, provided that they notify the TA of such continued mutual aid operations. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 6 (Northern
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  • supplemental waiver request that meets these criteria, the interim relief granted by this order will extend until the Bureau acts on the request. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 4
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  • licensees in the region have completed rebanding of their own systems, provided that they notify the TA of such continued mutual aid operations. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 4 (Arkansas)
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  • timely waiver request that meets these criteria, the interim relief granted by this order will extend until the Bureau acts on the request. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 1
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  • licensees in the region have completed rebanding of their own systems, provided that they notify the TA of such continued mutual aid operations. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 1 (Alabama)
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  • Therefore, we grant a waiver to Chandler pending establishment of a rebanding timetable for Mexican border region licensees, which will apply to Chandler. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 5
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  • licensees in the region have completed rebanding of their own systems, provided that they notify the TA of such continued mutual aid operations. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 3 (Arizona)
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  • interference complaint, Sprint will strictly adhere to the Commission's mandated interference response timelines and requirements specified in Section 90.674 of the Commission's rules. Ordering clause Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the request for waiver of the June 26, 2008 deadline submitted by Sprint Nextel Corporation IS GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau See Improving Public Safety Communications in the 800 MHz Band, WT
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  • instant Application and Waiver Request are part of twenty-nine applications filed by Wyoming to use certain frequencies governed under Parts 22, 80 and 90 of the Commission's rules as part of its proposed WyoLink system. See, e.g., File Nos. 0002947551, 0003029378. 47 C.F.R. �� 20.9(a)(6), 22.561, and 22.565(f). 47 U.S.C. � 337(c). Alternatively, Wyoming seeks a waiver pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. See Waiver Request at 3. See Amended Waiver Request at 1. Id. at 2. Id. Id. See id. Id. at 3. Id. at 5. Id. at 1. Id. at 5. Id. See id. at 4. See id. at 8. See id. at 4. See id. Id. at 5. Id. Id. at 1.
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  • the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), and Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition). Improving Public Safety Communications
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  • August 30, 2007, would be ineligible for relocation funding. On October 23, 2007, the State of New York (New York) filed a request for a limited waiver of the requirement that all new 700 MHz narrowband public safety operations must be deployed on the consolidated narrowband channels, effective August 30, 2007. Specifically, New York requests a waiver, pursuant to Section 1.925 of the Commission's rules, of the new 700 MHz public safety band plan, as applied to its statewide 700 MHz license, call sign WPTZ779, and limited to the U.S./Canadian border region within New York State so that New York can deploy and operate narrowband facilities within that border region in conformance with the current U.S./Canada coordination agreement governing the use
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  • NCR regional rebanding, and we encourage all NCR licensees to complete rebanding of the non-interoperable components of their systems more quickly if possible. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the request for waiver of the June 26, 2008 deadline submitted by Fairfax County on behalf of the National Capital Region licensees is GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau The NCR licensees are
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  • that allowing TARS to continue operation on its current channels with full interference protection will serve the public interest. Based on the novel and narrow circumstances before us, we therefore grant Calhoun County's request for waiver. Ordering clauseS Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the waiver request filed by Calhoun County, Alabama IS GRANTED as noted herein. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau Calhoun
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  • and Homeland Security Bureau: Introduction The State of Wyoming (Wyoming) filed fourteen applications for authority to operate several channel pairs in the 150 MHz band as part of its statewide narrowband digital trunked P-25 radio communication systems called ``WyoLink.'' As part of these applications, Wyoming also seeks waiver of Sections 90.20(g)(2)(i) and 90.20(g)(5)(ii) of the Commission's rules, pursuant to Section 1.925(b)(3). For the reasons discussed below, we grant Wyoming's request as conditioned herein. BACKGROUND Wyoming seeks to construct a statewide narrowband digital trunked radio communications system, which it states would be ``used by participating local, state and federal agencies to support critical public safety and homeland security activities benefiting Wyoming's population of over 500,000 and its more than 11 million annual
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  • 1934, as amended (the Act), to use, for public safety communications purposes, two frequencies interleaved between channels allocated for Part 22 point-to-multipoint operation. Specifically, Ashland proposes to construct and operate a new wireless telecommunications system for its public safety radio operations utilizing frequencies 470.1000 and 473.1000 MHz. In the alternative to Section 337(c), Ashland requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Ashland requests waiver of Sections 20.9(a)(6) and 22.621. Ashland is located in the Boston urbanized area. Ashland seeks waiver of the Commission's rules to use non-public safety frequencies, 470.1000 MHz and 473.1000 MHz, to enable it ``to operate a wireless telecommunications system to meet it public safety obligations to its citizenry.'' Ashland
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1653A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1653A1.pdf
  • 4 Waiver Order. We clarify that the Wave 4 Waiver Order applies to these licensees, both of which are grouped in Wave 4. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A and Appendix B of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A
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  • of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Illinois is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the public record submitted in response to the Second Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1697A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1697A1.pdf
  • of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Arkansas is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the public record submitted in response to the Second Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1745A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1745A1.pdf
  • of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Mississippi is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the public record submitted in response to the Second Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1746A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1746A1.pdf
  • on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Hawaii is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the petitions and associated public record submitted in response to the Second Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1748A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1748A1.pdf
  • consider the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days until August 25, 2008. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition).
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  • consider the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days until September 24, 2008. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition).
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  • ``the Township''). Woodbridge seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. � 337(c), to use, for public safety communications purposes, a trunked public safety communications system on fifteen frequency pairs in the television (TV) Channel 20 band (506-512 MHz). In the alternative, Woodbridge requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Woodbridge states that ``TV Channel 20 is available for allocation in the Philadelphia metropolitan area, which encompasses a radius of fifty miles from the City of Philadelphia.'' Because the proposed frequencies are not available for use by public safety entities in the Northern New Jersey area, Woodbridge seeks a waiver of Section
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2139A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2139A1.pdf
  • consider the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days until October 24, 2008. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition).
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2351A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2351A1.pdf
  • consider the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days until November 24, 2008. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition).
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  • 1934, as amended, 47 U.S.C. � 337(c), to operate, for public safety communications purposes, a point-to-multipoint control frequency allocated for Part 22 point-to-multipoint service for paging operations. Specifically, the County seeks ``to operate a new public safety paging facility on [frequency] 476.2875 MHz.'' In the alternative to Section 337(c) of the Act, Morris County requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. The County requests waiver of Sections 20.9(a)(6) and 22.621 of the Commission's rules to use this frequency. The County also requests waiver of Sections 90.307 and 90.309 of the Commission's rules to locate transmitters short-spaced to television stations. Morris County states that it ``is located in northern New Jersey, on the western
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2518A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2518A1.pdf
  • narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Harris is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the public record submitted in response to both the Second Further Notice and Third Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2519A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2519A1.pdf
  • of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Ada is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the petitions and associated public record submitted in response to both the Second Further Notice and Third Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2520A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2520A1.pdf
  • of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Phoenix is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the petitions and associated public record submitted in response to both the Second Further Notice and Third Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2667A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2667A1.pdf
  • for authority ``to operate a trunked public safety communications system'' on fifteen frequency pairs in the television (TV) Channel 20 (506-512 MHz band). Woodbridge seeks waiver of Sections 90.305(a), 90.307(a), 90.307(d), and 90.309 of the Commission's rules, to use these frequencies pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, Section 1.925 of the Communication's rules. By this Order, we grant Woodbridge's Waiver Request as conditioned herein. BACKGROUND Woodbridge states that it is ``the fifth largest municipality in New Jersey,'' and that ``[a]ll Northeast corridor railroads cross Woodbridge and include public industrial stations and depots, including Metropark, New Jersey's largest commuter rail facility.'' Woodbridge adds that its ``location and industrial activity contributes
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  • accommodate all of the public safety users in the County that will operate at 470-512 MHz.'' The County states that ``there is no mobile/portable equipment available today . . . that would span both the 470-512 and 700 MHz bands.'' Initially, the County sought waiver of Sections 90.303 and 90.305, and Part 73 of the Commissions rules, pursuant to Section 1.925, to use all frequencies in the TV Channel 15 band for public safety communications. Because these frequencies are not allocated for public safety operations, the County subsequently filed a supplement containing a request for waiver pursuant to Section 337(c) of the Communications Act of 1934 (the Act), as amended, and an engineering supplement to quantify the County's spectrum needs. On
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  • to four months of work and the subsequent retuning of fixed sites, Florida states that it can save time and resources by conducting its rebanding-related and expansion-related reprogramming simultaneously. Finally, Florida notes that it has obtained both Sprint's and Southern's consent for Florida to add the requested channels at the proposed locations prior to the conclusion of rebanding. Discussion Section 1.925 of the Commission's rules provides that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of
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  • under Part 80 of the Commission's rules, as part of Montana's statewide VHF public safety communications system. Because the subject maritime frequencies are not allocated for the provision of public safety services, the Counties seek waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended. In the alternative, the Counties seek waiver relief pursuant to Section 1.925 of the Commission's rules. Specifically, Beaverhead and Granite seek to use Part 80 private coast station frequencies and Silverbow seeks to use Part 80 maritime VHF frequencies as a part of a wireless communications system that is vital to the public safety governmental operations of the applicants. Accordingly, the Counties filed requests for waiver of Sections 80.105, 80.106, 80.123, 80.203,
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  • Center site. We therefore conclude that the public interest would be served by granting the Port Authority an extension of time to complete construction of the World Trade Center Stations listed in the Attachment. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 303(r), and Sections 1.925, 1.946(e), 90.157, and 101.65(b) of the Commission's rules, 47 C.F.R. �� 1.925, 1.946(e), 90.157, and 101.65(b), the Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission's rules, filed by the Port Authority of New York and New Jersey IS GRANTED, nunc pro tunc, to the extent indicated herein. This action is taken under delegated authority pursuant
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  • an explanation of why SouthernLINC has chosen the compliance efforts it has chosen. We emphasize that irrespective of the relief we grant in this Order, we fully expect SouthernLINC to achieve compliance as quickly as possible. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Request for Further Limited Waiver filed by Southern Communications Services, Inc. d/b/a SouthernLINC Wireless IS GRANTED IN PART, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is August 15, 2008. This action is taken under delegated authority pursuant to Sections 0.191
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  • of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Petitions for Waiver of Section 20.19 of the Commission's Rules, Memorandum Opinion and Order, FCC 08-67 (released February 27, 2008) (``February 2008 Inductive Coupling Compatibility Waiver Order''). CTC September 18, 2006 Report at 2. CTC June 7, 2007 Report at 2. CTC April 2, 2007 Report at 2. See 47 C.F.R. � 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, FCC 08-67 at � 22. See id. at �� 11-17. Id. at � 8. Id. at � 22. See 47 U.S.C. � 610(a) (directing Commission to ``ensure reasonable access to telephone service by persons with impaired hearing''). CTC stated that it began offering Motorola Models V323i and RAZR V3m on March 13,
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  • WT Docket No. 01-309, May 31, 2007 at 2 (``South Slope May 31, 2007 Supplement to Petition for Waiver''). Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Petitions for Waiver of Section 20.19 of the Commission's Rules, Memorandum Opinion and Order, FCC 08-67 (released February 27, 2008) (``February 2008 Inductive Coupling Compatibility Waiver Order''). See 47 C.F.R. � 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, FCC 08-67 at � 22. See id. at �� 11-17. Id. at � 8. Id. at � 22. See South Slope May 31, 2007 Supplement to Petition for Waiver at 2. Section 312(f)(1) of the Act defines ``willful'' as ``the conscious and deliberate commission or omission of [any] act, irrespective of any
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  • III carrier, to obtain compliant handsets from its vendors. The Commission found that i wireless did not meet the requirements to justify a waiver under the rules. Specifically, the Commission stated that i wireless failed to demonstrate the diligence, unique or unusual circumstances, or any other factor that would warrant a grant of the requested waiver pursuant to the Section 1.925(b)(3) standard. The Commission recognized that i wireless, as a group of Tier III carriers with potentially limited inductive coupling-compatible GSM handsets available to it in September 2006, may well have been unable reasonably to come into compliance by the September 18, 2006 deadline, or shortly thereafter. Nonetheless, the Commission stated that i wireless had failed to demonstrate its need for
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  • sites that were not covered by the 2004 Order, employing simulcast technology in five zones throughout the county. York would be using the same fifty-eight frequency pairs already on the existing licenses, and York seeks no new spectrum. York requests a waiver of Section 90.305(a) to operate at the new sites beyond eighty kilometers of Philadelphia, Pennsylvania pursuant to Section 1.925 of the Commission's rules, or, alternatively, Section 337(c) of the Communications Act of 1934, as amended (``the Act''). In addition, York requests to license individually eighty-three control stations to be associated with the twenty-two-site system. All control stations would be located within York County except for one that would be 0.5 kilometers into adjacent Adams County, Pennsylvania. York notes that
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  • specifies that Part 22 Paging and Radiotelephone Service operations be treated as commercial mobile radio services, and (ii) Section 22.565, which specifies the transmitting power limits associated with Part 22 Paging and Radiotelephone Service operations. Wyoming seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended, 47 U.S.C. � 337(c), or, alternatively, Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925. Wyoming states that it expects WyoLink to be used by participating local, state, and federal agencies to support critical public safety activities serving Wyoming's population of over 500,000 residents and its more than 11 million annual visitors and tourists. Although Wyoming estimates that the requested Part 22 channels represent less than
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  • public safety communications purposes, a frequency interleaved between channels allocated for Part 22 point-to-multipoint operation and a frequency interleaved between channels allocated for Part 22 trunked mobile operation. Specifically, Bayonne seeks to modify its existing public safety radio communications system by adding frequencies 470.1500 and 473.1500 MHz. In the alternative to Section 337(c), Bayonne requests waiver relief pursuant to Section 1.925, 47 C.F.R. � 1.925. Bayonne requests waivers of Sections 20.9(a)(6), 22.621, and 22.651, 47 C.F.R. �� 20.9(a)(6), 22.621, 22.651, and such other Commission rules as may be necessary to grant the application. Bayonne is located in the New York-Northeastern New Jersey urbanized area. In 2004, Bayonne was originally authorized to operate this system as Station WQBL378, with an associated waiver
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1055A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1055A1.pdf
  • on request FOR waiver BY THE STATE OF NEW YORK to EXTEND ``SLOW GROWTH'' AUTHORIZATIONS File No. 0003776692 Comment Date: June 11, 2009 Reply Comment Date: June 26, 2009 The Public Safety and Homeland Security Bureau seeks comment on an application and waiver request filed on March 16, 2009, by the State of New York (New York). Pursuant to Section 1.925 of the Commission's Rules, New York seeks waiver of Section 90.629 of the Commission's Rules (Extended Implementation Period), to extend its ``slow growth'' authorizations. Specifically, New York represents that it has made ``substantial progress'' toward completion of a new statewide wireless network for its public safety radio operations, but that completion of the project was prevented by the default of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1095A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1095A1.pdf
  • 337(c) of the Communications Act of 1934, as amended (the Act), Granite seeks waiver of Sections 80.105, 80.106, 80.123, 80.203, 80.213, 80.371, and 80.373, and such other sections of Part 80 of the Commission's rules as may be necessary, to use frequencies that are designated for maritime use under Part 80. In the alternative, Granite requests a waiver under Section 1.925 of the Commission's rules to use the three maritime frequencies. By this Order, we deny Granite's request for relief under Section 337(c) but grant Granite's alternative request in part under Section 1.925, as set forth below and as conditioned herein, to use the requested maritime frequencies for its public safety communications system under Part 90. background Granite's Waiver Request. Granite
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1297A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1297A1.pdf
  • milestone dates must be specific, i.e., it is not acceptable to list milestone dates as ``TBD (to be determined)'' or to specify milestones in terms of future events, e.g., ``on completion of rebanding in Region `X'.'' ORDERING CLAUSE Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008, deadline submitted by the licensees listed in Appendix A of this order are GRANTED, GRANTED IN PART, HELD IN ABEYANCE, OR DISMISSED to the extent discussed herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Acting Bureau Chief Public
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1814A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1814A1.pdf
  • public safety communications purposes, frequencies in the television (TV) Channel 18 Band (494-500 MHz). Specifically, Franklin seeks to license seven simulcast, repeater stations, arranged throughout the county. The County requests twenty-two repeater frequency pairs and six simplex, mobile-only frequencies for fire-ground and tactical operations. In the alternative to Section 337(c) of the Act, Franklin requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. TV Channel 18 is allocated to the private land mobile radio service (PLMRS) in the Washington, DC/MD/VA urbanized area, and base stations can be authorized within 80 km of the geographic center of the cities listed in the rules. The County states that ``Franklin County is beyond 80 km from any city
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1815A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1815A1.pdf
  • (``Lancaster'' or ``the County''). Lancaster seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934 (the Act), as amended, 47 U.S.C. � 337(c), to use, for public safety communications purposes, a land mobile public safety communications system sharing spectrum with television (TV) Channel 15 (476-482 MHz band). In the alternative, Lancaster requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Lancaster states that ``[a]lthough eastern Lancaster County is within 80 km of Philadelphia, the majority of the county is more than 80 km from any city authorized by rule to utilize television (``T-Band'') channels.'' Lancaster notes that ``channel 15 is already allocated for land mobile use in the New York City area,''
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1819A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1819A1.pdf
  • MHz Band, WT Docket No. 06-150, PS Docket No. 06-229, Second Report and Order, 22 FCC Rcd 15289, 15453-58 �� 469-484 (2007) (700 MHz Second Report and Order); 47 C.F.R. �� 27.1330, 90.1430. See 47 C.F.R. � 90.1430; 700 MHz Third Further Notice at 14395-99 �� 294-304. See 700 MHz Second Report and Order at 15408-15 �� 327-344. 47 C.F.R. �1.925(b);WAIT Radio v. FCC, 413 F.2d 1153, 1157 (D.C. Cir. 1969) (WAIT Radio), aff'd, 459 F.2d 1203 (D.C. Cir. 1972); Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., 700 MHz Second Further Notice at 8052 � 6. 700 MHz Third Further Notice at 14319 � 51. Id. at 14321 � 54. ; The PSST
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  • a request for waiver of Sections 90.303, 90.305, 90.307, 90.309, and 90.311 of the Commission's rules to use, for public safety communications purposes, twelve frequency pairs from the UHF Television (TV) Channel 15 band (476-482 MHz). Ocean County seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act) or, in the alternative, Section 1.925 of the Commission's rules. As further detailed below, we find that Ocean County has failed to meet the criteria for a waiver under Section 337 of the Act. However, Ocean County has met the requisite showing meriting a waiver pursuant to Section 1.925 of the Commission's rules. Accordingly, we grant Ocean County's request for waiver to modify its existing licenses
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of BALDWIN FIRE DISTRICT, NEW YORK Request For Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules, to Operate a Public Safety Communications System Using Television Channel 19 and Part 22 Trunked Mobile Frequencies ) ) ) ) ) ) ) ) ) ) File No. 0003023736 Order Adopted: September 14, 2009 Released: September 14, 2009 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The Baldwin Fire District, New
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  • antennas will cause system degradation that may necessitate a second simulcast site to attain the same system coverage.'' By contrast, Burleson states that the wider spacing enabled by use of the Business category channels in lieu of 482/485.5875 MHz ``reduces the system losses due to close spacing, significantly eliminates intermodulation products, and results in a cleaner operating system.'' DISCUSSION Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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  • Waiver Request for authority ``to operate a new public safety paging facility on [frequency] 476.2875 MHz'' allocated for Part 22 point-to-multipoint service. Morris County seeks waiver of Sections 20.9(a)(6), 22.621, 90.307 and 90.309 of the Commission's rules to use this frequency pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, Section 1.925 of the Communication's rules. By this Order, we grant the Waiver Request as discussed herein. BACKGROUND Morris County is located in northern New Jersey, on the western edge of the New York City metropolitan area. The County states that it is ``densely populated'' and, because of its growth, faces an ``ever-increasing demand on public services.'' The County further states that
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  • 80.373, and such other sections of Part 80 of the Commission's rules, as may be necessary, to use frequencies that are designated for maritime use under Part 80 for its public safety PLMR communications system under Part 90. Silverbow seeks relief under Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, under Section 1.925 of the Commission's rules. As part of the first application, Silverbow also seeks waiver under Section 1.925 of certain Part 90 power and antenna height limits for use of the four Part 90 VPC frequencies. By this Order, we deny Silverbow's requests for relief under Section 337(c) but grant the majority of Silverbow's alternative requests in part under Section 1.925,
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  • 22.623(b) and 22.651 of the Commission's rules to operate a new public safety communications system using frequencies 476.0625 and 473.1250 MHz in the television (TV) Channels 14 and 15 bands (470-512 MHz). The Fire District seeks waiver relief either pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, pursuant to Section 1.925 of the Commission's rules. The Fire District states that it ``is part of a combined water and fire district'' which ``comprises one square mile in Nassau County, New York.'' The Fire District asserts that ``the paid staff of the Water District supplies water to both commercial and residential locations in the District'' and ``maintains the infrastructure necessary to provide water
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  • least 2 mV/m.'' Thus, according to the County, a waiver ``would allow the County to install three transmitters at sites that are readily accessible and that provide a reliable system with minimal transmission gaps between sites, without causing interference to commercial AM or TIS stations.'' In connection with this application, the County requests waiver of Section 90.242(b)(4)(iv) pursuant to Section 1.925 of the Commission's rules. Section 90.242(b)(4)(iv) specifies that the field strength of TIS stations may not exceed 2 mV/m when measured with a standard field strength meter at a distance of 1.50 kilometers (0.93 miles) from the transmitting antenna system. Because the County's testing indicates that ``the 2 mV/m contour will extend approximately 3 km from each transmitter sites [sic],''
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  • 7, 2010 The Public Safety and Homeland Security Bureau seeks comment on the above-captioned applications and waiver request, as amended, initially filed on January 21, 2009, by the County of Monmouth, New Jersey (Monmouth, or the County). Monmouth seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, Section 1.925 of the Commission's rules, to use, for public safety communications purposes, ten frequency pairs in the television (TV) Channel 19 band (500-506 MHz) for a trunked public safety communications system. Monmouth is currently authorized on eight frequency pairs in the TV Channel 20 band (506-512 MHz) under call sign WQGU308. The County's leadership ``conducted a comprehensive review of current communications
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  • rely on the grant of this waiver to delay meeting its rebanding obligations. conclusion For the reasons stated herein, we grant the Waiver Request with respect to Ohio's 800 MHz public safety channels. Ordering Clauses IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.925, 90.179(a) and 90.523 of the Commission's rules, 47 C.F.R. �� 1.925, 90.179(a), 90.523, the Waiver Request by the State of Ohio and the Ohio Rural Electric Cooperatives, Inc. is GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191 and 0.392. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Beers Chief,
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  • the Waiver Request subject to the requirement that New Haven file a new modification application to delete the wideband emission designator 16K0F3E or 20K0F3E on frequency 155.8800 MHz within one year of release of this Order. ordering clauses Accordingly, IT IS ORDERED pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the waiver request of Section 90.175 of the Commission's rules, 47 C.F.R. � 90.175, associated with File No. 0002937722, filed by the Town of New Haven, Vermont, on March 6, 2007, is GRANTED. IT IS FURTHER ORDERED that, the Town New Haven, Vermont shall file a new modification application to delete
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  • York (``Westchester'' or ``the County''). Westchester seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. � 337(c), to use, for public safety communications purposes, two frequencies interleaved between the allocations in Part 22 and Part 90 of the Commission's rules. In the alternative, Westchester requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Specifically, the County requests frequencies 476.3000 and 479.3000 MHz. The County currently operates on several frequency pairs from the Part 22 spectrum allocation in the 470-512 MHz band under call sign WQBR539. The Wireless Telecommunications Bureau authorized use of Westchester's current channels by waivers granted in 2004 and 2005 pursuant to Section
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  • State of Wisconsin (Wisconsin). Wisconsin seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. � 337(c), to use unassigned Part 22 Paging and Radiotelephone Channel Block FL in a portion of Basic Economic Area (BEA) 109 for public safety communications. In the alternative, Wisconsin requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Section 20.9(a)(6) states that Part 22 Paging and Radiotelephone Services shall be treated as commercial radio services. Because the Commission has not designated Part 22 Channel Block FL for public safety use, Wisconsin requests waiver of Section 20.9(a)(6). In addition, to the extent Wisconsin seeks to use the frequencies ``only for internal,
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  • communications purposes, twelve frequency pairs from the UHF Television (TV) Channel 15 band (476-482 MHz). The applications seek to modify Ocean County's licenses for public safety Stations WIL552 and WPXC650, which are authorized on frequencies in the TV Channel 20 band (506-512 MHz). In the alternative to Section 337(c) of the Act, Ocean County requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Ocean County states that since it placed Stations WIL552 and WPXC650 in service, ``it has received harmful interference from [TV Channel 20] station WTXX-TV in Waterbury, Connecticut.'' The County states that it ``has also experienced more severe interference from [digital TV (DTV) Channel 20] station WCVB-DTV in Boston, Massachusetts.'' The County states,
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  • request filed on June 6, 2007 by the Wayne County Sheriff's Department, Indiana (``the Department''). The Department requests waiver relief to use frequency 173.210 MHz, which has a bandwidth limit of 3 kHz and is not available for analog voice operations. Although the Department does not cite the Commission's waiver criteria, we will consider its waiver request pursuant to Section 1.925(b)(3) of the Commission's rules, 47 C.F.R. � 1.925(b)(3). The Department seeks to use the desired frequency ``with [a wideband] emission designator of 20K0F3E to allow the operation of a vehicular repeater which must interface and be compatible with existing VHF high band fixed and mobile radios which operate with that emission.'' It states that ``[i]f a narrowband emission is used
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  • Security Bureau: introduction The County of Monmouth, New Jersey (Monmouth or the County), filed two applications and a request for waiver to use ten frequency pairs in the television (TV) Channel 19 band (500-506 MHz) for public safety communications. Monmouth seeks a waiver pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or, alternatively, Section 1.925 of the Commission's rules. As further detailed below, we find that Monmouth has failed to meet the criteria for a waiver pursuant to Section 337(c) of the Act. We nonetheless find that Monmouth has satisfied the requisite showing to warrant a waiver pursuant to Section 1.925 of the rules. Accordingly, we grant Monmouth's waiver request subject to the conditions specified
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  • authorized under call sign WQJA236. On June 19, 2008, the Bureau granted Wyoming a waiver authorizing it to use, for public safety purposes, eleven VHF frequency pairs allocated for Part 22 one-way or two-way public land mobile service. Wyoming seeks a waiver for the instant modification pursuant to Section 337(c) of the Act, or in the alternative, Sections 1.3 and 1.925 of the Commission's rules. Station WQJA236 permits operation on eleven Part 22 public mobile service frequency pairs at twelve repeater sites (and associated mobile units) ``spread over Basic Economic Area (BEA) Nos. 143, 144, and 152.'' During the course of construction of Station WQJA236, Wyoming ``determined that it will need a limited number of additional sites to ensure that the
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  • twelve repeater sites (and associated mobile units) in Basic Economic Area (BEA) Nos. 143. 144, and 152). See Auction of Lower and Upper Paging Bands Licenses Rescheduled for June 15, 2010; Status of Short-Form Applications to Participate in Auction 87, AU Docket No. 09-205, Public Notice, 25 FCC Rcd 3522 (WTB 2010). See 47 C.F.R. �� 0.191(f), 0.392, 1.1, and 1.925(c)(i). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of COUNTY OF FRANKLIN, PENNSYLVANIA Request For Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules, to Operate a County-Wide Simulcast Public Safety Radio System Using Frequencies in the Television Channel 18 (494-500 MHz) Band ) ) ) ) ) ) ) ) ) ) File Nos. 0003388020, 0003390336 Order Adopted: June 24, 2010 Released: June 24, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The County
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  • network. Because our decision is based on the specific application before us, however, we will require separate waivers for other utilities seeking to use 800 MHz public safety spectrum in the DTRS network. Ordering Clauses IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.925 and 90.179(a) of the Commission's rules, 47 C.F.R. �� 1.925, 90.179(a), the Waiver Request by the State of Colorado and Holy Cross Electric Association, Inc. IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191 and 0.392. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Beers Chief, Policy Division Public
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  • of Sections 20.9(a)(6), 22.621 and 22.651 of the Commission's Rules ) ) ) ) ) ) File No. 0003734540 ORDER Adopted: June 25, 2010 Released: June 25, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction The City of Summit, New Jersey (Summit) filed an application with an associated Waiver Request for authority pursuant to Section 1.925 of the Commission's rules, to use, for public safety communications purposes, two frequencies designated for different uses under Part 22 of the Commission's rules. Specifically, Summit, which currently is authorized to operate on four Part 22 frequency pairs, 476/479.0375, 476/479.1375, 476/479.1875 and 476/479.2125 MHz, requests authorization to add frequency 476.1625 MHz, which is designated for point-to multipoint use, and 479.1625
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  • operates on several frequency pairs within frequency ranges designated for use in the Part 22 Paging and Radiotelephone Service in the 470-512 MHz band. Although Westchester seeks no new frequencies in this application, Westchester proposes to increase transmitter power and base station antenna heights and adjust certain base station coordinates. In the alternative, Westchester requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. The Wireless Telecommunications Bureau authorized use of Westchester's current channels under call sign WQBR539 by waivers granted in 2004 and 2005 pursuant to Section 337(c) of the Act. Westchester states that the previous waiver requests ``documented the severe frequency congestion in the New York and New Jersey areas.'' According to the instant
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  • 0003970984; 0003970985; 0003977301; 0003993361; 0003993598; 0003996650; 003996837; and 0003996931 Comment Date: July 28, 2010 Reply Comment Date: August 9, 2010 The Public Safety and Homeland Security Bureau seeks comment on sixteen applications and an associated waiver request filed by the West Virginia Department of Health and Human Resources/State Trauma Emergency Care System (``WVDH''). WVDH seeks a waiver, pursuant to Section 1.925 of the Commission's rules, of the eligibility requirements in Section 90.33, and such other Commission rules as may be necessary, to use various Industrial/Business (I/B) Pool frequencies in the UHF band for public safety communications. WVDH currently operates a state-wide microwave network and transmitter sites that provides support for the West Virginia Interoperable Radio Project (``WVIRP''), a state-wide interoperable radio
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  • AU Docket No. 09-205, Public Notice, 25 FCC Rcd 3522 (WTB 2010). See Public Safety and Homeland Security Bureau Extends the Comment Dates on Request for Waiver Filed by the State of Wyoming to Modify Its Public Safety Statewide Communications System, File No. 0003764744, Public Notice, DA 10-1109 (rel. June 22, 2010). See 47 C.F.R. �� 0.191(f), 0.392, 1.1, and 1.925(c)(i). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 x y � � | } ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� E s 8 9 ; < > ? A B D E
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  • of the use period and to take any other steps necessary to ensure that the handsets will not be made available to any person other than Agency personnel and other authorized government users. ordering clauses 6. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Waiver Petition filed by Verizon Wireless IS GRANTED as noted herein. 7. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett. Jr., Rear Admiral (Ret.) Chief, Public Safety and Homeland
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  • Channels 14, 15, and 19 bands at the new transmitter sites. Specifically, the Township proposes to use its frequency assignments in TV Channels 14 and 15 for trunked operations and its frequency assignments in TV Channel 19 for conventional operations. Wayne seeks waiver of Sections 90.305(a), 90.307(d) and 90.313(c) of the Commission's rules, to use these frequencies pursuant to Section 1.925. By this Order, we grant Wayne's Waiver Request as conditioned herein. background Wayne currently operates on nine `T-Band' channels under call signs WPYW893, KZV273, WQEK857, WPSH811, and WIL599, and ``[a]ll of the channels operate in the conventional, non-trunked mode.'' Wayne states that it ``is currently using an antiquated mix of radio equipment and frequencies that [make] interoperability impossible.'' Therefore, the
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  • and Homeland Security Bureau: introduction The County of Westchester, New York (Westchester) filed an application and associated waiver request, to use, for public safety communications purposes, an offset frequency pair consisting of frequencies 476.3000 and 479.3000 MHz. Westchester seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, Section 1.925 of the Commission's rules. For the reasons stated below, we grant the request. background Westchester operates on several frequency pairs from the Part 22 spectrum allocation in the 470-512 MHz band under call signs WQBR539 and WQVH394. The Wireless Telecommunications Bureau's former Public Safety and Critical Infrastructure Division (WTB/PSCID) authorized Westchester's use of certain frequencies by waivers granted in 2004
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  • the band 482-488 MHz (TV Channel 16) is available for use by eligibles in the Public Safety Radio Pool in certain specified counties within the New York City metropolitan area. Because Woodbridge is located in Middlesex County, New Jersey, which is not one of the areas specified by Section 90.303(c), Woodbridge seeks a waiver of this rule, pursuant to Section 1.925. Also, Woodbridge needs a waiver of Section 90.313(c) of the Commission's rules, because the Township's proposed base stations are located less than 64 kilometers from two co-channel, incumbent public safety licensees. By this Order, we grant the Waiver Request on a conditional basis as discussed herein. background The Township states that ``[o]n December 5, 2008 the Commission granted Woodbridge's request
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  • 0003970976; 0003970979; 0003970983; 0003970984; 0003970985; 0003977301; 0003993361; 0003993598; 0003996650; 0003996837; and 0003996931 ORDER Adopted: August 30, 2010 Released: August 30, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction The West Virginia Department of Health and Human Resources/State Trauma Emergency Care System (``WVDH'') filed sixteen applications, each including an identical request for waiver, pursuant to Section 1.925 of the Commission's rules, of Section 90.33 and such other Commission rules as may be necessary, to use various Industrial/Business (I/B) Pool frequencies in the UHF band for public safety communications. For the reasons stated below, we grant WVDH's request. BACKGROUND WVDH currently operates a state-wide microwave network and transmitter sites that provides support for the West Virginia Interoperable Radio
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  • harmful interference.'' Consequently, on our own motion, we waive the signal strength requirement of subsection (iii)(D) in regard to Montana's operations near Idaho because of the agreement reached by Montana with Motorola. In addition to finding that the relevant rule would not be undermined by a grant of the waiver request, our analysis under the first prong of the Section 1.925 waiver standard requires a finding that grant of the waiver would be in the public interest. Based upon the record, we find Montana has demonstrated that grant of a waiver would be in the public interest. In this connection, we agree with Montana that grant of the waiver - conditioned on Montana's commitment to resolve any harmful interference caused to
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  • it cannot obtain waiver relief pursuant to Section 337 of the Act and we need not address its arguments regarding the remaining four criteria. However, Commission precedent makes clear that our finding that Syosset does not warrant waiver relief pursuant to Section 337 of the Act does not foreclose consideration of the its request for waiver relief pursuant to Section 1.925 of the Commission's rules. Rather, the Bureau's ability to undertake a waiver analysis pursuant to that section rests on the Commission's plenary authority under the Act to make rules and regulations necessary to achieve the Commission's over-arching statutory purposes, including ``promoting safety of life and property through the use of radio communication.'' From our review of the record in this
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  • http://www.800ta.org/content/resources/ADR_Plan.pdf. Implementation Plan at 10. The TA notes that, on July 22, 2010, it provided replacement frequencies to seven high-site licensees that must relocate from the ESMR Band to the Interleaved Band. Id. See Third Report and Order, 25 FCC Rcd at 4449 � 19. Applicants may request an exception to the freeze pursuant to the waiver criteria in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Id. at n.65. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet the waiver standard. Id. Id. at 4449 � 19. Id. Id. Id. Id. citing Public Safety and Homeland Security Bureau
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2066A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2066A1.pdf
  • to proceed diligently with each of the conditions imposed by the Waiver Order to ensure timely progress and open collaboration with all stakeholders. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the District of Columbia's waiver request IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's Rules, 47 C.F.R. �� 0.191, 0.392, and the Waiver Order, 25 FCC Rcd 5145, 5155, � 33 (2010). FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2152A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2152A1.pdf
  • governmental processes to be completed. However, we expect that such circumstances should be anticipated in the future, and that deadlines will be met. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver requests by Chesapeake and the Bay Area ARE GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's Rules, 47 C.F.R. �� 0.191, 0.392, and the Waiver Order, 25 FCC Rcd 5145, 5155, � 33 (2010). FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr.,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2167A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2167A1.pdf
  • interest because it will permit NPSPAC licensees to relocate to a band segment where they will be less susceptible to interference from ESMR and other cellular architecture stations, thus furthering the goal of 800 MHz band reconfiguration. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the waiver request filed August 23, 2010 by the 800 MHz Transition Administrator, LLC, IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief, Policy Division Public Safety and Homeland
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2180A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2180A1.pdf
  • Commission's rules, and such other relief as may be necessary, to: Permit temporary extension of the authorized Part 90 frequencies specified on the Thales Equipment Authorization to include 775-776/805-806 MHz. Permit the Thales Liberty Radio to be marketed to, purchased by, and operated by public safety narrowband licensees that are currently authorized to operate in the 775-776/805-806 MHz band. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2337A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2337A1.pdf
  • proposed increase in power with existing users. Finally, NC Highway Patrol states that, if its waiver request is granted, it would be able to operate its microwave system using Automatic Transmitter Power Control (ATPC), which would allow the system to operate at higher power levels only during ``conditions of extreme fade or technical issues requiring B side operation.'' Discussion Section 1.925 of the Commission's rules provides that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2348A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2348A1.pdf
  • Order to ensure timely progress. However, we expect that such circumstances should be anticipated in the future, and that deadlines will be met. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request by Chesapeake IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's Rules, 47 C.F.R. �� 0.191, 0.392, and the Waiver Order, 25 FCC Rcd 5145, 5155, � 33 (2010). FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral (Ret.) Chief,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2431A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2431A1.pdf
  • not limited to, the requirement to file timely extension requests, without good cause shown, may result in further action by the Commission, including consideration of whether the licensee's continued rebanding costs should be deemed not recoverable from Sprint. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008, deadline submitted by the licensees listed in Appendix A of this order are GRANTED, GRANTED IN PART, OR HELD IN ABEYANCE, to the extent discussed herein. FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral (Ret.) Chief,
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  • 16 (482-488 MHZ) BAND File No. 0004182796 Comment Date: April 19, 2010 Reply Comment Date: April 29, 2010 The Public Safety and Homeland Security Bureau seeks comment on the application and waiver request, filed on March 22, 2010, by the Township of Woodbridge, New Jersey (Woodbridge, or the Township), through its Police Department. Woodbridge seeks waiver relief, pursuant to Section 1.925 of the Commissions rules, to use, for public safety communications purposes, ``six frequenc[y] pairs from the 482-488 MHz band'' for a trunked public safety communications system. The Township states that ``[o]n December 5, 2008 the Commission granted Woodbridge's request to be licensed on fifteen frequency pairs in the channel 20 television band (506-512 MHz).'' The Township asserts that the ``frequencies
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  • not limited to, the requirement to file timely extension requests, without good cause shown, may result in further action by the Commission, including consideration of whether the licensee's continued rebanding costs should be deemed not recoverable from Sprint. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008, deadline submitted by the licensees listed in Appendix A of this order are GRANTED, GRANTED IN PART, OR HELD IN ABEYANCE, to the extent discussed herein. FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral (Ret.) Chief,
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  • Id. Id. at 4 n.8. Under the Commission's rules, licensees are afforded a three-month voluntary negotiation period followed by a three-month mandatory negotiation period. See 47 C.F.R. �� 90.677(b), (c). See Appendix D, 47 C.F.R. � 90.677(b), (c), as amended. TA Proposal at Appendix A. Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. See Public Safety and Homeland Security Bureau
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  • SAFETY RADIO SYSTEM File No. 0003734540 Comment Date: February 8, 2010 Reply Comment Date: February 18, 2010 The Public Safety and Homeland Security Bureau seeks comment on the application and waiver request, initially filed on February 10, 2009, and subsequently amended on September 18, 2009, by the City of Summit, New Jersey (``Summit''). Summit seeks waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, to use, for public safety communications purposes, two frequencies designated for different uses under Part 22 of the Commission's rules. Specifically, Summit, which currently is authorized to operate on Part 22 frequencies, 476/479.0375, 476/479.1375, 476/479.1875 and 476/479.2125 MHz, requests authorization to add frequency 476.1625, which is designated for point-to multipoint use, and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-974A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-974A1.pdf
  • 476-482, 500-506 MHZ) File Nos. 0003959144 and 0003959145 Comment Date: June 14, 2010 Reply Comment Date: June 28, 2010 The Public Safety and Homeland Security Bureau seeks comment on the above-captioned applications and waiver request, as amended, filed on September 8, 2009, by the Township of Wayne, New Jersey (Wayne, or the Township). Wayne seeks waiver relief pursuant to Section 1.925 of the Commission's rules ``to implement a new seven-channel, four-site, P25 trunked system, and a two-channel, four-site, conventional system'' by reusing its existing frequency assignments in the TV Channels 14, 15, and 19 bands at the new transmitter sites. Specifically, the Township would use its frequency assignments in TV Channels 14 and 15 for trunked operations and its frequency assignments
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  • 17 FCC Rcd at 2036 � 42. Id. 2034 at � 37. Id. 47 C.F.R. � 90.531(b)(1)(iii). Supplemental Waiver. Waiver Request at 1. Supplemental Waiver Request citing State of Florida, Order, DA 11-964 (PSHSB May 27, 2011) (granting a conditional waiver to exceed the maximum number of interoperability channels that may be trunked). Waiver Request at 1. 47 C.F.R. � 1.925(b)(3)(i)-(ii). In order to facilitate interoperability, we require that the deployable repeater systems authorized by this waiver be ``open,'' i.e., they shall not require a system key. In addition, Mesa must advise all potential authorized users of the repeaters of the frequencies and other parameters of the deployable repeaters. See Petition for Rulemaking of the National Public Safety Telecommunications Council at
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  • frequencies 470.1000 and 473.1000 MHz. Ashland seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Section 22.621 of the Commission's rules and such other of the Commission's rules as may be necessary, to use frequencies not designated for public safety use. In the alternative, Ashland seeks a waiver pursuant to Section 1.925 of the Commission's rules. By this Order, we grant Ashland's Waiver Request pursuant to Section 1.925. BACKGROUND Ashland seeks waiver of the Commission's rules to use non-public safety frequencies 470.1000 MHz and 473.1000 MHz for the construction and operation of a new ``wireless telecommunications system for its public safety radio operations.'' Ashland states that the Police Department ``furnishes traditional police
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  • its existing public safety communications system by adding frequencies 470.1500 and 473.1500 MHz. Bayonne seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 20.9(a)(6), 22.621, and 22.651 of the Commission's rules, to use these frequencies for public safety purposes. In the alternative, the City seeks a waiver pursuant to Section 1.925 of the Commission's rules. By this Order, we grant Bayonne's Waiver Request under Section 1.925. II. BACKGROUND Bayonne is located in the New York City-Northeastern New Jersey metropolitan area. In 2004, the Wireless Telecommunications Bureau's former Public Safety and Critical Infrastructure Division (WTB/PSCID) granted a waiver authorizing Bayonne to operate a public safety radio system under call sign WQBL378 on
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  • radio communications system by adding frequencies 506.0125 and 509.0125 MHz. Cinnaminson seeks waiver pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 20.9(a)(6), 22.621, 22.623(b), and 90.307(d) of the Commission's rules ``to conduct public safety operations'' on frequencies 506.0125 and 509.0125 MHz. In the alternative, the Township seeks a waiver pursuant to Section 1.925 of the Communication's rules. By this Order, we grant Cinnaminson's Waiver Request under Section 1.925. background Cinnaminson currently operates Public Safety Pool Station WIL992 on four frequency pairs in the 470-512 MHz Band, and seeks to modify its license for Station WIL992 by adding Part 22 frequencies 506.0125 and 509.0125 MHz. The Township states that ``[t]he Cinnaminson Township Department of
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  • an associated Waiver Request for authority to use, for public safety purposes, 18 frequencies allocated under Part 22 of the Commission's rules. Specifically, DCS seeks to license 18 frequencies ``to expand overall capacity to accommodate its total communications needs.'' DCS seeks waiver of Sections 20.9(a)(6), 22.377, 22.621, and 22.623(b) of the Commission's rules to use these frequencies pursuant to Section 1.925 of the Communication's rules. By this Order, we grant the Waiver Request as discussed herein. background DCS states that it ``is a county school district responsible for the health and safety of over 425,000 students and a team of over 1,700 professionals.'' In addition, DCS states that it ``has one of the five largest pupil transportation fleets in the United
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  • the Wireless Telecommunications Bureau, consistent with the Commission's overarching goal of ensuring a timely transition to narrowband operations. The Commission has long emphasized its commitment to the January 1, 2013 deadline for migration to narrowband technology. Consequently, requests for waivers of the deadline will be subject to a high level of scrutiny under the waiver standard set forth in Section 1.925 of the Commission's rules, which requires the waiver petitioner to demonstrate either that ``(i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the waiver would be in the public interest; or (ii) [i]n view of unique or unusual factual circumstances of the instant
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  • Bureau's decision. Indeed, Hind's request for de novo review is a one-page, one-sentence document. Thus, even assuming, arguendo, that Hinds did not receive the Hinds Order until ``several days'' after its release, it could have prepared a timely notice of appeal had it exercised ordinary diligence. Instead, it procrastinated and filed the De Novo Review Petition 15 days late. Section 1.925 of the Commission's rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
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  • a prerequisite under the Administrative Procedure Act, but to justify an ad hoc exception to that standard in a particular case. Storer Broadcasting Co., 14 RR 742, 746-7 (1956); VHF Drop-In Proceeding, Memorandum Opinion and Order, 90 FCC 2d 160, 166 (1982), aff'd sub nom. Springfield Television of Utah, Inc. v. F.C.C., 710 (F.2d 620 (10th Cir.1983). 47 C.F.R. � 1.925(b)(3). Reply at 3. Opposition at 16 n.41 (asserting but not explaining how a 35 watt public safety mobile ``would impact Sprint Nextel's co-channel operations well outside the `buffer' area, rendering these same channel (sic) unusable for Sprint Nextel well outside the metro and suburban areas of Detroit''). Reply at 4. See, e.g., Guide to Radio Communications Interoperability Strategies and Product
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of COUNTY OF LANCASTER, PENNSYLVANIA Request For Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules, to Operate a County-Wide Trunked Public Safety Communications System Using Frequencies in the Television Channel 15 (476-482 MHz) Band ) ) ) ) ) ) ) ) ) ) File Nos. 0003458819, 0003458876, 0003458877 Order Adopted: February 9, 2011 Released: February 9, 2011 By the Chief, Public Safety and Homeland Security Bureau: introduction The County of
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  • on disputed issues and will prepare and submit a Recommended Resolution, along with the Mediation Record, to the FCC for de novo review. Additional information about mediation can be found in the TA's Alternative Dispute Resolution Plan. http://www.800ta.org/content/resources/ADR_Plan.pdf. See Fourth R&O, DA 11-315 at n.26. Applicants may request an exception to the freeze pursuant to the waiver criteria in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet the waiver standard. Public Safety and Homeland Security Bureau Provides Guidance for Public Safety Licensees With Regard to License Application and Special Temporary
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  • spectrum allocated for Part 22 point-to-point and trunked mobile operations, Garden City Park seeks waiver pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 20.9(a)(6), 22.621, 22.623, and 22.651 of the Commission's rules, to use these frequencies for public safety purposes. In the alternative, the Fire District seeks a waiver pursuant to Section 1.925 of the Commission's rules. By this Order, we grant the Waiver Request as discussed herein. BACKGROUND The Fire District is part of a combined water and fire district that covers a one square mile area in Nassau County, New York. As the parent agency of the all-volunteer Garden City Park Fire Department, the Fire District is responsible for insuring that
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  • twelve frequencies designated for land mobile use under Part 22 of the Commission's rules for public safety purposes. Marin seeks waiver of Sections 20.9(a)(6) and 22.621 of the Commission's rules (and such other rule sections that may be necessary) pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, pursuant to Section 1.925 of the Commission's rules. By this Order, we deny Marin's request for relief under Section 337(c) but grant it under Section 1.925, as conditioned herein. background Marin's Waiver Request. Marin County asserts that its proposed facilities on the requested frequencies ``will be part of an existing integrated Public Safety Law Enforcement and Fire Service communications system in the 470-512 MHz
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  • or operate radios pursuant to this waiver are not eligible for reimbursement of the purchase price, reprogramming costs, or any other costs associated with modifying the equipment when a licensee migrates from the Guard Band. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the waiver request filed by Thales Communications, Inc. on September 20, 2010, IS GRANTED to the extent discussed herein SUBJECT TO THE FOLLOWING CONDITIONS: 1. Equipment produced and marketed pursuant to this waiver shall be field-programmable, such that channels in the frequency range 775-776/805-806 MHz are removed from the radio at the
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  • Jersey. See File No. 0004512973 (Nov. 30, 2010). The application was dismissed on February 4, 2011. See Dismissal Notice 5105831 (dated Feb. 4, 2011). See City of Summit, New Jersey, Order, 20 FCC Rcd 16181 (WTB PSCID 2005) (2005 Order). See City of Summit, New Jersey, Order, 25 FCC Rcd 8189 (PSHSB Policy 2010) (2010 Order). See 47 C.F.R. � 1.925. See 47 C.F.R. � 90.155(a). The license for Station WQDR764 was issued October 17, 2005, so the first construction deadline was October 17, 2006. See File No. 0002588217 (May 1, 2006) (Request to be Converted to Slow Growth). See 47 C.F.R. � 90.629 (extended implementation period). Summit's license expressly stated that ``[f]ailure to certify annually as to station construction commitments
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  • burden for small business concerns with fewer than 25 employees,'' pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, THIS ORDER in PS Docket No. 06-229 is ADOPTED. IT IS FURTHER ORDERED that the Waiver Request filed by the State of Texas is GRANTED WITH CONDITIONS, as specified herein. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392.
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  • Committee (NCC) was a Federal Advisory Committee chartered to provide the Commission with recommendations on the optimum use of the 700 MHz public safety spectrum that became available as a consequence of the digital television transition. Fourth Report and Order, 17 FCC Rcd at 2036 � 42. Id. 2034 at � 37. Id. 47 C.F.R. � 90.531(b)(1)(iii). 47 C.F.R. � 1.925(b)(3)(i)-(ii). In order to facilitate interoperability, we require that the deployable repeater systems authorized by this waiver be ``open,'' i.e., they shall not require a system key. In addition, Florida must advise all potential authorized users of the repeaters of the frequencies and other parameters of the deployable repeaters. See Petition for Rulemaking of the National Public Safety Telecommunications Council at
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-271A1.pdf
  • Reference Information Center, Consumer Information Bureau, SHALL SEND a copy of this Report and Order, WT Docket No. 99-366, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. 32. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, ACR's request for waiver of Section 80.1061 of the Commission's Rules, 47 C.F.R. �� 80.1061, filed on January 10, 2001, and McMurdo's request for waiver of Section 80.1061 of the Commission's Rules, 47 C.F.R. �� 80.1061, filed on August 23, 2002, to permit type certification of ACR's personal EPIRB, FCC Identification Number
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  • 1934, as amended, 47 U.S.C. �� 1, 154(i), 302, and 303(f) and (r), NOTICE IS HEREBY GIVEN of the proposed regulatory changes described in this Notice of Proposed Rulemaking and that COMMENT IS SOUGHT on these proposals. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Blanket Waiver, filed May 29, 2002, by the Fixed Wireless Communications Coalition and the National Spectrum Managers Association, IS HEREBY DENIED. IT IS FURTHER ORDERED that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Notice of Proposed Rulemaking, including the Initial
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  • credit thresholds). See United States v. Virginia, 518 U.S. 515 (1996); Adarand Constructors v. Pena, 515 U.S. 200 (1995). See Freeze Public Notice at 18,277; see also supra section II., para. 9. See Freeze Public Notice at 18,278 (citing 800 MHz R&O). See Freeze Public Notice at 18,278 n.7. See Freeze Public Notice at 18,278 n.7 (citing 47 C.F.R. � 1.925). See Informal Opposition of Verizon Wireless, File No. 00001845839, et al. (Verizon Informal Opposition) (filed Sept. 14, 2004) (We note that Verizon filed its opposition prior to the Commission issuing the Freeze Public Notice. Verizon is opposed to the Commission granting the now pending applications for 900 MHz private mobile radio service (PMRS) submitted by ACI 900, Inc., a subsidiary
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  • we extend the date by which Appalachian must achieve 95% penetration to December 31, 2006. We further impose the conditions and reporting requirements described above to ensure that Appalachian achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by East Kentucky Network, LLC d/b/a Appalachian Wireless IS GRANTED, subject to the conditions and reporting requirements specified herein. The
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  • Dobson has failed to satisfy the Commission's waiver standards. For these reasons, we deny Dobson's request to waive the handset penetration deadline. In light of the particular circumstances faced by Dobson, however, we will not pursue enforcement action with respect to Dobson's failure to timely comply with Section 20.18(g)(1)(v). ordering clauses Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Dobson Cellular Systems, Inc. Request for Limited Waiver of December 31, 2005 E911 Deadline IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See Dobson Cellular Systems, Inc. Request for Limited Waiver of December 31, 2005 E911 Deadline, CC
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-183A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-183A1.pdf
  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3 and 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Request for Limited Waiver by Sprint Nextel Corporation, filed Sept. 29, 2005, IS DENIED. IT IS FURTHER ORDERED that Sprint Nextel is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED that the matter of the
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  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 1.3 and 1.925 of the Commission's rules, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Petition for Limited Waiver by Nextel Partners, Inc., filed Oct. 21, 2005, IS DENIED. IT IS FURTHER ORDERED that Nextel Partners is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED that the matter of the non-compliance of Nextel Partners with Section
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  • individual requests for waiver. Instead, the Commission will continue to apply its well-established waiver criteria, and the standard enunciated under the ENHANCE 911 Act, on a case-by-case basis, in evaluating requests for waiver of the December 31, 2005 handset penetration requirement contained in Section 20.18(g)(1)(v) of the Commission's Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Joint Petition for Suspension or Waiver of the Location-Capable Handset Penetration Deadline filed by CTIA - The Wireless Association and the Rural Cellular Association IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX Comments ACS Wireless, Inc. (ACS)
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  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Limited Waiver by Verizon IS DENIED. IT IS FURTHER ORDERED, that Verizon is subject to the reporting requirements specified herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See Request for Limited Waiver by Verizon Wireless, CC Docket
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  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Petition for Limited Waiver and Brief Extension of Leap Wireless International, Inc. IS DENIED. IT IS FURTHER ORDERED, that Leap is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED, that the Qwest Wireless, LLC Request for
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  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Alltel Corporation Petition for Limited Waiver IS DENIED. IT IS FURTHER ORDERED, that Alltel is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED that the matter of Alltel's non-compliance with Section 20.18(g)(1)(v) SHALL BE REFERRED to
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  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Request of Centennial Communications Corp. for Limited Waiver/Extension of Location-Capable Handset Penetration Deadline IS DENIED. IT IS FURTHER ORDERED that Centennial is subject to the reporting requirements specified herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Request of Centennial
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  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for a Limited Waiver of United States Cellular Corporation IS DENIED. IT IS FURTHER ORDERED, that USCC is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED, that the matter of USCC's non-compliance with Section 20.18(g)(1)(v)
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  • the affected areas and shelters around the country. See Written Statement of Kevin J. Martin, Chairman, Federal Communications Commission at Hearing on Public Safety Communications from 9/11 to Katrina: Critical Public Policy Lessons, Before the Subcommittee on Telecommunications and the Internet, Committee on Energy and Commerce, U.S. House of Representatives (September 29, 2005). See, e.g., 47 C.F.R. �� 1.3, 1.915(b), 1.925, 1.931(b)(5). See, e.g., 47 C.F.R. � 90.407 (providing a self-actuating mechanism whereby private land mobile and public safety licensees may utilize their radio stations for emergency communications in a manner other than that specified in the station authorization or in the rules and regulations governing the operation of such stations, during a period of emergency in which the normal communication
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  • that the Commnet Carriers have not presented an adequate basis for reconsidering the Commission's denial of their requested waivers of the E911 requirements in the Tier III Carriers Order. Our denial of the Joint Petition is without prejudice to the filing of a new, more limited and focused request for relief, consistent with the waiver standards set out in Section 1.925 of the Commission's rules, and the Commission's E911 Phase II waiver standards, including a demonstration of a clear path to full compliance. ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and Sections 1.3, 1.106, and 1.925 of the Commission's rules, 47 C.F.R.
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  • spectrum. � 90.1432 Conditions for waiver to allow limited and temporary wideband operations in the 700 MHz Public Safety spectrum. (a) Wideband operations in the 700 MHz Public Safety spectrum. Wideband operations are prohibited in the public safety allocation of the 700 MHz band public safety spectrum except where the Commission has granted a waiver pursuant to �� 1.3 and 1.925 of this chapter and subject to the additional conditions and requirements specified below. Grants of waiver are restricted to the deployment of a wideband system in the consolidated narrowband portion or the internal public safety guard band portion of the public safety broadband spectrum. Where spectrum in the narrowband segment or internal guard band segment is unavailable for wideband operations,
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  • and reporting requirements set forth herein. IT IS FURTHER ORDERED that the 800 MHz Transition Administrator, on January 15, 2008, shall submit a report on the progress of band reconfiguration to the extent described herein. IT IS FURTHER ORDERED pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 of the Commission's Rules, 47 C.F.R. � 1.925 that the Requests for Waiver submitted by the Cities of Bethlehem and Reading, Pennsylvania, and Covington, Georgia, and the Counties of Rockdale, Newton, Walton, and Spalding, Georgia, in the above-captioned proceeding ARE GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary STATEMENT OF CHAIRMAN KEVIN J. MARTIN Re:
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  • we provide Virginia limited waiver relief of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, we will determine the duration of such relief, and whether Virginia is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the Petition and associated public record. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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  • to use only frequencies in the 773-775 and 803-805 MHz bands to supplement its public safety communications system in Downstate New York before February 17, 2009, the established date for completion of the DTV transition. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the Request for Waiver of Section 90.545 Regarding 700 MHz Public Safety System Interference Protection for Co-Channel and Adjacent Channel Television Stations, filed by the State of New York on October 24, 2005, as amended, IS GRANTED AS CONDITIONED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX Table of TV Stations
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  • to a limited extension of the deadline by which it was required to achieve 95% penetration among its subscribers of location-capable handsets. Accordingly, we grant, nunc pro tunc, Illinois Valley's request for additional waiver and extend the date by which Illinois Valley must achieve 95% penetration to December 12, 2006. ordering clauses IT IS ORDERED, pursuant to sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that Illinois Valley's Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules IS GRANTED, nunc pro tunc. The deadline for compliance with section 20.18(g)(1)(v) of the Commission's rules is December 12,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-99A1.pdf
  • busy channel. Dynamic Frequency Selection will allow transmitters to assess if channels are in use by others, and to change frequency and bandwidth. Transmission Power Control based on [equivalent isotropically radiated power] will allowtransmitters to change power. Id. 87See BRN Petition at 1-2. 88See, e.g.,WCA Opposition at 12-16; Motorola Opposition at 3-6. 89SeeBRN Phoenix Petition at 11. 90Cf.47 C.F.R. � 1.925(b)(3). 913650 MHz Order, 20 FCC Rcd at 6519, � 47. Federal CommunicationsCommission FCC 07-99 17 operators. To this end, the Commission adopted a peak power density of 25 Watts per 25 MHz of bandwidth and no greater than 1 watt per 1 MHz of bandwidth for fixed operationsand imposed a limit of 1 Watt per 25 MHz of bandwidth for
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  • by which Washington RSA 8 must achieve 95% penetration to August 8, 2007. We further impose the conditions and reporting requirements described herein to ensure that Washington RSA 8 achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by Washington RSA No. 8 Limited Partnership IS GRANTED IN PART, subject to the conditions and reporting requirements specified herein.
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  • Licenses in Waves 1 and 2 must file requests for waiver no later than March 17, 2008, while Wave 3 licensees and non-border Wave 4 licensees must file their requests no later than April 15, 2008. Licensees may file waiver requests after these deadlines if they are based on subsequent developments. Filing Procedures mailbox or pursuant to 47 CFR � 1.925. Licensees should provide copies of requests to both Sprint and the 800 MHz Transition Administrator (TA). Requests will be posted on the Bureau website and in the licensee's Universal Licensing System (ULS) file. For ULS posting purposes, we recommend that licensees with multiple call-signs designate a lead call-sign in the request. Coordinated Requests We encourage licensees that are part of
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  • Opposition of Spectrum Acquisitions, Inc., filed July 25, 2008 (SAI Opposition). Id. at 14-16. Id. at 18-19. Id. at 4-5 (citing SAI comments filed June 23, 2008 in WT Docket No. 06-150). 800 MHz 3rd MO&O, 22 FCC Rcd at 17217 � 28. Id. Sprint Petition at 1-2. Id. at 3. Id. at 5. Id. at 3. 47 C.F.R. � 1.925(b)(3)(ii). See WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). Sprint Petition at 2. See also Federal Communications Commission Provides Guidance for Submission of Requests for Waiver of June 26, 2008 Deadline for Completion of 800 MHz Rebanding, Public Notice, 23 FCC Rcd 664 (2008). Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Order, 23
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  • OMB, the general public, and other Federal agencies are invited to comment on the new or modified information collection requirements contained in this proceeding. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to sections 1, 4(i), 301, 303, 332 and 337of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332 and 337, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, THIS ORDER in PS Docket No. 06-229 is ADOPTED. IT IS FURTHER ORDERED that the Waiver Requests filed by those parties listed in Appendix B, are GRANTED WITH CONDITIONS, as specified herein. IT IS FURTHER ORDERED that the Waiver Request filed by New EA d/b/a Flow Mobile, is DENIED, as specified herein.
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  • to the instant case, and . . . a grant of the requested waiver would be in the public interest; or, 9 (ii) In view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. 47 C.F.R. � 1.925(b)(3). The FCC may grant a waiver of the automatic cancellation of a license due to a missed payment deadline if the deadline was missed due to "inadvertence or administrative error." Winstar Broad. Corp., 17 F.C.C.R. 6126, 6128 (Mar. 25, 2002); see Delta Radio, Inc. v. FCC, 387 F.3d 897, 901 (D.C. Cir. 2004) ("The FCC's policy is to grant waivers
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  • it will encourage more efficient use of the spectrum and provide improved opportunities for interoperable communications by the public safety and public service community, without the possibility of a net loss of public safety spectrum. V. Ordering Clauses IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.179 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.179, the Waiver Request filed by AEP on December 3, 1998, IS GRANTED IN PART and DENIED IN PART, as set forth above. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 CFR �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R.
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  • its own omissions, and because we have established no policy guaranteeing the automatic reinstatement of 218-219 MHz Service licenses, we conclude that Self Communications is apparently liable for a forfeiture in the amount of one thousand five hundred ($1500). ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request of Self Communications, Inc., filed May 24, 1999, is GRANTED to the extent stated herein, the five-year progress report filed as Exhibit B to application FCC File No. D126953 IS ACCEPTED, and the license for Call Sign KIVD0006 IS REINSTATED. IT IS FURTHER ORDERED, pursuant to Section 503(b) of
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  • appropriate applications to accomplish the necessary divestitures by this date, whether to the contemplated carrier, to another carrier, or to a divestiture trust that complies with the Commission's rules. Accordingly, IT IS ORDERED that pursuant to sections 1, 2, and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 152, and 154(i), and sections 0.331, 1.3, 1.925(a), and 20.6(a) of the Commission's rules, 47 U.S.C. �� 0.331, 1.3, 1.925(a), 20.6(a), the Request for Extension of Waiver filed by VoiceStream Wireless Corporation and Omnipoint Corporation is GRANTED as indicated herein. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 20.6. Pursuant to Section 20.6(e)(1), divestiture of interests exceeding the spectrum
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  • for and was granted an authorization to use the channel formerly associated with that station. Thus, it appears that co-channel interference would occur if BFI's license for KRJ257 were reinstated as requested. 8. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, that the petition for reconsideration filed by Browning Ferris, Industries, Inc., on December 4, 1998, and resubmitted on September 14, 1999, IS DENIED. 9. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Section 1.949 of
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  • Technical Analysis Branch (the successor to the Land Mobile Branch) from processing Arizona's modification application, and we therefore direct the Licensing and Technical Analysis Branch to process the modification application with the ERP of the original authorization. Accordingly, pursuant to sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the Request for Waiver filed by Dale Eaton and Henry Zappia d/b/a Arizona Two-Way Communications on April 30, 1996 IS DENIED, and that the modification application filed by Dale Eaton and Henry Zappia d/b/a Arizona Two-Way Communications on April 30, 1996 BE PROCESSED. This action is taken pursuant
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  • Commission's refusal to grant relief to entities such as Pasquet in the 218-219 MHz Flex Order and Pasquet's failure to satisfy the waiver standard, we deny Pasquet's request for a waiver. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925(b)(3)(ii) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3)(ii), the rule waiver request that was filed by Bernard Pasquet on December 31, 1996, IS DENIED. 8. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division
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  • even if it had a budget for subscribing to a commercial carrier's radio communication service, such subscription would not be an efficient use of the taxpayer's money as the going rate for two-way radio service in the Fresno metropolitan area is in excess of $30 per mobile unit per month. 11. We disagree. First, we remind Fresno that, under Section 1.925(b)(3)(ii) of the Commission's Rules, a showing of unique or unusual circumstances is a prerequisite to obtaining a waiver based on a lack of reasonable alternatives. Fresno has not claimed or demonstrated any such circumstances, and, as we have held before, ``[w]e do not believe that an inadvertent failure to renew a license in a timely manner is so unique or
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  • also ``would significantly minimize the burden on the Commission's database administration and record keeping staff'' while still affording the Commission and the public timely notice of the reorganizations undertaken. Therefore, we grant the Petition. 4. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), and sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.925, the Petition for Waiver filed on May 9, 2000, by SBC Communications Inc. and BellSouth Corporation IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION William Kunze Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. �� 1.948(c)(1)(iii) and (d). See Letter from Patrick Grant, Esq. and Philip Horton, Esq. of Arnold &
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  • allocated for private radio use (2130-2150 MHz and 2180-2200 MHz). We therefore deny SWPSC's request that we waive Section 101.101 of the Rules. Because denial of SWPSC's waiver request renders its applications defective, we dismiss SWPSC's applications without prejudice. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Temporary Waiver of Section 101.101 of the Commission's Rules of Southwestern Public Service Company, filed on May 17, 1999, IS DENIED. IT IS FURTHER ORDERED that that pursuant to Sections 4(i) and 303 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 303, and Sections 1.925 and 1.934
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  • had operated its telemetry system on frequency 155.760 MHz for over sixteen years and depended on continued use of this system to ensure the continual operation of its growing sanitary sewer and community well systems. Suffolk also reiterated its claim that it had never experienced an impact to or from other operations in its utilization of this frequency. Discussion. Section 1.925(b)(3) of the Commission's Rules provides that the Commission may grant a waiver of a rule upon a showing that (i) the underlying purpose of the rule would not be served by application in the instant case and that a grant would be in the public interest; or (ii) in view of the unique or unusual factual circumstances of the instant
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  • to provide service in its license area to at least one-third of the population within five years of originally being licensed, and two-thirds within ten years. Accordingly, when American Wireless was assigned Bay Springs's license, American Wireless assumed responsibility for meeting those same ``build-out'' requirements by the June 23, 2000 deadline for PCS B Block licenses. Pursuant to Commission rule 1.925, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) in view of the unique or unusual factual circumstances of the instant case, application of
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  • C.F.R. � 0.331, the cellular or PCS licenses that are put into the divestiture trust will automatically cancel if not divested to a third party within 180 days of transfer or assignment to the trust. IT IS FURTHER ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.925, the Petition for Waiver of CMRS Spectrum Cap Rule, codified in section 20.6 of the Commission's rules, filed on April 6, 2000, by Bell Atlantic Corporation, GTE Corporation, and Vodafone AirTouch Plc, IS GRANTED for a period not to exceed 90 days with respect to PCS-cellular overlaps in the Chicago,
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  • requirements under Section 24.709 of the Commission's rules to allow it to participate in the PCS C and F block auction scheduled to begin on July 26, 2000. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. SBC requests a waiver under Section 1.925 of the Commission's rules to allow companies other than such entities to participate in the upcoming C and F block auction. SBC argues that granting its waiver request and allowing it to participate in the upcoming C and F block auction would serve the public interest by speeding the delivery of wireless services to the public and enhancing competition in
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  • are consistent with the Commission's Rules and in furtherance of the public interest are available to PMJV. IV. CONCLUSION Based on the record in this proceeding, we find that PMJV has failed to demonstrate that grant of a waiver of Section 101.701(c) of the Commission's Rules is warranted. PMJV's waiver request did not include a sufficient showing pursuant to Section 1.925(b)(3) of the Commission's Rules. Therefore, we deny PMJV's request for a waiver of Section 101.701(c). V. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Waiver Request filed by Pacific Microwave Joint Venture on
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  • Released: July 7, 2000 By the Deputy Chief, Wireless Telecommunications Bureau: iNTRODUCTION We have before us a request from the Hauppauge Fire District (Hauppauge) for reconsideration of the decision of the Wireless Telecommunications Bureau (Bureau) denying its request for a waiver of the Commission's Rules, pursuant to Section 337 of the Communications Act of 1934 (Act), as amended, and Section 1.925 of the Commission's Rules. Upon consideration of the arguments and the record presented by Hauppauge, we deny the Petition. background Hauppauge is a public agency which provides fire fighting services to an eight square-mile district within Suffolk County, on Long Island, New York. It is the licensee of Station KEC785, and currently operates a 46 MHz band fire radio system,
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  • waiver is appropriate. Finally, the requested waiver is not of great magnitude, in that Wilderness seeks to use equipment with only a slightly lower payload capacity than the rules require. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 101.141(a)(3) of the Commission's Rules, 47 C.F.R. �� 1.925, 101.141(a)(3), Wilderness Valley Telephone Company's Request for Waiver filed on May 12, 1999 IS GRANTED, and the associated applications, FCC File Nos. 9901714 and 9901715, WILL BE REFERRED to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch for further processing consistent with this Order. 8. This
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  • operations may incur interference and TCC would be subject to accept such interference. However, because frequencies in the 30 MHz band are sparsely used, we do not expect this to be a problem. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Sections 1.925 and 90.35(e)(2) of the Commission's Rules, 47 C.F.R. �� 1.925, 90.35(e)(2), TCC's waiver request filed on February 25, 1997 is GRANTED with respect to Call Signs WNCX690, WNDK510, WNEC778, WNRC879, WNRZ356 and WPIH848, and its developmental licenses will be MODIFIED as set forth herein. 10. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
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  • in their licensed areas within ten years of their initial license grant. The five-and ten-year benchmarks applicable to WPOI208 are June 23, 2000 and June 23, 2005, respectively. Even though GTE now holds the authorizations for both the BTA and the MTA, there remain separate build-out benchmarks for each of the two licenses. III. Discussion 3. Pursuant to Commission Rule 1.925, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where petitioner establishes unique or unusual factual circumstances, application of the rule would be inequitable,
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  • July 11, 2000 Before the Deputy Chief, Wireless Telecommunications Bureau: INTRODUCTION We have before us a request from the County of Sacramento, California (Sacramento) for reconsideration of our denial of its request for a waiver of the Commission's Rules and dismissing its associated license application pursuant to Section 337 of the Communications Act of 1934 (Act), as amended, and Section 1.925 of the Commission's Rules. Upon reconsideration of the arguments and the record presented, we now find that Sacramento has properly invoked the provisions of Section 337(c) of the Act and that it meets the statutory criteria for granting a waiver of the Commission's Rules. Specifically, we find that: (a) no spectrum other than the unassigned Part 90 frequency at issue
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  • filed November 10, 1999; Closed Broadcast Auction - 224 Qualified Bidders, Public Notice, DA 99-1912 at Attachment C (rel. September 17, 1999) (``Qualified Bidders Public Notice''); Closed Broadcast Auction - Revised Attachments Listing Qualified Bidder Status, Public Notice, DA 99-1949 at Attachment C (rel. September 22, 1999). See NSB Declaration at � 6. PVBI Petition at 5. Id. 47 C.F.R. �1.925. Letter from Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Richard Haeder, DA 99-1854 (rel. September 14, 1999) (``Haeder''). PVBI cites Haeder for the proposition that an applicant's failure to meet pre-auction deadlines is not a special circumstance warranting a waiver. PVBI Petition at 4. PVBI misconstrues this decision. The Division held that applicants are responsible
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  • license. The Bureau is releasing a Public Notice seeking comments on FreePage's Petition insofar as it requests rule amendments. For the reasons discussed below, this order denies FreePage's waiver, experimental license, and developmental license requests. 6. Waiver Request. FreePage seeks a waiver of Section 22.323 of the Commission's rules so that it can begin providing LPDS in several cities. Section 1.925, ``Waivers,'' sets forth the Commission's standards for granting waivers. It provides that waivers may be granted if the petitioner has shown: (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view
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  • Inc., Memorandum Opinion and Order, 52 FCC 2d 1009 (1975)) (Houston Mobilfone). 47 C.F.R. � 1.106. ADF Petition at 6. Frequency Coordination in the Private Land Mobile Radio Services, Report and Order, PR Docket No. 83-737, 103 FCC 2d 1093, 1101, para. 18 (1986). Id. at 1102, para. 21. 1999 MO&O at 7. ADF Petition at 7-9. 47 C.F.R. � 1.925(b)(3)(i). 1999 MO&O at 7. Id. 1999 MO&O at 8 (citing Amendment of Parts 1 and 90 of the Commission's Rules Concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Report and Order, 6 FCC Rcd 7297, 7301 at para. 20 (1991)). Id. at 8. Id. Id. Id. Id. at 11-12 (citing Amendment of Parts 0, 1, 13,
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  • 1, 1999) (Richter Letter). See 47 U.S.C. � 337; see also Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251 (1997), � 3004 (Balanced Budget Act). 47 C.F.R. Parts 22, 90. See Letter from Fred Sanchez, Chief of Police, City of Pomona, to FCC (dated Feb. 9, 1999). 47 C.F.R. � 90.151 (1998) (currently 47 C.F.R. � 1.925). Because this Order grants the Waiver Request pursuant to Section 337, we will not address its arguments for a waiver pursuant to former Section 90.151. See 47 C.F.R. Part 22. Part 22 governs the use of spectrum for certain common carrier Public Mobile Radio Service licensees. Application Return Notice for the Private Land Mobile Radio Services (June 18, 1999). Id.
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  • that Kenwood has not demonstrated that a blanket rule waiver permitting amateur service licensees to utilize the 144 MHz band to operate a Sky Command system is warranted under the circumstances presented. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for declaratory ruling or waiver filed by Kenwood Communications Corp. on November 4, 1999, IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless
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  • the LMS license in BEA 107C. Metro-Trak's amount on deposit for upfront and down payments will be applied to this initial default payment (BEA 164C). If additional payment is required after BEA 164C is re-auctioned, a second order will be issued to assess the amount due. IV. Ordering Clauses 15. Accordingly, IT IS ORDERED that, pursuant to sections 0.331 and 1.925(b)(3) of the Commission's rules, 47 C.F.R. �� 0.331, 1.925(b)(3), Metro-Trak L.L.C.'s Letter, dated June 30, 1999, requesting a waiver of Section 1.2109(a) of the Commission's rules, 47 C.F.R. � 1.2109(a), IS DENIED. 16. IT IS FURTHER ORDERED that, pursuant to sections 0.331 and 1.2104(g) of the Commission's rules, 47 C.F.R. �� 0.331, 1.2104(g), Metro-Trak L.L.C. is assessed an initial default
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  • satisfactory coverage difficult and costly. TeleCorp also submits that a waiver of the five year construction requirements would encourage service to rural areas. We seek comment on whether granting TeleCorp's waiver request would further the public interest. Commenters should address the sufficiency of the showing made in support of the waiver in light of the requirements of 47 C.F.R. � 1.925 and any other public interest considerations. Interested parties may file comments on or before September 4, 2000. Parties interested in submitting reply comments must do so on or before September 19, 2000. All comments should reference TeleCorp's request for waiver and include the DA number of this Public Notice DA 00-1748. Comments should be filed with the Office of the
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  • it covers 31.2 percent of its market and, given the low population density, it should be deemed to have met the threshold. We seek comment on whether granting WV PCS's waiver request would further the public interest. Commenters should address the sufficiency of the showing made in support of the waiver in light of the requirements of 47 C.F.R. � 1.925 and any other public interest considerations. Interested parties may file comments on or before September 4, 2000. Parties interested in submitting reply comments must do so on or before September 19, 2000. All comments should reference WV PCS's request for waiver and include the DA number of this Public Notice DA 00-1749. Comments should be filed with the Office of
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  • total partitioned area. In addition, TeleCorp also submits that a waiver of the five year construction requirements would encourage service to rural areas. We seek comment on whether granting TeleCorp's waiver request would further the public interest. Commenters should address the sufficiency of the showing made in support of the waiver in light of the requirements of 47 C.F.R. � 1.925 and any other public interest considerations. Interested parties may file comments on or before September 4, 2000. Parties interested in submitting reply comments must do so on or before September 19, 2000. All comments should reference TeleCorp's request for waiver and include the DA number of this Public Notice DA 00-1750. Comments should be filed with the Office of the
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  • regional construction requirements to certain of NRTC's facilities would impede construction of its integrated system and frustrate the goal of providing service to rural areas. NRTC contends that the construction requirements for Phase II nationwide licenses are best suited to the construction of a system that is intended to serve sparsely populated geographic territories. III. Discussion 7. Pursuant to section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
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  • third party licensees. We therefore will not revisit this issue here. For these reasons, we find that Omnipoint has made a sufficient showing that grant of a waiver for PCS licensees is warranted under the circumstances described above. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and section 1.925(b)(3) of the Commission's rules, 47 C.F.R. � 1.925(b)(3), the request for waiver filed by Omnipoint Communications, Inc. is GRANTED as detailed above. FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Deputy Chief Wireless Telecommunications Bureau 47 C.F.R. �24.238. Wireless Telecommunications Bureau Requests Comment on Omnipoint Communications, Inc. Request for Declaratory Ruling or Waiver Concerning PCS Emission Limits Rule � 24.238, Public Notice,
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  • on February 23, 2000, and GLM did not request renewal pending resolution of its petition for reconsideration. Moreover, because the STA has expired, there is nothing before us to be extended. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Petition for Reconsideration filed by GLM Communications, Inc., on December 29, 1999 IS DENIED. 10. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division
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  • request for a waiver of Section 101.81 of the Commission's Rules, and forward the application to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch, for processing in accordance with the applicable Commission Rules. ordering Clauses ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Temporary Waiver of Section 101.81 of the Commission's Rules of Northwest Missouri Cellular, filed on August 18, 1999, IS DENIED. IT IS FURTHER ORDERED that application FCC File Nos. 0000024117-0000024119, filed by Northwest Missouri Cellular on August 18, 1999, SHALL BE PROCESSED by the Public Safety and Private Wireless
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  • is misplaced, for the Commission has decided that the effect on relocation costs is a relevant decisional factor only when licensees propose minor modifications, and not when they propose major modifications, such as increasing the bandwidth. ordering clauses Accordingly, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, that the request for a waiver filed by Illinois Valley Cellular RSA 2, Inc. on August 26, 1999, is DENIED. IT IS FURTHER ORDERED that application FCC File No. 0000035142 to modify the facilities for Stations WMM680 and WMS806, filed August 26, 1999, SHALL BE PROCESSED by the Public
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  • an applicant may apply for to allow for system growth while minimizing ``warehousing'' of shared private land mobile radio spectrum. See Third MO&O, 14 FCC Rcd 10922 at 10930-10931 � 18. In neither its initial application nor its reconsideration request does Valley Industrial justify a waiver of this limitation, now codified in Section 90.187(e), 47 C.F.R. � 90.187(e). Under Section 1.925(b)(3) of the Commission's Rules, we may grant a request for waiver (a) when the underlying purpose of the rule would not be served by application to the instant case and a waiver is in the public interest; or (b) when in view of the unique or unusual circumstances of the case, application of the rule would be inequitable, unduly burdensome
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  • certain franchise areas held by Century and FrontierVision. Hyperion submitted its waiver request on December 9, 1999, requesting a permanent waiver of the LMDS eligibility restriction or, in the alternative, a waiver pending the outcome of the Sixth Notice of Proposed Rulemaking. discussion Permanent Waiver Request. The Commission's Rules allow for waiver of specific rule requirements upon certain showings. Section 1.925 of the Commission's Rules requires a petitioner to demonstrate either that (a) the underlying purpose of the rule will not be served, or would be frustrated by application to the instant case, and that a grant of the waiver is otherwise in the public interest; or (b) in view of unique or unusual factual circumstances of the instant case, application
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  • COMMUNICATIONS, INC.'S PETITION REGARDING PCS C AND F BLOCK SPECTRUM EXTENSION OF FILING DEADLINE FOR COMMENTS TO SBC COMMUNICATIONS INC.'S REQUEST FOR WAIVER Comment Date: February 14, 2000 Reply Date: February 22, 2000 Nextel Communications, Inc. (``Nextel'') has filed a petition requesting expedited rulemaking under Section 1.401, or in the alternative, waiver of the Commission's rules under Sections 1.3 and 1.925. Nextel seeks modification or waiver of the Commission's eligibility and bidding rules with respect to PCS C and F block spectrum. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. Nextel requests that the Commission allow companies other than such entities to participate
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  • Land Mobile Waiver Requests, dated June 4, 1996. Id. Letter from Michael J. Regiec, Deputy Chief, Land Mobile Branch, to Nancy J. Douglas, Country Communications, Inc., dated January 28, 1997. Id. Country Petition at 5-6. See 220 MHz Second Report and Order, 11 FCC Rcd at 3669, � 4. Id. 47 C.F.R. �� 1.918(b) and 90.161(a). See 47 C.F.R. � 1.925(b)(3)(ii). See also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular Telephone Company, L.P., et al., 897 F.2d 1164 (D.C. Cir. 1990). See Amendment of Part 90 of the Commission's Rules to Provide for the Use of the 220-222 MHz Band by the Private Land Mobile Radio Service, PR Docket No. 89-552, Implementation of Sections 3(n)
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  • Distribution Service (LMDS) licenses in South Dakota and Iowa, jointly filed a ``Request for Clarification of De Facto Control Policy and Request for Authority to Operate Broadband PCS and LMDS Facilities Pursuant to Spectrum Lease Arrangement'' (Clarification Request). They propose to enter into a spectrum lease and joint operating arrangement. The Rural Carriers filed their Clarification Request pursuant to Section 1.925 of the Commission's rules. In the alternative, they request a waiver of Commission rules. The Rural Carriers have also submitted a suggested spectrum use agreement. As indicated above, the Rural Carriers propose to enter into a spectrum lease and joint operating arrangement. Each of the Rural Carriers would be a member of a joint operating arrangement of a proposed limited
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  • of a new emission mask for the 24 GHz band. As a result, we deny Hughes's request for a ruling that Teligent's waiver of the emission mask requirement extends to the certification of Hughes equipment manufactured to specifications other than those in the Part 101 rules. The Commission's Rules allow for waiver of specific rule requirements upon certain showings. Section 1.925 of the Commission's Rules requires a petitioner to demonstrate either that (a) the underlying purpose of the rule will not be served, or would be frustrated by application to the instant case, and a grant of the waiver is otherwise in the public interest; or (b) in view of unique or unusual factual circumstances of the instant case, application of
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  • path. This path would be used to incorporate an early warning feature to minimize the lag time between a vehicle's theft and the time that the theft is discovered and reported to the police. The uplink transmission would also be used to acknowledge base station instruction messages, which would reduce the number of base station transmissions. III. DISCUSSION 4. Section 1.925 of the Commission's Rules requires a party seeking waiver of specific rule requirements to demonstrate either that (a) the underlying purpose of the rule will not be served or would be frustrated by application to the instant case, and that a grant of the waiver is in the public interest; or (b) in view of the unique or unusual factual
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  • MHz Service system with an ERP of up to 250 watts, co-located with the transmitter for Channel 13 Television Station WTHR. All other 218-219 MHz Service rules continue to apply to DITV's system. V. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, DITV's Amendment to Request for Waiver, filed on June 9, 1998, IS GRANTED. 12. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau
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  • the Secretary within the thirty-day period, and no request for waiver of the requisite filing location was submitted, we conclude that the Petition should be dismissed. Therefore, we dismiss Gutter's petition for reconsideration. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Petition for Reconsideration filed by Lawrence Gutter on December 6, 1999 IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications
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  • the Secretary within the thirty-day period, and no request for waiver of the requisite filing location was submitted, we conclude that the Petition should be dismissed. Therefore, we dismiss Jamison's petition for reconsideration. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Petition for Reconsideration filed by Richard E. Jamison, on November 12, 1999 IS DISMISSED. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 97.21(b) of the Commission's Rules, 47 C.F.R. �, 97.21(b), the application for Amateur
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  • Ledyard, Connecticut without being authorized, either permanently or temporarily, at the requested coordinates. Therefore, we will refer the matter to the Commission's Enforcement Bureau for an investigation. 5. Accordingly, IT IS ORDERED that, pursuant to authority delegated by sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C. �� 154(i) and 405, and pursuant to sections 1.106 and 1.925 of the Commission's rules, 47 C.F.R. � 1.106, 1.925, we grant the petition for reconsideration filed by Ann Leggett on December 17, 1996, and amend her license for a non-nationwide Phase 1220 MHz license, call sign WPCV789, to reflect the coordinates 41 25' 45" North and longitude 073 03' 28" West. 6. IT IS FURTHER ORDERED that we shall refer
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  • its failure to state any unique or unusual factual circumstances, that we conclude that PVT has not demonstrated the lack of a reasonable alternative to justify its waiver. Thus, we deny PVT's requests for waiver. Ordering Clauses ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Sections 1.925, 1.2110 and 101.1209 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.2110 and 101.1209, PVT Networks, Inc.'s requests for waiver filed on March 13, 2000, and May 23, 2000, respectively, ARE DENIED. IT IS FURTHER ORDERED that application FCC File No. 0000137330 filed by PVT Networks, Inc. on March 13 2000, SHALL BE PROCESSED by the Public Safety and Private
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  • 0.331 of the Commission's rules, 47 C.F.R. � 0.331, that the Petition to Dismiss or Deny of Thumb Cellular Limited Partnership and the Conditional Objection to Minor Amendment of Thumb Cellular Limited Partnership ARE DENIED. IT IS FURTHER ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.925, the Petition for Waiver of CMRS Spectrum Cap Rule, codified in section 20.6 of the Commission's rules, filed on May 4, 2000, by SBC Communications Inc. and BellSouth Corporation, IS GRANTED until January 27, 2001, with respect to the cellular-PCS overlap in the Los Angeles-San Diego MTA. IT IS FURTHER
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  • a departure from the basic nature of the FRS. In this regard, we note that Garmin recently submitted information showing that transmission of GPS-derived location information would only be an enhancement to its FRS unit's voice capabilities29 and that it would be possible to limit transmission of this information to only once every ten seconds.30 Thus, we will require 23See47C.F.R. �1.925(bK3). 24 See Revision of the Commission's Rules To Ensure Compatibility with Enhanced 911 Emergency Calling Systems, Fourth Memorandum Opinion and Order, CC Docket No. 94-102, FCC 00-326, f 43 (rel. September 8, 2000). 25 See Report and Order, 11 FCC Red at 1297813. 26 See 47 C.F.R. � 95.193(a). 27 June 2000 Waiver Request at 3. 24 Id. 29 August
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  • in which case the applicant must indicate in Exhibit G that it has filed a confidentiality request. Because the required information bears on applicants' qualifications, the FCC envisions that confidentiality requests will not be routinely granted. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Attachment E AUCTION-SPECIFIC INSTRUCTIONS FOR FCC REMITTANCE ADVICE (FCC FORM 159-July 1997 edition) Upfront Payments The following information supplements the standard instructions for FCC Form 159, and is provided to help ensure correct completion of FCC Form 159 for upfront payments for Auction No. 35. Applicants need to complete FCC Form 159 carefully, since: Mistakes may affect their bidding eligibility;
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  • these stations, it must file new, properly coordinated applications. If FNB desires to continue operating these facilities until it files new license applications, it must obtain authorization to do so. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the petition for reconsideration and waiver request filed by First National Bank of Berryville on April 13, 2000, is DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety
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  • Quiet Zone have prevented them from offering service to significant portions of their licensed areas. Under these circumstances, we believe that enforcing the existing buildout and unserved area rules would serve no useful purpose and would potentially encourage the filing of speculative applications. We disagree, however, that a rulemaking proceeding is the best method to address this situation. Under section 1.925 of the Commission's rules, rules associated with licenses in the Wireless Radio Services, including cellular, may be waived when (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and a grant of the requested waiver would be in the public interest; or (2) in view of unique or
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of STATE OF OHIO Applications for 800 MHz General Category Channels and Request for Waiver Pursuant to Section 337(c) of the Communications Act of 1934 and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) ) FCC File Nos. A051346, A051773, A051775, A051776, A052254, A052257, A053871, A054250, A054249, A054251, A051347 and A056224. ORDER Adopted: October 23, 2000 Released: October 25, 2000 By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: On October 13, 2000, the State of
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  • of a system that enhances the safety of the general public located within its service area. We therefore grant Denton's requests for waiver of the General Category freeze and Section 90.621 of the Commission's Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communication Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the Request for Waiver filed by the City of Denton, Texas on July 12, 2000, is GRANTED. IT IS FURTHER ORDERED that the application to modify the license for Station WNGC433, FCC File No, A057457, filed by the City of Denton on July 12, 2000, is REFERRED to the
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  • of the financial obligations described above will result in automatic cancellation of the Commission's approval hereunder and in dismissal of the relevant assignment or transfer of control applications. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i) and (j), 309, and 310(d), and sections 0.331, 1.925(a), and 1.2111(a) of the Commission's rules, 47 C.F.R. �� 0.331, 1.925(a), 1.2111(a), that the underlying purposes of the disclosure requirements of section 1.2111(a) of the Commission's rules would not be served by application of the rule to the instant applications, and therefore, section 1.2111(a), IS WAIVED. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of
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  • Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, the Petition for Reconsideration filed by American Medical Response on August 25, 2000, IS GRANTED. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925(b)(3), and 90.621(e)(1) of the Commission's Rules, 47 C.F.R. �� 1.925(b)(3), 90.621(e)(1), the Request for Waiver filed by American Medical Response on September 8, 1999, IS GRANTED, as set forth above. IT IS FURTHER ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.948 of
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  • Dataradio develops, manufactures, and implements wireless products and networks supporting data applications for mobile and fixed uses in the public safety and private wireless communities. On December 20, 1999, Dataradio requested a waiver of Section 90.547 to allow it to manufacture 700 MHz band public safety radios that do not operate on the nationwide interoperability channels. III. DISCUSSION 4. Section 1.925 of the Commission's Rules provides that a rule waiver will not be granted unless an applicant shows that either: (a) the underlying purpose of the rule will not be served or would be frustrated by its application in the particular case, and that grant of the waiver is in the public interest; or (b) the unique facts or unusual circumstances
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  • PUBLIC NOTICE Federal Communications Commission 44512th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202/418-2830 TTY 202/418-2555 Internet: http://www.fcc.gov ________________ftp.fcc.gov DA 00-2672 Released: November 27, 2000 WIRELESS TELECOMMUNICATIONS BUREAU EXTENDS MANDATORY NEGOTIATION PERIOD FOR THE RELOCATION OF INCUMBENT LICENSEES IN THE 800 MHz BAND UNTIL MARCH 5, 2001 PR Docket 93-144 Pursuant to Sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331, 1.925, the Wireless Telecommunications Bureau (Bureau) hereby extends, for an additional 90 days, the mandatory negotiation period for the relocation of incumbent licensees in the upper 200 channels of the 800 MHz band. Accordingly, the December 4. 2000 expiration date for the mandatory negotiation period will be extended until March 5, 2001.'
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  • the Order on March 17, 2000 to describe such arrangement in more detail. We have reviewed LMDSC's Petition and determined that its arguments were fully considered in the Order. Accordingly, we deny LMDSC's Petition. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communication Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.106, 1.925, 1.2109(a), 1.2109(c), 1.2104(g) and 101.1105(b) of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, 1.2109(a), 1.2109(c), 1.2104(g) and 101.1105(b), the petition for reconsideration filed by the LMDS Communications, Inc. on April 17, 2000, IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION
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  • on these facts, we conclude that it would be inequitable to accord secondary status to Station WJM73. Accordingly, given the unusual circumstances of this case, we grant Range a waiver of Section 101.81 of the Commission's Rules. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Sections 1.925, 1.945 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.945 and 101.69, the Request for Waiver filed by Range Telephone Cooperative, Inc. filed by Range Telephone on March 29, 2000, IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana
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  • 928/959 MHz bands would be permitted to make certain modifications to existing systems as long as the signal level is not increased beyond the incumbent's 25-mile service area. It did not, however, modify the freeze on applications for new licenses or license modifications in the 928/959 MHz band. Discussion. We find that Texas Eastern has fulfilled the requirements of Section 1.925 of the Commission's Rules by specifically demonstrating that the purpose of the application freeze would not be served by its application in this instance. Texas Eastern seeks to modify its application by changing the antenna polarization for Station WNTQ319 from vertical to horizontal. Under the Commission's Part 1, this action is deemed a major modification. As a result, a waiver
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  • Learning wishes to obtain a valid authorization for these stations, it must file new, properly coordinated FMS applications. If World Learning desires to continue operating these facilities until it receives new authorizations, it must obtain authorization to do so. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver filed by World Learning, Inc. on April 10, 2000, IS DENIED. IT IS FURTHER ORDERED that the applications to renew the licenses for Stations WNTC203, Brattleboro, Vermont (FCC File No. 0000105716); and WNTC204, Chesterfield, New Hampshire (FCC File No. 0000105742) filed by World Learning, Inc. on April 10,
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  • states that it would make the Business and I/LT frequencies available, at no charge, for its customers, who are each Business and I/LT eligibles. Furthermore, Creative asserts that use of these four frequencies would be limited to use on an itinerant basis, primarily for talk-around, mobile-to-mobile communications in situations where use of its SMR system is not otherwise feasible. Section 1.925 of the Commission's Rules permits grant of a rule waiver request if the ``underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest.'' Alternatively, an applicant's request for waiver may be granted if ``in view of the
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  • 2000, when PSI filed its request to waive Section 80.49 of the Commission's Rules. For that reason, we conclude that PSI's waiver request is moot. In addition, the Commission's licensing database will be modified accordingly. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.925 and 1.955 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.955, the waiver request filed by Paging Systems, Inc., on October 17, 2000 IS DISMISSED AS MOOT. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private
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  • filing deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding markets to their short form applications, unless a waiver of the rules is warranted. The facts presented in Pass Word's Request show unique circumstances supporting the grant of this waiver pursuant to Section 1.925 of the Commission's Rules. Consequently, we will permit Pass Word to amend its FCC Form 175 to add the licenses listed in its request, and this amendment will allow Pass Word to bid on those licenses. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry
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  • Matter of Extending Wireless Telecommunications Services to Tribal Lands, Report and Order and Further Notice of Proposed Rule Making, FCC 00-209, 15 FCC Rcd. 11,794, 11803, at � 25 (``Tribal Lands Order''). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(e)(3), the applicant must submit a waiver request, pursuant to section 1.925 of the Commission's rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit H: Tribal Land Waiver Requests,'' at D-13. NOTE: For technical reasons, applicants will not be able to amend their applications to specify the tribal lands to be served and provide tribal government certifications for each market until December
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  • warranted in this case. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau See Request for Waiver of MPCS Wireless, Incorporated for the Upfront Payment Deadline for Auction No. 35 (November 30, 2000) (``Request''). 47 C.F.R. � 1.2106(c). 47 C.F.R. � 1.925(b)(3). See ``C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids, Upfront Payments and Other Procedural Issues,'' Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35 Procedures Public Notice''). See Auction No. 35 Procedures Public
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  • disagree. In previous Section 337 decisions, we have explained that these factors are not determinative. Consequently, in this matter, we conclude TNDOT has not met its burden to show that no other spectrum allocated for public safety service is immediately available. Finally, on August 18, 2000, TNDOT submitted a Supplement to its Petition requesting a waiver, in accordance with Section 1.925 of the Commission's rules, to enable it to use the paging frequencies it requested in its October 4, 1999 application. Section 1.925 of the Commission's rules permits waiver of the Commission's rules if: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case and that a grant of the
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  • for certification in the United States. There is no provision in the Commission's Rules for operating on 406.028 MHz as envisioned by the new COSPAS/SARSAT standards. Accordingly, certification of 406.028 MHz EPIRBs currently may not be obtained absent a waiver of Section 80.1061 of the Commission's Rules. On November 6, 2000, we placed McMurdo's request on public notice. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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  • however, that a denial of the waiver request does not mean that Sierra Pacific may not operate the subject station; rather, Sierra Pacific's operation of such station will be accorded secondary status. V. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) and 405 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 405, and Sections 1.925, and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, and 101.69, the Request for Waiver of Sierra-Pacific Power Company, filed June 22, 1999, IS DENIED. 10. IT IS FURTHER ORDERED that application FCC File No. 750111 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division for processing consistent with this
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  • we will grant Troy State's applications to modify its licenses for Stations WNTN678 and WNTN679 to allow it to operate in the 2 GHz band on a secondary basis to ET licensees. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Request for Co-Primary Frequency Assignment of Troy State University, dated February 14, 1997, IS DENIED and the licenses for Stations WNTN678 and WNTN679 will be modified to restore the authorization to operate on 2 GHz frequencies but only on a secondary basis to ET systems. This action is taken under
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  • we will grant Troy State's applications to modify its licenses for Stations WNTN678 and WNTN679 to allow it to operate in the 2 GHz band on a secondary basis to ET licensees. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Request for Co-Primary Frequency Assignment of Troy State University, dated February 14, 1997, IS DENIED and the licenses for Stations WNTN678 and WNTN679 will be modified to restore the authorization to operate on 2 GHz frequencies but only on a secondary basis to ET systems. This action is taken under
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  • and 90 of the Commission's Rules concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Report and Order, 6 FCC Rcd. 7297,7301-7302, � 25 (PLMRS Report and Order) ("Under no circumstances will we accept an application for a particular frequency until that frequency has actually been deleted from our database . . . ."). 47 C.F.R � 1.925(b)(3); see also WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). The waiver standard for Private Land Mobile Services was formerly codified at Section 90.151(a) of the rules, 47 C.F.R. 90.151(a) (1995). See Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 90, 95, 97, and 101 of the Commission's Rules
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  • June 11, 1997. Branch Letter at 2-3. Id. at 2. Id. Id. at 3. According to our licensing records, the special temporary authority is scheduled to expire on June 5, 2000. Waiver Request at 9; Petition at 14-15. Waiver Request at 9; Petition at 14-15. Petition at 16-17. Id. at 17. 47 C.F.R. � 90.151(a) (1998) (now 47 C.F.R. � 1.925(b)(3)). See Petition at 8-14. Id. at 11. Id. at 12. Id. at 18. Opposition at 4. See id. at 5-6. See id. at 7-8; Opposition to Emergency Motion for Stay filed by Hub Folding Box, Fischbach & Moore, Perini Corp., and Industrial Communications & Electronics, Inc. on January 13, 1999, at 7. 47 C.F.R. � 1.1110(f) (1996); see also Establishment
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  • development of federal/state/local systems, promote more efficient use of the spectrum, and provide improved opportunities for interoperable communications by the public safety, public service, and defense communities on the federal, state, and local levels. V. ORDERING CLAUSES 17. IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.173 of the Commission's Rules, 47 C.F.R. �� 1.925; 90.173, the waiver of Section 90.173, filed by the State of Wisconsin on October 9, 1998, IS CONDITIONALLY GRANTED, as set forth above, and the application for modification of Station KQO228 filed by the State of Wisconsin on October 9, 1998, WILL BE PROCESSED. 18. IT IS FURTHER ORDERED that
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  • rules in section 20.6, including section 20.6(d)(3), are not applicable to section 22.942, and the USCC voting trust is not in compliance with section 22.942. Consequently, the voting trust does not qualify for grandfathering since it was never a proper vehicle for USCC to holds its interests in the B-block license in Rockford.35 B. Request for Waiver 12. Background. Section 1.925 of the Commission's rules, which governs requests for waivers of the Part 22 rules, states that "[t]he Commission may grant a request for waiver if it is shown that: (i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be
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  • carrier basis. 5. On September 11, 1998, Nextel filed applications seeking to convert the status of four POFS stations located in Nevada from private to common carrier status. The applications were accompanied by a request for waiver of Section 101.603(b)(1) to permit carriage of common carrier traffic on 2 GHz frequencies allocated exclusively to the POFS. III. DISCUSSION 6. Section 1.925 of the Commission's Rules states that rule waivers will not be granted unless an applicant affirmatively shows that either (a) the underlying purpose of the rule will not be served or would be frustrated by its application in the particular case, and that grant of the waiver is in the public interest; or (b) the unique facts or unusual circumstances
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  • C.F.R. � 90.259 limits the use of frequencies in the 1427-1435 MHz band to telemetry operations. 47 C.F.R. � 90.20(f)(5) permits a police licensee to use any frequency between 40 and 952 MHz for physical surveillance, stakeouts, raids and other such covert operations without special authorization from the Commission. Petition at 1, 4. Id. at 4. See 47 C.F.R. � 1.925(c)(i) (codifying practice). Petition at 4. See 47 C.F.R. � 1.106(b)(1). Petition at 6. Id. See also Itron's Engineering Analysis at 3. Opposition at 8 and Exhibit A. Petition at 1. Opposition at 6. (continued....) Federal Communications Commission DA 00-398 Federal Communications Commission DA 00-398 (c) � �@��� @& f
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  • not be in the public interest. Because we conclude the Celtronix has not provided sufficient justification for the waivers to operate such a system, we deny its waiver requests and dismiss the associated applications. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request filed by Celtronix, Inc., on July 19, 1999, IS DENIED. IT IS FURTHER ORDERED that the application of Celtronix, Inc. to operate a private land mobile system on a secondary basis in the 218-219 MHz band in the Virginia Tidewater area, FCC File No. D128959, IS DISMISSED. This action
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  • not be in the public interest. Because we conclude the Telemetron has not provided sufficient justification for the waivers to operate such a system, we deny its waiver requests and dismiss the associated applications. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver requests filed by Telemetron, Inc., on April 27, 1999 and June 11, 1999, ARE DENIED. IT IS FURTHER ORDERED that the applications of Telemetron, Inc. to operate a nationwide private land mobile system on a secondary basis in the 218-219 MHz band, FCC File Nos. D125581 and D133075, ARE DISMISSED.
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  • for waiver of the short-form (Form 175) application submission deadline is denied. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Mark R. Bollinger Acting Chief Auctions and Industry Analysis Division Wireless Telecommunications Bureau See Three Angels Broadcasting Network, Inc. Request for Waiver, filed on or about February 24, 2000. 47 C.F.R. � 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). See "Supplemental Closed Broadcast Auction; Auction No. 28, Notice and Filing Requirements for Auction of AM, FM, TV, LPTV, and FM and TV Translator Construction Permits Scheduled for March 21, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-2958 (rel. December
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  • Section 0.331 of the Commission's Rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter from William Buxbaum, Attorney for Network Services, LLC. to Amy Zoslov, Chief, Auctions & Industry Analysis Division, Wireless Telecommunications Bureau Telecommunications Bureau, Federal Communications Commission, February 18, 2000 (``Request''). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. 47 C.F.R. � 0.331. William Buxbaum, Esq. March 2, 2000 Washington, DC 20554 � � � '' � ���� ?~����vp ---x7�K -�Mn�m�U�����U�� �e`�����O���u�P�V�...�/`� jQ!�Gx-��a�w6Ұ���''� � �E%...EAJ�ST� �T �(R)"��-�7#;W*T[�#frUi<�w�1=/ ]�-N�mW����Yls|1ь�
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    • Telecommunications Bureau. Biennial Regulatory Review -- Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, 13 FCC Rcd 21207, WT Docket No. 98-20 (1998). Section 101.23 was superseded by 47 C.F.R. � 1.925, the language of which is, in pertinent part, substantially the same as that of former 47 C.F.R. � 101.23. See 47 C.F.R. � 101.109. Waiver Request at 4. Id. at 4-5; Waiver Supplement at 2. Waiver Request at 7. Id. Order, 13 FCC Rcd at 25393-94 �� 7-11. Petroleum Communications, Inc., filed a Petition for Clarification noting that because the
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    • of a waiver is warranted under the circumstances described. Accordingly, based on the record in this proceeding, we conclude that a rule waiver is not justified. Consequently, this Order denies Datacom's Waiver Request. V. ORDERING CLAUSES 10. IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C �� 154(i), 405, and Section 1.925 of the Commission's Rules, 47 C.F.R � 1.925 that Datacom's request for waiver of Sections 101.101 and 101.109 of the Commission's Rules, 47 C.F.R. �� 101.101, 101.109, filed March 24, 1999, IS DENIED. 11. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION
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    • application, may grant the renewal nunc pro tunc. Because the licensees timely constructed their authorization and are currently providing service, grant of the waiver is in the public interest. We therefore will grant the requested waiver. . Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 C.F.R. � 154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the requests for waiver filed by Andrea Hall and David Fitts on March 5, 1999 ARE GRANTED. FEDERAL COMMUNICATIONS COMMISSION Suzan Friedman Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau Section 90.151 was replaced by section 1.925 prior to the filing of the Petitioners' request. Biennial Regulatory
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    • three percent and twenty percent of the defaulted bid amount. Once the license(s) have been auctioned the total default payment will be calculated and the Commission will either assess the final balance or refund any amounts due to the defaulting bidder. Section 1.3 of the Commission's Rules permits the Commission to waive its rules if good cause is demonstrated. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's rules will not be permitted except upon an affirmative showing that either: (a) the underlying purpose of the rule will not be served in a particular situation and that granting the waiver request is in the public interest; or (b) the ``unique or unusual factual circumstances of the instant
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    • Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 90.149(a) (1998). Id. We note that section 90.149(a) (1998), in effect at the time the waiver requests were filed, expressly provided that a license automatically cancels if no timely reinstatement request is filed. See 47 C.F.R. � 90.151 (1998). We note that while section 90.151 has been superseded by 47 C.F.R. � 1.925, we would deny the instant waiver requests under the revised rule as well. Federal Communications Commission DA 00-58 Federal Communications Commission DA 00-58 (R) � (R) � � � � � � � � (R) � � � � � � � � � � � � � � � � � � � � " � � � �
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    • reinstatement after the end of the applicable additional 30-day period. However, Brisbin timely constructed his authorization and is currently providing service. We therefore grant his Petition and, accordingly, grant his requested waiver and reinstate his license. . Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 1.106 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.106, 1.925, the Petition for Reconsideration filed by Ivan Brisbin on September 11, 1998 IS GRANTED. . IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the request for
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    • August 10, 1999. Ventresca has not shown that granting the waiver would be in the public interest or described unique or unusual factual circumstances that would justify granting the waiver. We therefore deny his waiver request. . Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the request for waiver filed by Robert Ventresca on April 5, 1999 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Suzan Friedman Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 1.949(a). Ventresca actually requests a waiver of 47 U.S.C. � 1.958 (1998), which has been superseded by
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    • February 9, 1999 IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Suzan Friedman Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 90.149(a) (1998). Id. We note that this particular provision of section 90.149(a) has since been deleted. See 47 C.F.R. � 90.151 (1998). We note that while section 90.151 has been superseded by 47 C.F.R. � 1.925, we would grant the instant waiver request under the revised rule as well. Federal Communications Commission DA 00-61 Federal Communications Commission DA 00-61
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    • (FCC Form 175) are treated as exempt proceedings, and therefore, not subject to the ex parte prohibitions that generally pertain to restricted proceedings. Cook further asserts that the Bureau was ``unjustifiably generous in accepting Pass Word's claim that it was confused by auction materials.'' Requests for waiver of rules must meet the criteria for granting a waiver. Pursuant to Section 1.925 of the Commission's Rules, Pass Word's Request showed unique circumstances supporting grant of the waiver. Furthermore, we concluded that granting the waiver did not undermine the purpose of the rule because we found credible Pass Word's explanation of its mistake. Cook also argues Pass Word's original application ``was a significant factor in Cook's auction strategy, including the determination of its
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    • FMS stations, by modification or ``re-licensing.'' Accordingly, we do not believe that Plumas-Sierra has shown that its case presents unusual or unique circumstances warranting grant of a waiver of the Commission's rules. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 405, and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Request for Waiver of Plumas, filed March 23, 1999, IS DENIED. 12. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless
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    • has no reasonable alternative to its proposed system. Accordingly, we deny the waiver request, and will issue the modified licenses for Stations WMJ503 and WHB542, and the license for the new Boonville station, on a secondary basis. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), and Sections 1.925, 1.945 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.945, 101.69, the Request for Waiver of Cybertel RSA Cellular, L.P., filed on March 23, 1999, IS DENIED and the license for the facility at Boonville, Missouri and the modified licenses for Stations WMJ503 and WHB542 will be issued with secondary status. This action is taken under delegated authority
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    • initial filing deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding markets to their short form applications, unless a waiver of the rules is warranted. The facts presented in Applicants' Requests show unique circumstances supporting the grant of these waivers pursuant to Section 1.925 of the Commission's rules. Consequently, we will permit Applicants to amend their short-form applications to add the licenses listed in their Requests, and these amendments will allow Applicants to bid on those licenses. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications
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    • initial filing deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding licenses to their short form applications, unless a waiver of the rules is warranted. The facts presented in Applicant's Request show unique circumstances supporting the grant of these waivers pursuant to Section 1.925 of the Commission's rules. Consequently, we will permit Applicant to amend its short-form application to add the licenses listed in its Request, and these amendments will allow Applicant to bid on those licenses. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications
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    • of the parties to comply with this obligation will result in automatic cancellation of the Commission's approval hereunder and in dismissal of the relevant transfer of control or assignment applications. IT IS ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), 309, and 310(d), and section 1.925(a) of the Commission's rules, 47 C.F.R. � 1.925(a), that the requirement in 47 C.F.R. � 1.948(c)(1)(iii) and (d) that notices of consummation and FCC Forms 602 be filed subsequent to the occurrence of pro forma transfers of control or assignments IS HEREBY WAIVED with respect to those transfers of control and assignments involved in the international and domestic reorganization of
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    • is warranted or would be in the public interest. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter from Jason Bunch, NTCH, Incorporated, to Kathy Garland, Wireless Telecommunications Bureau, Federal Communications Commission, filed March 29, 2000. 47 C.F.R. � 1.925. See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Scheduled for April 12, 2000: Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice''). See Auction No. 30
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    • approves the applications requesting Commission consent to transfer control of cellular and microwave licenses currently controlled by MetaComm Cellular, L.L.C. to WWC Holdings Co., Inc. No comments or. petitions to deny were received in response to the public notice announcing that the applications had been accepted for filing. See WTB Rpt. No. 380, rel. Nov. 24, 1999. Pursuant to section 1.925(a) of the Commission's rules, refptr://102bOcO/47 C.F.R. � 1.925(a). the Bureau also grants the parties' request for a waiver of section 22.943(b) of the Commission's rules, refptr://!Q2b54Q/47 C.F.R. � 22.943(b), with respect to MetaComm's unserved area licenses for Montana RSA No. 8 and Wyoming RSA No. 1. reffatr://10282eO/Section 22.943(b) of the Commission's rules provides that the Commission will not accept transfer
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    • the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, ET Docket No. 95-183, 14 FCC Rcd 12428, 12437 � 12 (1999). Further Petition at 4-5. See 47 C.F.R. � 1.7. See 47 C.F.R. � 1.106(i). Further Petition at 4-5. 47 C.F.R. � 1.7. 47 C.F.R. � 0.401. Further Petition at 6-8. 47 C.F.R. � 1.925(b)(3). Moreover, there are substantial reasons to apply the rules. While the Secretary's Office currently stops accepting filings at 7 p.m., filings may be submitted to the Commission's lockbox at the Mellon Bank until midnight. Granting a waiver to allow a reconsideration petition to be filed at the Commission's lockbox would therefore permit a petitioner to avoid the filing deadline. Further
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    • Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter to Margaret Wiener, Chief, Legal Branch, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Messrs. Thomas Gutierrez and Todd Slamowitz, Counsel for Bell Mountain Communications, Inc., Re: Waiver of Upfront Payment Deadline (April 5, 2000) (``Request''). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Scheduled for April 12, 2000: Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice''). See Auction No. 30
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    • deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding licenses to their short form applications, unless a waiver of the rules is warranted. The facts presented in your Request do not show unique circumstances supporting the grant of these waivers pursuant to Section 1.925 of the Commission's rules. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Mr. David E. Beyerle (April 6, 2000) (``Request''). You selected the following market
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    • Band; Status of Applications to Participate in the Auction,'' Public Notice, DA 00-615 (rel. March 17, 2000) (``Auction No. 30 Status Public Notice''). See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; 35 Qualified Bidders,'' Public Notice, DA 00-724 (rel. March 31, 2000) (``Qualified Bidders Public Notice''). See 47 C.F.R. � 1.925. Section 1.925 of the Commission's rules requires that to obtain a waiver of the Commission's Rules, a petitioner must demonstrate either (a) that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and grant of the requested waiver would be in the public interest; or (b) that, in view
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    • above filed by Arch Communications Group, Inc., Paging Network, Inc., and/or the shareholders and/or affiliates of these companies in the above-captioned proceeding to transfer control of Commission licenses ARE GRANTED. IT IS FURTHER ODERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), 309, 310(d), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the request of Arch Communications Group, Inc. and Paging Network, Inc. for a waiver of Section 24.101(a) of the Commission's rules, 47 C.F.R. � 24.101(a), is GRANTED in part and DENIED in part, as described herein. This action is taken on delegated authority under section 0.331 of the Commission's rules, 47
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    • a licensee's exclusive use. Thus, Tucson requests a waiver of Section 90.623(a) in order to obtain ten new conventional channels in the Tucson area and a waiver of Section 90.625(a) in order to have exclusive operation on the additional channels. Tucson's Waiver Request was placed on public notice on January 18, 2000. No comments were filed. III. DISCUSSION 4. Section 1.925 of the Commission's Rules requires a party seeking waiver of specific rule requirements to demonstrate either that (a) the underlying purpose of the rule will not be served or would be frustrated by application to the instant case, and that a grant of the waiver is in the public interest; or (b) in view of unique or unusual factual circumstances
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    • in the 2 GHz band are authorized on a secondary basis to ET licensees. discussion In this case, we note, as an initial matter, that the station at issue was originally authorized with primary status, but that authorization has terminated. FPL now requests a waiver of the Rules so that its new station license can be accorded primary status. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a request for waiver when (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case and a grant of the requested waiver would be in the public interest, or (ii) in view of the unique or unusual circumstances of the
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    • of the Aguas Buenas facility would count towards completion of the construction requirement. However, because North Sight did not file its modification application until three weeks after the construction deadline, the application was untimely and subject to dismissal under the 800 MHz application freeze, and the license was subject to cancellation for failure to construct at the original site. Section 1.925 of the Commission's rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • for Stations WAP578, KAY54, KAY53, WJI81, and WJI80 should not have been accorded secondary status as a result of the Branch's modification applications discussed herein. Consequently, we will reissue the licenses with primary status. 6. ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 405, and Sections, 1.106, 1.925, and 101.81 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, 101.81, the Petition for Reconsideration, filed on January 8, 2001 by Corn Belt Power Cooperative IS GRANTED, and the licenses for Stations WAP578, KAY54, KAY53, WJI81, and WJI80 will be reissued with primary status. 7. This action is taken under designated authority pursuant to Sections 0.131 and 0.331 of
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    • a manufacturer of marine radio equipment, and the Association of American Railroads (AAR), an FCC-certified frequency coordinator for private land mobile radio service frequencies which also represents the railroad industry. Reply comments were received from Maritel and Simrad, Inc. (Simrad), one of the equipment manufacturers listed in Exhibit A to the Waiver Request. III. DISCUSSION Contentions of the Parties. Section 1.925 of the Rules specifies that the Commission may grant a waiver upon a showing either that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) in view of unique or unusual factual circumstances of the instant case, application of the rule would be inequitable, unduly burdensome, or contrary to the public interest, or the applicant has no reasonable alternative. See 47 C.F.R. � 1.925(b)(3). For the reasons stated below, we find that the Public Safety Coordinators have justified the requested waivers of the rules. In the request for waiver of the mandatory electronic filing deadline, APCO indicates that due to the many challenges faced during the conversion of Public Safety Land Mobile services to ULS, it does not feel it is prepared to commit
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    • Serv. Co. v. Wilderness Soc'y., 421 U.S. at 257-8; Boeing, 444 U.S. at 478) (emphasis added). Zimsky, 9 FCC Rcd. 3239; Common Fund Order, 15 FCC Rcd. at 20437, � 10. Id. 47 C.F.R. � 1.3 (Section 1.3 of the Commission's Rules provides the Commission with the authority to grant waivers ``if good cause therefor is shown.''); 47 C.F.R. � 1.925 (``The Commission may grant a waiver request if: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest or, (ii) in view of the unique circumstances of the instant case, application of the rule(s) would
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit B B B B B B DA 01-1172 May 8, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON LEAP WIRELESS INTERNATIONAL, INC.'S REQUEST FOR WAIVER AND EXTENSION OF BROADBAND PCS CONSTRUCTION REQUIREMENTS Comment Date: May 22, 2001 Reply Comment Date: May 30, 2001 Pursuant to section 1.925(c) of the Commission's rules, 47 C.F.R. � 1.925(c), the Wireless Telecommunications Bureau seeks comment on the Request for Waiver and Extension of Broadband PCS Construction Requirements filed on April 26, 2001, by Leap Wireless International, Inc., on behalf of itself and its affiliates and subsidiaries (collectively, ``Leap''). Leap requests waiver of section 24.203(a) and (b) of the Commission's rules, 47
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    • be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. 47 C.F.R.�� 1.925(b)(3)(i), (ii). In its Waiver Request, Shell states that the Deer Park plant is a fully integrated petrochemical facility that stores, refines, and manufactures crude oil into various products such as gasoline, lubrication oil, diesel fuel, and petroleum solvent. Because of these activities, and the fact that there are over one-half million people living within 6.5 miles of the Deer Park
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    • COMMUNICATIONS COMMISSION News media information 202/418-0500 445 12th St. SW Fax-On-Demand 202/418-2830 WASHINGTON, D.C. 20554 Internet: http://www.fcc.gov ftp.fcc.gov DA 01-121 Released: January 18, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON FCI 900, INC.'S EXPEDITED REQUEST FOR 3-YEAR EXTENSION OF 900 MHZ BAND CONSTRUCTION REQUIREMENTS Comment Date: February 1, 2001 Reply Comment Date: February 8, 2001 Pursuant to Sections 1.3 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.3 and 1.925, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the Request for Expedited Waiver filed by FCI 900, Inc., a wholly-owned subsidiary of Nextel Communications, Inc. (collectively, Nextel). Nextel requests waiver of Section 90.665(c) of the Commission's Rules, 47 C.F.R. � 90.665(c), to extend the 5-year construction period for 900
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    • 202/418-0500 445 12th St. SW Fax-On-Demand 202/418-2830 WASHINGTON, D.C. 20554 Internet: http://www.fcc.gov ftp.fcc.gov DA 01-122 Released: January 18, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON NEOWORLD LICENSE HOLDINGS, INC.'S REQUEST FOR WAIVER OF 900 MHZ BAND CONSTRUCTION REQUIREMENTS AND PETITION FOR DECLARATORY RULING Comment Date: February 1, 2001 Reply Comment Date: February 8, 2001 Pursuant to Sections 1.2, 1.3 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.2, 1.3 and 1.925, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the Request for Waiver and Petition for Declaratory Ruling filed by Neoworld License Holdings, Inc. (Neoworld), an indirect wholly-owned subsidiary of Neoworld License Holdings, LLC, on January 10, 2001. Neoworld requests waiver of Section 90.665(c) of the Commission's Rules, 47
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    • Rcd 1134, 1135 � 7 (1996). See id.; see also Unified Policy Public Notice, 14 FCC Rcd at 11186. Reconsideration Petition at 3. Id. In addition, we believe that a waiver request regarding the Branch's August 27, 2000 action made in the context of a reconsideration request at this juncture is a procedurally flawed approach. See 47 C.F.R. �� 1.106(c), 1.925. (continued....) Federal Communications Commission DA 01-1256 Federal Communications Commission DA 01-1256 - g h � � �@��� � @& �0� �0� �0� �0� �0� �0� ���
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    • their own modern communications networks. The waivers sought by IL Coop would enable it to use spectrum interchangeably among its users without regard to the end user's eligibility. IL Coop states that it needs this flexibility in order to provide all of its users access to the entire system because some sites utilize only Business or I/LT channels. discussion Section 1.925 of the Commission's Rules permits a rule waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest. Alternatively, an applicant's request for waiver may also be granted if, in view of unique or unusual factual circumstances,
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    • ULS File No.0000320045. Neoworld also provided a list of MTAs where it holds 900 MHz licenses. Second, although Nextel's paper filing of its waiver request does not comply with the electronic filing requirements of Section 1.913(b), it is clear which licenses are covered by the request because Nextel unequivocally seeks relief on behalf of all 900 MHz MTA licensees. Section 1.925(a) of the Commission's rules provides that the Commission may, on its own motion, waive specific requirements of its rules. We find that Nextel's request for relief for all licensees in the 900 MHz band warrants waiver of the electronic filing requirement contained in Section 1.913(b) with respect to Nextel's Waiver Request. B. Neoworld Declaratory Ruling Request Neoworld requests a declaratory
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    • and Order, Fifth Report and Order, and the Fourth Further Notice of Proposed Rulemaking, 15 FCC Rcd 15293, 15 FCC Rcd 21520 (2000) (``Part 1 Third Report and Order Recon''). These changes have no effect on our evaluation of the Petition. 47 C.F.R. � 1.2110(e)(4)(ii) (1996). 47 C.F.R. � 1.2110(e)(4)(iv) (1996). Petition. Petition at 3. Petition at 2-3. 47 C.F.R. �1.925. 47 C.F.R. � 90.812(a) (1996) (``An MTA license issued to an eligible small business that elects installment payments will be conditioned on the full and timely performance of the license holder's quarterly payments.''); see also Dallas Security Agreement at � 2 (``The debtor recognizes that its continued retention of the License, and rights to operate as a Commission licensee thereunder,
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    • and efficient delivery of electric service,'' and if they are licensed only on a secondary basis, ``25,000 homes and businesses in Lakeside and remote regions of eastern Arizona could be left without power by a failure [of] the communications system.'' Moreover, Navopache Electric argues that ``no reasonable communications alternatives exist in the remote area of operations.'' DISCUSSION Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • Toronto, Canada, in violation of section 22.813(a) of the Commission's rules. The Licensing and Technical Analysis Branch of the Commercial Wireless Division subsequently returned Skytel's application on September 11, 2000. In response, on September 27, 2000, Skytel filed a request to waive section 22.813(a). In this Order, we deny Skytel's waiver request and dismiss its application. 2. Pursuant to section 1.925(b)(3) of the Commission's rules, a waiver request may be granted if it is shown that: (1) the underlying purpose of the rule would not be served, or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • which state that 40 dBu is an appropriate measure for the signal level necessary to provide sufficient protection from interference. Finally, we note that all applications to operate on these channels require frequency coordination. V. ordering clauseS Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Waiver Request filed by the state of Florida on August 8, 2000 IS GRANTED to the extent indicated herein. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Kathleen O'Brien Ham Deputy Chief, Wireless Telecommunications
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    • Order); see also IVIDCO Letter dated January 23, 2001 DA-170. See Vista Waiver Request at 1. Vista Waiver Supplement. Id. at 2. Letter to Elizabeth Michaels, from Rachel Kazan, Chief, Auctions Finance and Market Analysis Branch, WTB, FCC, dated January 6, 2000 (``January 6, 2000 Vista Ineligibility Letter''). See Vista Waiver Request. Vista Waiver Request at 5. 47 C.F.R. � 1.925. See Vista Waiver Request at 7. Vista Waiver Request at 2-7. Vista Waiver Request at 3-5. See Vista Waiver Request, Attachment 7 (March 10, 1996 Billings ``Notice to IVDS Licensees,'' from Regina W. Dorsey, Chief, Billings and Collections Branch). Vista Waiver Request at 5. Id. 47 C.F.R. � 1.2110 (1994); Wireless Telecommunications Bureau Staff Clarifies ``Grace Period'' Rule for IVDS
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    • engaged in public safety activities does not justify a lesser degree of diligence in complying with our renewal procedures.'' Thus, we deny NEMLEC's request for a waiver to permit late renewal of its licenses. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the requests for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by North Eastern Massachusetts Law Enforcement Council, on January 17, 2001, IS DENIED, and applications FCC File Nos. 0000332620, 0000332628, and 0000332636 ARE DENIED with prejudice. This action is taken under delegated authority pursuant to
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    • Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, DA 00-2836, at 2 (rel. Dec. 14, 2000) [hereinafter Tribal Lands Public Notice]. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit Y: Tribal Lands Waiver Requests,'' at E1-12. Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application.
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    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd. 24,838, 24,839 (2000) (``Tribal Lands Public Notice''). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit Y: Tribal Lands Waiver Requests,'' at E2-11. Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application.
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    • authorizations had automatically cancelled, PSI sought a waiver of the construction requirement and asked that the construction deadline be extended to two years from the date of grant because it needed additional time to negotiate with site owners for its proposed facilities. On December 6, 2000, the Division denied PSI's request. The Division reviewed the waiver request pursuant to Section 1.925(b)(3) of the Commission's Rules which provides that the Commission may grant a request for waiver if a) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and grant of a waiver would be in the public interest; or b) in view of unique or unusual factual circumstances, application of
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    • 686; Gains, Bennett Gilbert, 8 FCC Rcd 3986 (Rev. Bd. 1993); 47 C.F.R. � 1.106. Petition at 2. D/FW further claims that the staff member assigned to handle the renewal became so desensitized to the Bureau's letters that it ignored misdirected correspondence and consequently, in doing so, may have overlooked the renewal notice. Id. Id. at 4-5. 47 C.F.R. � 1.925(b)(3)(i), (ii). See Biennial Regulatory Review - Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order, WT Docket No. 98-20, 21027, 21073 � 98 (1998) (``not receiving a renewal reminder
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of JERSEY CITY, NEW JERSEY, POLICE DEPARTMENT Application and Waiver Request Pursuant to Section 337 (c) of the Communications Act of 1934, as amended, and Section 1.925 of the Commission's Rules for Use of Certain Public Land Mobile Channels ) ) ) ) ) ) ) ) File No. 0000472841 ORDER Adopted: June 28, 2001 Released: June 29, 2001 By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: On June 26, 2001, the Port Authority of New York and New
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    • that the Petition for Reconsideration filed on October 27, 2000 by PVT Networks, Inc., IS GRANTED, to the extent that PVT Networks, Inc. qualifies as a ``very small business'' for purposes of Auction No. 30. IT IS FURTHER ORDERED that pursuant to Section 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and 1.925 and 1.106 of the Commission's Rules, 47 C.F.R. 1.106, IT IS ORDERED that the request for a wavier of Sections 1.2110(b) and 101.1209(e) of the Commission's Rules, 47 C.F.R. �� 1.2110(b) and 101.1209(e) filed on October 27, 2000 by PVT Networks, Inc. IS DISMISSED AS MOOT. IT IS FURTHER ORDERED that PVT Networks, Inc. is entitled to be reimbursed $8,760.
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) in view of unique or unusual factual circumstances of the instant case, application of the rule would be inequitable, unduly burdensome, or contrary to the public interest, or the applicant has no reasonable alternative. See 47 C.F.R. � 1.925(b)(3). For the reasons stated below, we find that the Coordinators have justified the requested waivers of the rules. In the requests for waiver of the mandatory electronic filing deadline, the coordinators maintain that there are a series of obstacles to their completion of the conversion to electronic filing. The obstacles they assert include their inability to file applications interactively without
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit f f f f f f DA 01-1674 July 13, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON SUMMIT WIRELESS' REQUEST FOR LIMITED WAIVER AND EXTENSION OF TIME TO CONSTRUCT Comment Date: July 27, 2001 Reply Comment Date: August 3, 2001 Pursuant to section 1.925(c) of the Commission's rules, 47 C.F.R. � 1.925(c), the Wireless Telecommunications Bureau seeks comment on the Request for Limited Waiver and Extension of Time to Construct filed on June 26, 2001, by Summit Wireless, LLC, Summit Wireless WOW, LLC, and Summit Wireless Billings, LLC (collectively, ``Summit''). Summit requests waiver of section 24.203(a) of the Commission's rules, 47 C.F.R. � 24.203(a),
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    • 4, 2000 Letter, IVIDCO stated that five filings either ``separately or collectively clearly constitute a standing waiver request.'' February 4, 2000 Letter at 1. See generally In the Matter of Southeast Telephone, Inc., Order, DA 00-328 (rel. February 22, 2000); In the Matter of Bernard Pasquet, DA 00-122, Order (rel. January 25, 2000). February 4, 2000 Letter. 47 C.F.R. � 1.925. See February 4, 2000 Letter at 5-6. The courts have recognized the importance of the Commission's default rules and affirmed the Commission's authority to enforce its rules. See generally, Mountain Solutions, 197 F.3d 512; NextWave, 200 F.3d 43. See NextWave Order on Reconsideration, 15 Fed Rcd 17500. February 4, 2000 Letter at 5. 48 C.F.R. � 1.2110(e)(4)(ii)(1994); IVDS Grace Period
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    • 154(i), 309(j)(4)(B), and sections 0.331, 1.946, and 24.103(b) of the Commission's rules, 47 C.F.R. �� 0.331, 1.946, 24.103, the construction notification filed by Instapage Networks, Ltd. on June 22, 2000, is DISMISSED as defective. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309(j)(4)(B) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(j)(4)(B), and section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the request for waiver filed by Instapage Networks, Ltd. on June 22, 2000 is DENIED. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309(f) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(f), and section 1.931(a) of the Commission's rules, 47 C.F.R. � 1.931(a), Special Temporary
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    • as untimely with respect to MCNC's September 18, 2000 renewal applications and deny the Petition with respect to MCNC's November 8, 2000 renewal applications. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.925, the petition for reconsideration filed by MCNC on December 14, 2000 IS DISMISSED as untimely with respect to FCC File Nos. 0000234563, 0000234564, 0000234565 and 0000234567 and IS DENIED with respect to FCC File Nos. 0000259843, 0000259844, 0000259845 and 0000259846. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. ��
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of JERSEY CITY, NEW JERSEY, POLICE DEPARTMENT Application and Waiver Request Pursuant to Section 337 (c) of the Communications Act of 1934, as amended, and Section 1.925 of the Commission's Rules for Use of Certain Public Land Mobile Channels ) ) ) ) ) ) ) ) File No. 0000472841 ORDER Adopted: July 20, 2001 Released: July 23, 2001 By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: On July 19, 2001, the Port Authority of New York and New
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    • five percent (5%) late fee is not made before expiration of the first automatic quarterly grace period, the rule provides for a second automatic quarterly grace period and requires an additional late fee equal to ten percent of the missed payment. 47 C.F.R. � 1.2110(g)(4)(ii) (2000). Request at 1. Id. See Request. 47 C.F.R. � 1.2110(f) (1998). 47 C.F.R. � 1.925. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket 97-82, Third Report and Order and Second Further Notice of Proposed Rulemaking, 13 FCC Rcd 374, 439-440 (1997) (``Part 1 Third Report and Order''); Amendment of Part 1 of the Commission's Rules
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • new bid price for the spectrum associated with the defaulted licenses is established in a subsequent auction. If an additional payment is required, a further order will assess such payment. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and section 1.925(b)(3) of the Commission's rules, 47 C.F.R. � 1.925(b)(3), the request to waive sections 1.2107(b) and 1.2109(b) of the Commission's rules, 47 C.F.R. �� 1.2107(b), 1.2109(b), filed by TPS Utilicom, Inc. on February 23, 2001, IS DENIED. 19. IT IS FURTHER ORDERED that, pursuant to sections 0.331, 1.2104(b) and 1.2107(b) of the Commission's rules, 47 C.F.R. �� 0.331, 1.2104(b), 1.2107(b), TPS
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit F Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of JERSEY CITY, NEW JERSEY, POLICE DEPARTMENT Application and Waiver Request Pursuant to Section 337 (c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules for Use of Certain Public Land Mobile Channels ) ) ) ) ) ) ) ) ) ) File No. 0000472841 ORDER Adopted: August 10, 2001 Released: August 13, 2001 By the Deputy Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: On August 10, 2001, the Port Authority of New
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    • decision. Thus, we affirm the Branch's decision. conclusion and ordering clauses For the foregoing reasons, we deny Polk County's Petition requesting reconsideration of a denial of a waiver of Section 90.205(d) of the Commission's Rules. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) and 405 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 405, and Sections 1.106, 1.925 and 90.205(d) of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, 90.205(d), the petition for reconsideration filed by Polk County on March 28, 2001, IS DENIED. This action is taken under delegated authority pursuant to 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division
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    • 101.81 of the Commission's Rules. We note, however, that a denial of the waiver request does not mean that Cambridge may not operate the subject stations; rather, Cambridge's authorization to operate such stations will be accorded secondary status. 8. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925, 101.69, and 101.81 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, and 101.81, the Request for Waiver of Cambridge Telephone Company, Inc., filed on December 7, 2000, IS DENIED. 9. IT IS FURTHER ORDERED that applications FCC File Nos. 0000227439, 0000227440, 0000227441 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless
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    • determining whether to grant a late-filed renewal application, we consider all of the facts and circumstances, including the length of the delay in filing, the reasons for the failure to timely file, the potential consequences to the public if the license should terminate, and the performance record of the licensee. See id. at 11485 � 22. See 47 C.F.R. � 1.925(b)(3). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov - ! % B C B B �� ���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� �
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    • Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, DA 00-2836, at 2 (rel. Dec. 14, 2000) [hereinafter Tribal Lands Public Notice]. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to section 1.925 of the Commission's rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit Y: Tribal Lands Waiver Requests,'' at D-13. Note: For technical reasons, applicants will not be able to amend their long-form applications to specify the tribal lands to be served and to provide tribal government certifications for each market
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    • Arch Wireless, Inc. (Arch) and Cingular Wireless LLC (Cingular). DISCUSSION Section 1.2 of the Commission's rules provides that the Commission may ``on motion or on its own motion issue a declaratory ruling terminating a controversy or removing uncertainty.'' Section 1.3 of the Commission's rules allows the Commission to grant a waiver request upon a showing of good cause. Further, Section 1.925(a)(3) of the Commission's rules provides that the Commission ``may grant a request for waiver if it is shown that: (i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) [i]n view of unique
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    • place it on a more level playing field with other wireless service providers and will foster regulatory parity. Third, ILAC suggests that the construction requirements for its 28-channel nationwide 220 MHz system should be harmonized into a uniform construction obligation, which would allow it to develop a band manager plan while effectively deploying the spectrum. III. Discussion Pursuant to section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
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    • action is taken under authority delegated pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau Application of Codecom, Inc. for Participation in Auction No. 41, Request for Rule Waiver and Request for Expedited Action, filed September 13, 2001 (``Waiver Request''). Id. 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. ``Narrowband PCS Spectrum Auction Scheduled for October 3, 2001, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues,'' Public Notice, DA 01-1592, at Section III.D. (rel. July 9, 2001), 66 Fed. Reg. 38690 (``Auction No. 41 Procedures Public Notice''). Auction No. 41 Procedures Public Notice at Section III.D. Waiver Request at 1. It is our understanding
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    • Branch confirmed grant of the orally requested STA by countersigning the October 14, 1999 letter. Based on the foregoing, we find that the Branch waived the written filing requirements of Section 1.931. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 309(f), and 405 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309(f) and 405, and Sections 1.106, 1.925, and 1.931 of the Commission's rules, 47 C.F.R. �� 1.106, 1.925, and 1.931, the Petition for Reconsideration filed by Range Corporation on November 22, 1999 is dismissed in part as moot and otherwise denied as indicated above. FEDERAL COMMUNICATIONS COMMISSION Katherine M. Harris Deputy Chief Commercial Wireless Division Wireless Telecommunications Bureau Superior filed an Opposition to the Petition on December
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    • 1, 2002, is warranted under the circumstances presented, and will provide San Juan sufficient opportunity to acquire FCC-certified transmitters. Accordingly, we grant San Juan's request for waiver of Section 90.203 of the Commission's Rules, effective until June 1, 2002. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver of Section 90.203 of the Commission's Rules filed by the Municipality of San Juan on March 28, 2001 IS GRANTED, effective until June 1, 2002. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL
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    • operated by the Corps of Engineers or other government agencies. It does not seek a waiver with regard to its inland system service to passenger vessels, or with regard to its other AMTS services. DISCUSSION Section 1.3 of the Commission's rules authorizes the Commission to suspend, revoke, amend, or waive, for good cause shown, a Commission rule. In addition, Section 1.925 of the Commission's rules provides that the Commission may grant a waiver upon a showing either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or
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    • (Reply). Petition at 1 n.1. Id. at 1 n.1, 2-3. Id. at 3; Reply at 3-4. Petition at 4. Id. Id. at 4-5; Reply at 1. Petition at 5. Opposition at 1-3. Id. at 3-5. Id. at 1. Id. at 2. Id. at 4. Id. at 5-6. Id. at 5-6. Reply at 4. Id. Id. at 4-5. 47 C.F.R. � 1.925(b)(3). See Application of KIRV Radio, Memorandum Opinion and Order, 50 FCC 2d 1010, 1010 � 2 (1975) ("the claim of potential economic injury by a mere applicant for a broadcast facility is too remote and speculative to show standing as a 'party in interest"'); see also Application of Butte County Cellular License Corp., Memorandum Opinion and Order, 8 FCC Rcd
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    • filed. If Megastar wishes to obtain valid authorizations for these stations, it must file new properly coordinated applications. If Megastar wishes to continue operating these facilities until it receives new authorizations, it must obtain authorization to do so. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for a waiver of Section 1.913(b) of the Commission's Rules, 47 C.F.R. 1.913(b) filed by Megastar, Inc. on February 5, 2001, IS DENIED, and applications FCC File Nos. 0000416439 and 0000416441, filed February 5, 2001, ARE DISMISSED. This action is taken under delegated authority pursuant to 0.131 and 0.331 of
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    • for the requested extensions and we grant the motions pursuant to 47 C.F.R. � 1.46. See TRW, Inc., Reply to Opposition, filed May 18, 2001 (Reply). Petition to Deny at 1 n.1. Id. at n.1, 2-3. Id. at 3, Reply at 3-4. Petition at 4. Id. See Opposition. Id. at 1, 5, citing 47 C.F.R. � 101.17. 47 C.F.R. � 1.925(b)(3). See Application of KIRV Radio, Memorandum Opinion and Order, 50 FCC 2d 1010 � 2 (1975) ("the claim of potential economic injury by a mere applicant for a broadcast facility is too remote and speculative to show standing as a 'party in interest"'); see also Application of Butte County Cellular License Corp., Memorandum Opinion and Order, 8 FCC Rcd 7894
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    • Reply to Opposition, filed May 18, 2001 (Reply). Petition at 1 n.1. Id. at n.1, 2-3. Id. at 3, Reply at 2-3. Petition at 4. Id. Id. at 4-5, Reply at 1. Id. at 5. Opposition at 1. Id. at 3. Id. at 1. Id. at 3. Id. at 5. Id. at 4. Id. Id. at 4-5. 47 C.F.R. � 1.925(b)(3). See Application of KIRV Radio, Memorandum Opinion and Order, 50 FCC 2d 1010 � 2 (1975) ("the claim of potential economic injury by a mere applicant for a broadcast facility is too remote and speculative to show standing as a 'party in interest"'); see also Application of Butte County Cellular License Corp., Memorandum Opinion and Order, 8 FCC Rcd 7894
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    • to transfer those licenses to the Navajo Nation. In addition, AirCom indicated that it had bid on behalf of Javier Castro (Castro) for the remaining four licenses. On June 9, 2000, AirCom submitted an amended waiver request asking that the Commission allow it to acquire all seven of the subject licenses upon remission of the full payment owed. discussion Section 1.925 of the Commission's rules provides that waivers will not be granted unless the petitioner affirmatively shows that either a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of a waiver would be in the public interest; or b) in view of unique or unusual circumstances, application
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • request, with the conditions set herein, will be in the public interest, reduce the Commission's regulatory burden, and provide Claircom and GTE Airfone with testing flexibility while providing adequate interference protection. Ordering Clauses ACCORDINGLY, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i) and 309, and sections 0.331 and 1.925(b)(3) of the Commission's rules, the waiver of section 22.857 requested by Claircom and GTE Airfone is GRANTED subject to the following conditions: (1) if circumstances exist that result in interference to a licensee, Claircom and GTE Airfone shall resolve the interference in accordance with the Commission's rules; and (2) the use of channels P-5 and P-6 as C-30 pursuant to
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    • application and waiver request for failing to adequately protect existing co-channel licensees. Specifically, the Branch noted that Section 90.621(b)(4) of the Commission's Rules requires an analysis of interference potential from mobile transmitters to existing co-channel base station receivers. Because the interference study was not included with Northwest's waiver request, the Branch dismissed the application without prejudice, in accordance with Section 1.925 of the Commission's Rules. As a result, Entergy's petition to deny was dismissed as moot. On May 17, 2000, Northwest filed the instant petition seeking reconsideration of the dismissal of its application. On May 30, 2000, Entergy filed an opposition, and on June 9, 2000, Northwest filed its reply. Discussion. We affirm the Branch's ruling dismissing Northwest's application. Section 90.621(b)(4)
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    • be inappropriate to grant the Petition, particularly given that the record is devoid of a showing that Reeves meets the important limitations adopted as part of the BBA R&O rule changes. ordering clauses ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106, 1.925 and 90.617(c) of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, and 90.617(c), the petition for reconsideration filed by Reeves Realty, Inc. on January 3, 2000, IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and
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    • of the waiver requests does not mean that Beeper may not operate the subject stations; rather, assuming the applications are otherwise proper, Beeper's authorization to operate such stations will be accorded secondary status. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925, and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Beeper People, Inc.'s Waiver Request, filed June 20, 2001, IS DENIED. 14. IT IS FURTHER ORDERED that applications FCC File Nos. 0000476453 and 0000476454 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Public Wireless Division for processing consistent with this Order
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    • would be consistent with the underlying purpose of the MAS rules regarding protection from harmful interference. In addition, we believe that alternative frequencies are available for the operations proposed by Revelation. 9. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.2 and 1.925(b)(3) of the Commission's Rules, 47 C.F.R. �� 1.2, 1.925(b)(3), the request to clarify or waive Section 101.111(c) of Commission's Rules, 47 C.F.R. � 101.111(c), filed by Revelation L.L.C. on September 14, 2000 IS DENIED. 10. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION
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    • 30, 2001, Breitling requested a permanent waiver. It states it will continue to meet the conditions of the original waiver, except that it asks that the condition restricting sale of the Emergency to licensed pilots be eliminated. On July 16, 2001, we sought comment on Breitling's permanent waiver request. Three parties filed comments supporting Breitling's request for waiver. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • the Commission's Rules, and grant their requests to use frequencies in Channels 14 and 15 in Cleveland, and Channels 15 and 16 in Detroit. Discussion. At issue is whether Petitioners have demonstrated that a waiver of Section 90.303 of the Commission's Rules, to permit them to use the 470-512 MHz band in the Cleveland and Detroit areas, is warranted. Section 1.925 of the Commission's Rules states that rule waivers will not be granted unless an applicant affirmatively shows that either (a) the underlying purpose of the rule will not be served or would be frustrated by its application in the particular case, and that grant of the waiver is in the public interest; or (b) the unique facts or unusual circumstances
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    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd. 24,838, 24,839 (2000) (``Tribal Lands Public Notice''). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit Y: Tribal Lands Waiver Requests,'' at D-11. Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application.
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    • Communication, Inc. to Lisa Stover, Federal Communications Commission, dated September 21, 2001 (``Letter''). Auction of Licenses for Lower and Upper Paging Bands Postponed Until October 30, 2001, Public Notice, DA 01-1307 (rel. May 25, 2001) (``Auction No. 40 Postponement Public Notice''). Letter at 1. The attacks took place on Tuesday, September 11, 2001. 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.925. Auction No. 40 Postponement Public Notice at 1. Wireless Telecommunications Bureau Staff Provides Guidance on Completing the Short-Form Application (FCC Form 175) for Auction No. 40, Auction of Licenses for Lower and Upper Paging Bands, Public Notice, DA 01-2122 (rel. Sept. 10, 2001) (``Auction No. 40 Staff Guidance Public Notice'') at 1. Access to the FCC's computer system was unavailable
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    • API's request for a waiver of the short-form application filing deadline for Auction No. 40 is denied. This action is taken under authority delegated pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau Letter from James K. Young to Margaret Wiener, undated (``Letter''). 47 C.F.R. �1.2105(a). 47 C.F.R. � 1.925. Auction of Licenses for Lower and Upper Paging Bands Postponed Until October 30, 2001, Public Notice, DA 01-1307 (rel. May 25, 2001) (``Postponement Public Notice''). Id. Lower and Upper Paging Bands Auction Scheduled for October 30, 2001 - Technical Modifications Regarding Acceptable Bids, Bidder Seminar Scheduled for September 5, 2001, Public Notice, DA 01-1961 (rel. Aug. 17, 2001)(``Auction No 40
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    • comply with the coverage requirement, which would result in automatic termination of the license. In this case, Telecorp did request a waiver of section 24.203(a) as an alternative in its construction notifications, and later supplemented its request by indicating it had achieved more than one-third coverage of the relevant partitioned area within four months of the deadline. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
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    • the coverage requirement, which would result in automatic termination of the license. In this case, WV PCS did request a waiver of section 24.203(a) as an alternative in its construction notification, and later supplemented its request by indicating that it had achieved more than one-third coverage of the relevant partitioned area within six weeks of the deadline. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
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    • also Accepted Elections PN, 16 FCC Rcd at 5902. Request at 2. Id. We note that it is not clear if New England seeks waiver of all interest on the original principal amount, or all interest associated with the reamortized principal. Because we would deny either request, the precise nature of the request is irrelevant. Id. Id. 47 C.F.R. � 1.925. 218-219 MHz Order, 15 FCC Rcd at 1499, � 2 and 1520, �� 37-38; see Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Second Order on Reconsideration of the Report and Order and Memorandum Opinion and Order, WT Docket No. 98-169, 15 FCC Rcd 25020, 25027, � 12 (2000) (``Second Order
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    • denial of the waiver request does not mean that Southwest Central may not operate the subject station; rather, assuming the application is otherwise proper, Southwest Central's operation of such station will be accorded secondary status. V. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Request for Waiver of Southwest Central Dispatch, filed July 24, 2001, IS DENIED. 10. IT IS FURTHER ORDERED that application FCC File No. 0000427005 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division for processing consistent with this Order
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    • at least one-quarter of the population in its licensed service area, or a showing of substantial service in the licensed service area, within five years of the initial grant date. In either case, failure by the licensee to meet these requirements would result in forfeiture of the license and the licensee would be ineligible to regain it. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
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    • denial of the waiver request does not mean that Warren County may not operate the subject station; rather, assuming the application is otherwise proper, Warren County's operation of such stations will be accorded secondary status. V. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Requests for Waiver of Warren County, filed July 18, 2001 and August 16, 2001, ARE DENIED. 9. IT IS FURTHER ORDERED that applications FCC File Nos. 0000431513, 0000431534, 0000431548, 0000432481 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division
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    • 0000017410. Wireless Telecommunications Bureau Commercial Wireless Information, Public Notice, Report No. CWD-99-59 (rel. Aug. 26, 1999). Letter from Roger S. Noel, Chief, Licensing and Technical Analysis Branch, Commercial Wireless Division, to William J. Hackett (Dec. 6, 2000) (December Letter). 47 C.F.R. � 1.939(a)(2). NECC Petition to Deny at 2, n.2. NECC Petition to Deny at 2, n.2. 47 C.F.R. � 1.925(a)(3). Reconsideration Petition at 2. Reconsideration Petition at 2. December Order, 16 FCC Rcd at 73, � 4. Petition to Deny at 5; Reconsideration Petition at 1. Petition to Deny at 5. NECC specifically stated that ``it appears the Applicant submitted distances at which the predicted signal strength never exceeds 32 dBuV/m rather than the distances at which the predicted median
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    • MHz, 479.0875 MHz and 479.2625 MHz in the New York Metropolitan area. Fort Lee requests waiver of Sections 22.621, 22.501, and 90.303 of the Commission's Rules, 47 C.F.R. �� 22.621, 22.501, 90.303, and any other Commission Rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act, as amended, 47 U.S.C. � 337(c) or Section 1.925 of the Commission's Rules. Section 337(c) states that the Commission shall grant an application by an entity seeking to provide public safety services to the extent necessary to permit the use of unassigned frequencies, if the Commission makes five specific findings: (1) no other spectrum allocated for public safety use is immediately available; (2) there will be no harmful interference
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    • the nation. CMRS providers that choose to offer PAS, in accordance with the Commission's Rules, adhere to uniform operating protocols concerning the number of priority levels and the priority level for particular NSEP users. Under Section 64.402, PAS allows authorized NSEP users in emergencies to gain access to the next available wireless channel without preempting calls already in progress. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
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    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) (Tribal Lands Public Notice). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • out its business of providing data transmission, internet access, and interactive video services to colleges and universities throughout the State of North Carolina. On July 6, 2001, MCNC filed the instant application requesting waiver of Section 101.97 of the Commission's Rules to permit authorization on a primary basis of a new station to replace Station WHJ607. DISCUSSION Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • waiver of the deadline for filing renewal applications under Section 1.949(a) of the Commission's rules, accept Sager's application as of February 7, 2001, and refer the application to the Branch for processing. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Petition for Reconsideration and Request for Waiver filed by Sager ARE GRANTED. IT IS FURTHER ORDERED that the renewal application for WNSS514 filed by Sager on February 7, 2001, is referred to the Commercial Wireless Division's Licensing and Technical Analysis Branch for processing consistent with this order and applicable Commission
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    • submitted its report to the Commission recommending, inter alia, digital interoperability standards for both voice and narrowband data communications. On August 2, 2000, the Commission sought comment in WT Docket No. 96-86 on the NCC Report. 4. On November 14, 2000, the Division released an order denying Dataradio's request for waiver. The Division analyzed the waiver request under to Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3), which provides that grant of a request for waiver is warranted if (a) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and grant of a waiver would be in the public interest; or (b) in view of unique or unusual
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    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) (``Tribal Lands Public Notice''). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • denial of the waiver request does not mean that Stanislaus County may not operate the subject station; rather, assuming the application is otherwise proper, Stanislaus County's operation of Station WNEJ708 will be accorded secondary status. V. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Request for Waiver of Stanislaus County, filed August 13, 2001, IS DENIED. 9. IT IS FURTHER ORDERED that application FCC File No. 0000487279 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division for processing consistent with this Order and
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    • submit untimely exhibits to long-form applications. Further, in instances where the untimely submitted exhibits disclose ownership information, the application will be dismissed immediately in accordance with Section 1.2107(c) of the Commission's Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3), that the request to waive Sections 1.919, 1.2107(e), 1.2110(i), and 1.2112 of the Commission's Rules, 47 C.F.R. �� 1.919, 1.2107(e), 1.2110(i), 1.2112, filed by C & W Systems, Ltd. on May 26, 2000 IS DENIED. IT IS FURTHER ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as
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    • the nation. CMRS providers that choose to offer PAS, in accordance with the Commission's Rules, adhere to uniform operating protocols concerning the number of priority levels and the priority level for particular NSEP users. Under Section 64.402, PAS allows authorized NSEP users in emergencies to gain access to the next available wireless channel without preempting calls already in progress. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
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    • for commercial operator license renewals was not changed. See Report and Order, 13 FCC Rcd at 21071 �� 95-96; see also 47 C.F.R. � 13.13(b). For example, a licensee may have contracted to be at sea during the entire 90-day license renewal period, and thus unable to seek renewal of the license during the filing window. See 47 C.F.R. � 1.925(b)(3). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov ! % : ; < = A ^ _ ; ^ ; ^ �� ���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' ��
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    • that SBT wishes to address these types of concerns, it would appear, as a general matter, that a request for extension of time pursuant to Section 1.946(e) may not be an appropriate source of relief under such circumstances. We nonetheless note that the Commission's Rules also provide another potential avenue for relief should the circumstances presented so warrant. Specifically, Section 1.925 generally provides guidelines for the filing of a request for waiver of the Commission's Rules. We also note that SBT fails to show duplicity, overlap, or conflict between the current rule and other Federal rules, or how changes in technology or economic conditions require that Section 90.629 of the Commission's Rules be amended. The Commission has amended Section 90.629 on
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    • the equivalent of at least 1008 voice circuits within thirty months of the grant of its modification application, Siskiyou will be required to reduce its bandwidth or take other action to bring the station into compliance with the Commission's Rules. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. �154(i), and Sections 1.925 and 101.141(a)(3) of the Commission's Rules, 47 C.F.R. �� 1.925, 101.141(a)(3), the request for waiver filed by Siskiyou Telephone Company on August 21, 2001 IS GRANTED ON THE CONDITON THAT Station WML774 is carrying the equivalent of at least 1008 voice circuits within thirty months of the grant of its modification application. Application FCC File No. 0000421758 SHALL BE FORWARDED
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    • waiver requests does not mean that Wisconsin Electric may not operate the subject station; rather, assuming the application is otherwise proper, Wisconsin Electric's authorization to operate the station will be accorded secondary status. V. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925, 1.945, 101.69, and 101.81 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.945, 101.69, 101.81, the Request for Waiver filed by Western Electric on June 12, 2001, IS DENIED. 14. IT IS FURTHERED ORDERED that application FCC File No. 0000487105 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division for processing
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    • U.S.C. �� 154(i), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, the petition for reconsideration filed by Cayuga Onondaga Board of Cooperative Educational Services, on May 23, 2001, IS DISMISSED. IT IS FURTHER ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the request for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by Cayuga Onondaga Board of Cooperative Educational Services on May 23, 2001, IS DENIED, and application FCC File No. 0000477311 IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331
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    • Distress and Safety System (GMDSS) Radio Operating Procedures). Pursuant to this waiver, any party administering an Element 7 examination may use a 100-question test, with a minimum passing score of 75 questions answered correctly. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Waiver of Section 13.203(a)(5), filed by the National Radio Examiners on August 15, 2001 IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private
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    • initial waiver request was pending, the Commission released the BBA R&O, which amended our rules to permit 800 MHz Business and I/LT licensees to modify their licenses to authorize use of the channels for commercial operation, or to assign the channels to a commercial operator, under certain circumstances and conditions. Subsequently, IL Coop filed the present waiver request. discussion Section 1.925 of the Commission's Rules permits a rule waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest. Alternatively, an applicant's request for waiver may also be granted if, in view of unique or unusual factual circumstances,
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of STATE OF OHIO For 800 MHz General Category Channels and Request for Waiver Pursuant to Section 337(c) of the Communications Act of 1934, and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) ) ) FCC File Nos. A051346, A051773, A051775, A051776, A052254, A052257, A053871, A054250, A054249, A054251, A051347 and A056624 Adopted: December 31, 2001 Released: January 7, 2002 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION We have before us twelve applications for eleven General Category
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    • Commission's Rules. In addition, the requirement that any antenna structure that requires notification to the Federal Aviation Administration must be registered with the Commission prior to construction under Section 17.4 of the Commission's Rules continues to apply. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Petition for Modification of Licenses filed by the American Association of Railroads on March 24, 2000 IS GRANTED as set forth herein. IT IS FURTHER ORDERED that the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch SHALL PROCESS the modification applications filed by the American Association of Railroads
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    • ON REQUEST FOR WAIVER AND PROPOSED AIRTIME CAPACITY AGREEMENT Comment Date: February 27, 2001 Reply Comment Date: March 9, 2001 On December 15, 2000, James A. Kay, Jr. (``Kay''), licensee of various Specialized Mobile Radio Service (``SMR'') stations in the 800 MHz band in southern California, filed a waiver request (``Waiver Request'') with the Federal Communications Commission, pursuant to section 1.925 of the Commission's rules. Specifically, Kay requests waiver of ``such rules and policies as the Commission may deem necessary'' to permit him to enter into a proposed ``Airtime Retransmission Capacity Agreement'' (``Agreement'') with Nextel of California, Inc. (``Nextel''). Under the proposed Agreement, Kay would provide Nextel access to capacity on Kay's Los Angeles and Orange County, California, SMR stations licensed
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    • provided a sufficient showing to justify grant of a waiver and that the requested rule waiver could not provide the relief it apparently seeks. Accordingly, we dismiss TRW's waiver request as defective. V. ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3), the waiver request filed by TRW Inc. on May 24, 2000 IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau TRW,
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    • The licenses include B Block licenses Major Economic Areas 14 (Columbus, Ohio), 34 (Omaha, Nebraska), and 48 (Hawaii), collectively referred to as the ``Licenses.'' Waiver Request at 2. Id. Waiver Request at 2. See ``700 MHz Guard Bands Auction Closes; Winning Bidders Announced,'' Public Notice, DA 00-2154 (rel. September 25, 2000). See 47 C.F.R. � 1.2109(b). See 47 C.F.R. � 1.925. See Waiver Request at 12. See Waiver Request at 5-11. With respect the other five licenses for which high bids were withdrawn and no subsequent bids were received, Harbor suggests, without specifically requesting, that the Commission also offer such licenses the to the previous high bidders to eliminate the need for a second auction of Guard Band licenses. Id. at
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    • Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, DA 00-2836, at 2 (rel. Dec. 14, 2000) [hereinafter Tribal Lands Public Notice]. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit Y: Tribal Lands Waiver Requests,'' at D-12. Note: For technical reasons, applicants will not be able to amend their long-form applications to specify the tribal lands to be served and to provide tribal government certifications for each market
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    • Closes, Winning Bidders Announced,'' DA 01-211 (rel. Jan. 29, 2001) (Closing PN). The waiver request was attached as Exhibit G to PCS Partners long-form application. See File No. 0000369312, Exhibit G (Waiver). 47 C.F.R � 1.2107(c). See Waiver at 1. See id. at 4. Id. Id. at 2. Id. at 5. Id. at 4. Id. at 6. 47 C.F.R � 1.925(b)(3). ``Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, PP Docket No. 93-252, 9 FCC Rcd 2348, 2382 (1994). See Public Notice, ``Auction Of Licenses For The C And F Block Broadband PCS Spectrum , 87 Qualified Bidders,'' DA 00-2725 (rel. Dec. 1, 2000). See, e.g., In the Matter of Application of Pinpoint Communications,
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    • the Commission's Rules and have sought waivers to allow late filing of their Form 602. 47 C.F.R. �� 1.2107(f), 1.913(a)(2), (d)(4), 1.919(b). Because the Form 602 filing requirement became effective only recently, and some applicants may have been unfamiliar with the new filing procedures, we hereby grant the waiver requests associated with these long-form applications, pursuant to sections 0.331 and 1.925 of the Commission's Rules. 47 C.F.R. �� 0.331, 1.925. We note, however, that such waiver requests will not be routinely granted in the future in the absence of a clear showing of good cause. An original and four copies of all pleadings must be filed with the Commission's Secretary, Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 445
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    • IBM's waiver request concerning the Lotus assignment applications. Accordingly, we dismiss, without prejudice, the assignment applications concerning the Lotus licenses because denying the waiver requests renders the applications defective for lack of proper signature. 10. Accordingly, IT IS ORDERED, that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.925, the captioned applications and associated Requests for Waiver filed by International Business Machines Corp. on August 28, 2000, concerning the three Sequent licenses (Call Signs WNXT503, WNYM818 and WNSA207) ARE GRANTED. 11. IT IS FURTHER ORDERED, that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47
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    • for A New FM Construction Permit on Channel 236A at Pahrump, Nevada, Memorandum Opinion and Order, 15 FCC Rcd 14729 (2000) (``Hayes-Bell''). See Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Lynn R. Charytan, Wilmer Cutler & Pickering, Counsel for MPCS Wireless, Inc., DA 00-2760 (rel. December 12, 2000) (``MPCS''). 47 C.F.R. � 1.925. Letter to Mr. Kent Foster from Sandra J. Haller, Managing Director, Riggs & Company, dated April 4, 2000 (``First Riggs Letter''), appended as an attachment to the Waiver Request. In the First Riggs Letter, Riggs explains to the Applicant's president: ``We immediately faxed your wire instructions to our DC Operations Center. However, they either never received the instructions or they
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    • its late-filed renewal application for Station WNEZ248. As a result of the delay in filing its request for renewal of the license for Station WNEZ248 and our decision to deny its request, Enogex's application is considered a ``new'' application. Hence, Enogex must seek a waiver to the pending application freeze on new applications for the 928/959 MHz MAS band. Section 1.925 of the Rules states that we may grant a waiver if it is shown that: (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) application of the rule(s) would be inequitable, unduly
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    • check in the amount of $70 ($35 associated with FCC File No. R456913 and $35 associated with FCC File No. R481481) will be forwarded to Ameriflight as a regulatory fee refund. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3), that the request to waive Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by Ameriflight, Inc. on July 10, 2000 IS DENIED, and application FCC File No. R481481 IS DISMISSED with prejudice. 12. IT IS FURTHER ORDERED that the request for refund filed by Ameriflight, Inc. on July 10,
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    • WASHINGTON, D.C. 20554 DA 01-665 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: March 14, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON CINGULAR WIRELESS LLC'S REQUEST FOR WAIVER TO EXCLUDE 1.5 MHZ OF SMR SPECTRUM FROM THE CMRS SPECTRUM CAP Comment Date: April 3, 2001 Reply Comment Date: April 13, 2001 On March 7, 2001, pursuant to Section 1.925 of the Commission's rules, Cingular Wireless LLC (``Cingular'') filed a request for waiver of the Commercial Mobile Radio Service (``CMRS'') spectrum cap, Section 20.6(a) of the Commission's rules, to exclude up to 1.5 MHz of 900 MHz Specialized Mobile Radio (``SMR'') spectrum held by its subsidiary, Cingular Interactive L.P. (``Cingular Interactive''). The Wireless Telecommunications Bureau seeks comment on Cingular's waiver
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit $ $ $ $ $ $ $ $ DA 01-688 March 15, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR RULE CHANGE AND CONDITIONALLY WAIVES SECTION 1.929(C)(1) TO PERMIT EXPANSION OF PAGING CONTOURS OVER WATER ON A SECONDARY BASIS. Pursuant to Section 1.925 of the Commission's rules, the Wireless Telecommunications Bureau (Bureau) seeks comment on a Request for Rule Change filed by the Paging and Messaging Alliance of the Personal Communications Industry Association (PCIA). PCIA filed the request seeking amendment of Section 1.929(c)(1) of the Commission's rules to treat certain modifications to paging stations as minor modifications. Specifically, PCIA requests that the Commission
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    • the dismissal of its application. We are not persuaded that Adams should be permitted to amend an application that was properly dismissed. Under our rules, an applicant seeking to refile an application that is dismissed without prejudice must file a new application, which requires a new filing fee and the issuance of a new application file number. 7. Under section 1.925 of the Commission's rules, a waiver may be granted if it is shown that (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances of
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    • and 1.106 of the Commissions Rules, 47 C.F.R. �� 0.331, 1.106, the petition for reconsideration filed by Pierre Radio Paging & Telephone Corporation on December 3, 1999, IS DENIED. 7. IT IS FURTHER ORDERED that, pursuant to the authority of Section 4 (i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154 (i), and Sections 0.331 and 1.925 (b)(3) of the Commission's rules, 47 C.F.R. �� 0.331 and 1.925 (b)(3), the request for waiver of the paging application freeze filed by Pierre Radio Paging & Telephone Corporation is GRANTED to the extent stated herein. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Chief, Commercial Wireless Division Wireless Telecommunications Bureau In re Application of Pierre Radio Paging & Telephone Corporation, Order,
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    • recent developments in the paging industry is better addressed in a rulemaking proceeding with the benefit of notice and comment from interested parties in the paging industry. 8. Accordingly, IT IS ORDERED that, pursuant to sections 4 (i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154 (i ), 405, and sections 0.331, 1.106, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.106, and 1.925, the Petition for Reconsideration filed by Interelectronics Corporation on December 8, 1999 is granted in part, as set forth herein, and Interelectronics Corporation is granted a partial waiver of rule section 22. 655, as set forth herein. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Chief, Commercial Wireless Division Wireless Telecommunications
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    • 154(i), and sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R. �� 0.331, 1.106, the Petition for Reconsideration filed by TBA Communications, Inc. d/b/a Talk Back Arkansas on December 30, 1999, IS DENIED. 6. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the Request for Waiver filed by TBA Communications, Inc. d/b/a Talk Back Arkansas on December 30, 1999, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Chief, Commercial Wireless Division Wireless Telecommunications Bureau See Application of Talk Back Arkansas, Inc., Memorandum Opinion and Order, 14 FCC Rcd 2198 (WTB 1999) (``TBA Order'').
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    • to its application. Highland and other applicants for Auction No. 22 were informed that they would not be able to make major amendments to their short-form applications after the February 12, 1999 short form filing deadline. Thus, for Highland to submit its amendment and to convert its bidding status requires a grant of waiver of the Commission's rules. Under section 1.925 of the Commission's rules, a waiver may be granted if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances of
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    • and 1.106 of the Commissions Rules, 47 C.F.R. �� 0.331, 1.106, the petition for reconsideration filed by Pierre Radio Paging & Telephone Corporation on December 3, 1999, IS DENIED. 7. IT IS FURTHER ORDERED that, pursuant to the authority of Section 4 (i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154 (i), and Sections 0.331 and 1.925 (b)(3) of the Commission's rules, 47 C.F.R. �� 0.331 and 1.925 (b)(3), the request for waiver of the paging application freeze filed by Pierre Radio Paging & Telephone Corporation is GRANTED to the extent stated herein. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Chief, Commercial Wireless Division Wireless Telecommunications Bureau In re Application of Pierre Radio Paging & Telephone Corporation, Order,
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    • Further, Chadmoore argues that the Commission should deny the Nextel Request because the channels Nextel seeks to use are Business/Industrial Land Transportation (B/ILT) channels outside the U.S./Canadian border area, and the Bureau has previously denied a request by Nextel to use B/ILT channels for commercial purposes. Allstate, in its reply comments, supports grant of the Nextel Request. DISCUSSION 6. Section 1.925 of the Commission's rules permits a rule waiver if the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and a grant of the requested waiver would be in the public interest, or, alternatively, where, in view of the unique or unusual factual circumstances, application of the rule(s) would be
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    • Opinion and Order, PR Docket No. 92-257, 13 FCC Rcd 19853, 19875 � 46 (1998) (Third Report and Order). 47 C.F.R. � 80.371(c)(3). Third Report and Order, 13 FCC Rcd at 19876 � 49. Memorandum of Agreement Between United States Coast Guard and the Maritime VHF Public Coast Area Licensee at 2 (dated Mar. 7, 2001). See 47 C.F.R. � 1.925(b)(3). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov � � � � +D�� +D`� +D`� �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O �
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    • to file its petition in Gettysburg, as opposed to filing it with the Office of the Secretary. Consequently, absent a waiver, we conclude that WJIT's petition should be dismissed as improperly filed. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the petition for reconsideration filed by WJIT Broadcasting Corporation on November 29, 2000, IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Chief, Policy and Rules Branch Public Safety and
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    • CLAUSES 12. For the reasons discussed above, we dismiss Fine's petition to deny as untimely. Additionally, we dismiss GlobeCast's request for a waiver of Section 1.913(b) and will return the microwave renewal applications to GlobeCast for correction. 13. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request filed by GlobeCast North America, Inc. on March 26, 2001, IS DISMISSED. 14. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.939(g) of the Commission's Rules, 47 C.F.R. � 1.939(g), the Petition
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    • may not be obtained absent a waiver of Section 87.173(b) of the Commission's Rules. However, the Commission has released a Notice of Proposed Rule Making to review the Aviation Radio Service rules and seeks comment on whether to permit the certification of dual spacing transceivers for aircraft also operating in countries which employ 8.33 kHz channel spacing. DISCUSSION . Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • questions about software or hardware should be directed to Technical Support at (202) 414-1250 (V) or (202) 414-1255 (TTY). - FCC - Paris Tower, Inc., which is listed as a non-qualified bidder, submitted a waiver request on May 7, 2002. By order adopted today, the waiver request is denied for failure to meet the standards for granting waivers in section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. The order addressing Paris Tower's waiver request will be released separately. See Auction No. 45 Cellular Rural Service Areas Auction Scheduled for May 29, 2002, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Public Notice, DA 02-470 (rel. March 4, 2002), 67 Fed. Reg. 16383 (rel. April 5,
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    • standards and mileage separation criteria. See 47 C.F.R. � 90.175(e). See MO&O, 17 FCC Rcd at 1908 � 13. The Commission rejected LMR's contention that the Division based its decision upon facts that were not properly before it by relying on Waiver I because it was superseded by Waiver II and that the Division misconstrued or ignored 47 C.F.R. �� 1.925(c)(ii), 1934(d)(2). Id. at 1904 �� 7-8. See Supplement at Exhibit 1. ARINC provides voice and data radio communications to the aviation industry through sharing assigned frequency spectrum, radio facilities and satellites. See id. at 2. Id. at Exhibit 2. Id. at Exhibit 3. See Implementation of Sections 3(n) and 322 of the Communications Act Regulatory Treatment of Mobile Services, Second
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    • due to causes beyond its control. Furthermore, in recognizing that compliance with the broadband PCS construction requirements may be difficult at times, the Commission stated that, in situations in which the circumstances are unique and the public interest would be served, it would consider waiving the PCS construction requirements on a case-by-case basis. Waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of the rule would be
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    • if the licensee timely makes a request for extension and demonstrates that the failure to complete construction is due to causes beyond its control. Moreover, the Commission has stated that in situations in which the circumstances are unique and the public interest would be served, it would consider waiving the PCS construction requirements on a case-by-case basis. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
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    • in the Industrial/Business Pool. We deny the District's request for a retroactive waiver of the eligibility restrictions of Section 90.35 of the Commission's Rules. The District argues that it qualifies for the requested relief under the second prong of the Commission's waiver standard set forth in Part 1 of its Rules. In order to obtain a waiver pursuant to Section 1.925(b)(3)(ii) of the Commission's Rules, the District must demonstrate that ``[i]n view of the unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative.'' For the reasons discussed below, we find that the District failed to make such a showing.
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    • be obtained absent a waiver of Section 87.173(b) of the Commission's Rules. However, the Commission has released a Notice of Proposed Rule Making to review the Aviation Radio Service rules in which it requests comment on whether to permit the certification of dual spacing transceivers for aircraft also operating in countries which employ 8.33 kHz channel spacing. DISCUSSION . Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • the Department of Treasury for collection subject to the Debt Collection Improvement Act of 1996''). Request at 2. CommNet does not assert that it lost facilities during the September 11, 2001 events, rather, CommNet blames its financial problems on the downturn in the economy. Id. Id. Id. at 3. 47 U.S.C. � 309(j)(3)(B). Request at 4. Id. 47 C.F.R. � 1.925(b)(3). 47 U.S.C. � 309(j). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd. 2348 � 70 (1994) (``Competitive Bidding Second Report and Order''). Southern Communications Systems, Inc., Request for Limited Rule Waiver to Comply with PCS Installment Payment for C Block Licenses in the Cleveland, TN BTA,
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    • met by use of the frequency 453.400 MHz, which is currently licensed to Monroe. The County requests waivers of Sections 22.503 and 22.531 of the Commission's Rules, 47 C.F.R. � 22.503, 22.531 and any other Commission rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act, as amended, 47 U.S.C. � 337(c), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Section 337(c) of the Act states that the Commission shall grant an application by an entity seeking to provide public safety services to the extent necessary to permit the use of unassigned frequencies, if the Commission makes five specific findings: (1) no other spectrum allocated for public safety use is immediately available;
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    • expanding its contours with the ultimate geographic licensee. Therefore, we do not believe that Emory has demonstrated that it has no reasonable alternatives. Accordingly, we deny Emory's request for waiver of Section 101.1331(c) of the Commission's Rules. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Waiver filed by Emory University Hospital on November 19, 2001, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 1.934(d)(2) of the Commission's Rules, 47 C.F.R. � 1.934(d)(2), FCC File No. 0000569873, filed
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    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) (``Tribal Lands Public Notice''). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • be granted if the licensee timely makes the request and demonstrates that the failure to complete construction is due to causes beyond its control. Moreover, the Commission has stated that, in situations in which the circumstances are unique and the public interest would be served, it would consider waiving the PCS construction requirements on a case-by-case basis. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
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    • be granted if the licensee timely makes the request and demonstrates that the failure to complete construction is due to causes beyond its control. Moreover, the Commission has stated that, in situations in which the circumstances are unique and the public interest would be served, it would consider waiving the PCS construction requirements on a case-by-case basis. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
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    • office location to the new one. 5. In addition to the Waiver Request, Mobil submitted a short-spacing agreement with Duke Energy Field Services, L.P. (Duke Energy), licensee of MAS Station WNEU304, Maljamar, New Mexico, which is co-channel with Station WNTG513. Such an agreement is necessary because Mobil's proposed new location is 83.3 miles from the Station WNEU304. 6. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) application of the rule(s) would be inequitable,
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    • be granted if the licensee timely makes the request and demonstrates that the failure to complete construction is due to causes beyond its control. The Commission has also stated that, in situations in which the circumstances are unique and the public interest would be served, it would consider waiving the PCS construction requirements on a case-by-case basis. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
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    • were refiled with the correct fee. The Division dismissed the refiled applications as untimely pursuant to former rule section 22.128(f). Brix's predecessor filed a petition for reconsideration of the dismissal action requesting waiver of former rule section 22.128(f). Link Two opposed the waiver request in its above-referenced Petition to Deny, the withdrawal of which is hereby approved. Pursuant to section 1.925(a) of the Commission's rules, 47 C.F.R. � 1.925(a), and in light of our approval of the Settlement Agreement, the Division on its own motion waives former rule section 22.145 (now rule section 1.949(a) (renewal application procedures)). Action by Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. Applications for Renewal and Modification of Paging and Radiotelephone Service Stations KNKI691, KNKG857 and
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    • engineering study based on the R6602 Propagation Model, which demonstrates that the predicted 39 dBu service contours extend beyond 50 km for some azimuthal angles at the Packer John and Shaffer Butte transmitter sites, and beyond 45 km for some azimuthal angles at the No Business Mountain and Bennett Mountain transmitter sites. Id. Id. at 2-3. See 47 C.F.R. � 1.925(b)(3)(i). (...continued from previous page) (continued....) Federal Communications Commission DA 02-1494 Federal Communications Commission DA 02-1494 � � � F � S V
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    • the Deaf, CC Docket No. 94-102 (filed May 9, 2002). Id. at 5-6. TDI and NAD urge the Commission to deny the petition and specify that if Amarillo and High Plains are not in compliance by June 30, 2002, they will be subject to enforcement action. Id. at 8. Amarillo Reply at 2. 47 C.F.R. � 1.3. 47 C.F.R. � 1.925(b)(3)(ii). See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969)). See, e.g., Cellular Mobile Systems of St. Cloud Petition at 3; Missouri RSA #5 Partnership Petition at 3; Wireless Communications Venture Petition at 3. See AWS Petition at 2. , supra. See also Appendix A
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    • the Deaf, CC Docket No. 94-102 (filed May 9, 2002). Id. at 5-6. TDI and NAD urge the Commission to deny the petition and specify that if Amarillo and High Plains are not in compliance by June 30, 2002, they will be subject to enforcement action. Id. at 8. Amarillo Reply at 2. 47 C.F.R. � 1.3. 47 C.F.R. � 1.925(b)(3)(ii). See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969)). See, e.g., Cellular Mobile Systems of St. Cloud Petition at 3; Missouri RSA #5 Partnership Petition at 3; Wireless Communications Venture Petition at 3. See AWS Petition at 2. , supra. See also Appendix A
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    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) (``Tribal Lands Public Notice''). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • specified in the license unless a timely application for renewal is filed. On February 12, 2001, Smith filed the above-captioned application to renew his license for station KNRT899, along with a request for a waiver of the deadline for filing renewal applications. For the reasons discussed below, we deny Smith's waiver request, and dismiss his renewal application. Pursuant to section 1.925 of the Commission's rules, a waiver request may be granted if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • specified in the license unless a timely application for renewal is filed. On February 12, 2001, Smith filed the above-captioned application to renew his license for station KNRT731, along with a request for a waiver of the deadline for filing renewal applications. For the reasons discussed below, we deny Smith's waiver request, and dismiss his renewal application. Pursuant to section 1.925 of the Commission's rules, a waiver request may be granted if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • which application purpose(s) are appropriate for a particular filing, what information is being requested on a ULS form or schedule, or any other ULS-related licensing matter. ULS Licensing Support is available Monday through Friday, from 8:00 a.m. to 5:30 p.m. Eastern Time (except federal holidays). 47 C.F.R. � 1.919. See http://wireless.fcc.gov/uls/applications/ownership/. 47 C.F.R. � 1.913. See 47 C.F.R. �� 0.331, 1.925(a). See ``Electronic Access to the Ownership Disclosure Form, FCC Form 602, is Now Available,'' Public Notice, DA 02-1030 (rel. May 8, 2002). � �� j }](Q���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �������� ?z��pl�1����'"��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c)
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    • the waiver permits deviation from the station identification requirements of Section 87.107(a) only for aircraft that are being moved by maintenance personnel from one area in an airport to another area in that airport. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Waiver of the Federal Aviation Administration., Great Lakes Region, filed February 26, 2002, is GRANTED TO THE EXTENT STATED HEREIN. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief,
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    • for the captioned modification applications, associated waiver requests and construction extension request, which we dismiss as moot. Therefore, we dismiss as moot Futronics' Petition, Reply to Response, and Petition to Deny with respect to those stations. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i), 303(r), and Sections 1.925 and 1.955 of the Commission's Rules, 47 C.F.R. �� 1.925 and 1.955, the waiver requests filed between June and September 2001 by Midport Electronics, Inc. and GRH & Associates, Inc. ARE DISMISSED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i), 303(r), and Sections 1.946 of the Commission's
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    • mobile radio communications system in Nassau County, New York (Nassau County). NCPD seeks a waiver, pursuant to Section 337 of the Communications Act of 1934, as amended (the Act), of certain provisions in Part 90 of the Commission's Rules to use frequencies allotted for television (TV) operation. Alternatively, NCPD requests a waiver of the Part 90 rules pursuant to Section 1.925 of the Commission's Rules. For the reasons stated below, we grant NCPD's Waiver Request pursuant to Section 337 of the Act. BACKGROUND NCPD proposes to construct and operate a new land mobile radio communications system that will operate on frequencies in the 500-506 MHz band (TV channel 19) throughout Nassau County. The proposed system will consist of four base stations,
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    • 15(C)(ii) to 47 U.S.C. �309(j)). Auction No. 44 Revised Schedule Public Notice at 2. Petition at 12-15 (citing, inter alia, Accardi v. Shaughnessy, 347 U.S. 260 (1954)). See 47 C.F.R. �1.2105(b)(2) (rule determines effect of the deadline without establishing the deadline). Bachow Communications, Inc. v. Federal Communications Commission, 237 F.3d 683, 690 (D.C. Cir. 2001) (citations omitted). See 47 C.F.R. �1.925. 47 C.F.R. �1.2105(b)(2). Auction No. 44 Revised Schedule Public Notice at 5-6 (granting waivers). Id. The Auction Reform Act's provisions effectively removing the A, B, and E blocks, or 30 megahertz of the 48 megahertz of Lower 700 MHz licenses covering the country that were available in Auction No. 44, were not introduced until June 18, 2002, more than two
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should read carefully the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • waiver and the affected EA licensees have not objected to the waiver. We believe the same principles apply here. We conclude, based on the record before us, that the County of Mecklenburg, North Carolina's waiver request should be granted. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by the County of Mecklenburg, North Carolina on July 30, 2001 with respect to FCC File No. 0000598246 IS GRANTED. IT IS FURTHER ORDERED, pursuant and Section 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), 309(a), that the Licensing and
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    • be considered only upon leave granted to file. Id. Our records do not show that Southwest Central requested leave to file its Supplement. Moreover, we note that the Supplement largely repeats the arguments found in the Reconsideration Petition. To the extent it presents new information, Southwest Central fails to demonstrate why that information was not presented earlier. 47 C.F.R. � 1.925(b)(3). Reconsideration Petition at 4-8. Id. at 4. Id. Specifically, 1) Village of Clarendon Hills Police Department, 2) Village of Willowbrook Police Department, 3) Village of Lemont Police Department, 4) Village of Clarendon Hills Fire Department, and 5) Lemont Fire Protection District. Id. at 5. Southwest Central states that the microwave path including Station WNES989 is the only existing communication link
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    • ADV to help sustain the viability of one or more designated entities. Qualcomm asserts that grant of the requested waiver is not barred by law or policy. We seek comments on all aspects of QUALCOMM's Petition. All comments should reference WT Docket No. 02-234. The petition and other pleadings will be incorporated into WT Docket No. 02-234. Pursuant to Sections 1.925(c) of the Commission's rules, interested parties may file comments on or before August 30, 2002, and reply comments on or before September 9, 2002. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. . Parties who choose to file by paper must file an original and four copies of each filing. If
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    • County has failed to demonstrate that grant of a waiver of Section 101.81 of the Commission's Rules is warranted under the circumstances presented. We therefore deny its requests for a waiver of Section 101.81 of the Commission's Rules. 7. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Requests of King County for waiver of Section 101.81 of the Commission's Rules, filed March 21 and 22, 2002, ARE DENIED. 8. IT IS FURTHERED ORDERED that applications FCC File Nos. 0000819591, 0000819763, 0000819766, 0000819767, 0000819768, 0000820761, 0000820766 SHALL BE REFERRED to the Licensing and Technical Analysis Branch
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    • the 150 MHz VHF band which are currently licensed to Bayonne. Bayonne requests waivers of Sections 22.621, 22.501, and 90.303 of the Commission's Rules, 47 C.F.R.�� 22.621, 22.501, 90.303, and any other Commission rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act, as amended, 47 U.S.C. � 337(c), or, in the alternative, Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Section 337(c) of the Act states that the Commission shall grant an application by an entity seeking to provide public safety services to the extent necessary to permit the use of unassigned frequencies, if the Commission makes five specific findings: (1) no other spectrum allocated for public safety use is immediately available;
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    • Expedited Action Requested (June 17, 2002) (``Waiver Request''). See Letter to Margaret Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Ms. Sylvia Lesse and Mr. John Kuykendall, Counsel for Coleman County Telecommunications, Ltd., Auction No. 44 Supplement to Emergency Request for Waiver (June 28, 2002) (``Supplement to Waiver Request''). 47 C.F.R. � 1.2106 (c). 47 C.F.R. � 1.925. See Auction of Licenses in the 698-746 MHz Band Scheduled for June 19, 2002, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payment and Other Auction Procedures, Public Notice, DA 02-563, at 23 (rel. March 20, 2002) (``Auction No. 44 Procedures Public Notice''). See Auction No. 44 Procedures Public Notice at 23. See Auction of Licenses for 698-746 MHz Band
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    • and Procedures, Public Notice, DA 02-1491, 2 (rel. June 26, 2002). OCTO refers to this deadline as the registration deadline. Reallocation and Service Rules for the 698-746 MHz Spectrum Band (Television Channels 52-69), GN Docket No. 01-74, Memorandum Opinion and Order, 17 FCC Rcd 11,613 �� 2, 32-39 (2002). OCTO Waiver Request at 1. Id. at 2. 47 C.F.R. � 1.925. First Auction of Interactive Video and Data Service (IVDS) Licenses, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 � 7 (1996) (quoting the lower Wireless Telecommunications Bureau order). While earlier filing of OCTO's waiver request would not have changed our decision, we note that OCTO waited almost a month after the short-form filing deadline before filing its request. Auction
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    • ORDER Adopted: August 28, 2002 Released: August 29, 2002 By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: introduction In this Order, we address a request by Minnesota PCS Limited Partnership (``MN PCS'') for waiver and an extension of time to satisfy the construction requirements for two of its broadband Personal Communications Services (``PCS'') licenses. Specifically, pursuant to sections 1.925 and 1.946 of the Commission's rules, MN PCS asks for a thirty-day extension of time in order to satisfy its construction requirements of section 24.203(b) for stations KNLG948, the F Block 10 MHz license for the Fergus Falls, Minnesota, BTA142 (``Fergus Falls BTA'') and KNLF934, the F Block 10 MHz license for the Bemidji, Minnesota BTA037 (``Bemidji BTA''). For the
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    • Kentucky has failed to demonstrate that grant of a waiver of Section 101.81 of the Commission's Rules is warranted under the circumstances presented. We therefore deny its request for a waiver of Section 101.81 of the Commission's Rules. 7. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Requests of Kentucky, filed April 2, 2002, IS DENIED. 8. IT IS FURTHERED ORDERED that application FCC File No. 0000832308 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division for processing consistent with this Order and the applicable Commission
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    • before us, we grant the Port Authority until September 11, 2003, or one year after September 11, 2002, to return the World Trade Center Stations to operational status without the risk of forfeiting the licenses for permanent discontinuation. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), Sections 1.925, 90.157, and 101.65(b) of the Commission's Rules, 47 C.F.R. �� 1.925, 90.157, and 101.65(b), the Request for Waiver filed on August 9, 2002 by the Port Authority of New York and New Jersey IS GRANTED to the extent indicated. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131,
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    • rules, 47 C.F.R. �� 0.331, 1.106, the Petition for Reconsideration filed by Billy Williford d/b/a Jasper Mobile Phone on January 10, 2001, IS GRANTED, subject to the conditions described in this Order. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331, 1.925, the Request for Waiver filed by Billy Williford d/b/a Jasper Mobile Phone IS GRANTED, subject to the conditions described in this Order. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 0.331 of the
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    • requested an extension to comply with the 25 percent coverage requirement, we will address the sufficiency of the extension request. Pursuant to sections 1.946(e) and 24.843(b) of the Commission's rules, an extension of time to complete construction will be granted if the licensee shows that the failure to complete construction is due to causes beyond its control. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
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    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) (``Tribal Lands Public Notice''). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • Wireless also asks that we preclude other individuals from submitting applications under the Commission's unserved area licensing rules once the five-year build-out period expires in each relevant market. discussion Because of the unique restrictions that limit construction in the Quiet Zone, we grant Verizon Wireless a limited waiver of the Commission's cellular five-year build-out and unserved area licensing rules. Section 1.925 of the Commission's rules provides that a waiver may be granted if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit R R R R R R DA 02-240 February 1, 2002 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON CINGULAR WIRELESS LLC'S REQUEST FOR WAIVER OF THE CELLULAR VERTICAL WAVE POLARIZATION REQUIREMENT Comment Date: February 11, 2002 Reply Comment Date: February 19, 2002 Pursuant to section 1.925(c) of the Commission's rules, 47 C.F.R. 925(c), the Wireless Telecommunications Bureau seeks comment on the Petition for Waiver filed on November 23, 2001 and Supplement to Petition for Waiver filed on January 14, 2002, by Cingular Wireless LLC (``Cingular''). Pursuant to section 22.367(a)(4) of the Commission's rules, 47 C.F.R. � 22.367(a)(4), electromagnetic waves radiated by base, mobile and auxiliary test
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    • the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: introduction In this Order, we address a request by Monet Mobile Networks, Inc., on behalf of its wholly-owned subsidiary, BWI Midwest LHC, Inc. (``Monet''), for waiver and extension of time to meet the construction requirements (``Extension Request'') for two of its broadband Personal Communications Services (``PCS'') licenses. Specifically, pursuant to sections 1.925 and 1.946 of the Commission's rules, Monet asks for a thirty-day extension of time in order to satisfy its construction requirements of section 24.203(b) for stations KNLH770, the E Block 10 MHz license for Willmar-Marshall, Minnesota, BTA477 (``Willmar-Marshall BTA'') and KNLH737, the D Block 10 MHz license for Bemidji, Minnesota, BTA037 (``Bemidji BTA''). For the reasons stated below, we grant
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    • the licensee fails to satisfy its construction requirements, unless the Commission grants an extension request or waives the narrowband PCS construction requirements. An extension of time to complete construction may be granted, pursuant to sections 1.946(e), if the licensee shows that the failure to complete construction is due to causes beyond its control. Waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of the rule would be
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    • the Jersey City, New Jersey area, utilizing the following ten UHF paging control frequencies: 470.0500/473.1750 MHz, 470.2500/473.2000 MHz, 470.2750/473.2750 MHz, 476.2750/479.2750 MHz, and 476.0875/479.2250 MHz. Concurrently, JCPD submitted an amended request for waiver of Sections 22.501, 22.621and 90.303 of the Commission's Rules. JCPD seeks its waiver pursuant to Section 337(c) of the Communications Act, as amended (the Act), and Section 1.925 of the Commission's Rules. Section 337(c) of the Act provides that the Commission must waive any rules necessary to authorize entities providing public safety services to operate on unassigned non-public safety spectrum, if the Commission makes five specific findings: public safety spectrum is not immediately available; the proposed use will not cause harmful interference to protected spectrum users; public safety
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    • declaration that continued operation of a path served by frequency 19015 MHz is crucial to the government's ability to provide the public with timely access to emergency services in outlying coastal communities. We therefore believe that it would be in the public interest for us to consider this information in the context of San Diego's Waiver Request. Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • Procedure Act and the Commission's rules. Discussion. We find that grant of a limited waiver to permit Access 220 to engage in band manager operations pursuant to the 220 MHz authorizations it currently holds would further the public interest by facilitating the Commission's stated objectives for the 220 MHz spectrum and is warranted under the waiver standards established by sections 1.925 and 1.3 of the Commission's rules. We condition grant of this waiver on Access 220's compliance with the requirements imposed on 700 MHz Guard Band Manager licensees, with the specific exceptions set out below. These conditions mirror the terms of operation established by the Commission for 700 MHz Guard Band Manager licensees when it established the service. The Commission has
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    • a waiver of the Cellular Cross-Interest Rule, because ALLTEL, through its subsidiary Radiofone, Inc., holds the A-side cellular license for an overlapping portion of the same RSA. The Parties allege, inter alia, that waiver of the Cellular Cross-Interest Rule is appropriate because the acquisition by CenturyTel Wireless of the Interest would not lead to any anticompetitive harm. Pursuant to section 1.925(c)(i) of the Commission's rules, we seek comments on the Parties' Petition. Interested parties may file comments no later than November 18, 2002. Oppositions may be filed no later than December 2, 2002. Replies may be filed no later than December 9, 2002. All comments filed in this proceeding should reference DA 02-2723 and WT Docket No. 02-325 and should indicate
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    • Part 80 of the Commission's Rules. Specifically, Briar Tek's seeks waiver of emission and power standards, and battery requirements to allow for certification of a personal EPIRB for personnel that have fallen overboard from a vessel. On November 15, 2001, we sought comment on Briar Tek's waiver request. One party filed comments supporting Briar Tek's request for waiver. Discussion. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • and property. As such, we conclude that Monroe County meets the eligibility criteria established by Section 337(f)(1). We next must determine if Monroe's proposal meets the statutory criteria for grant of a waiver under Section 337(c)(1) of the Act. Monroe contends that it meets the requirements of Section 337(c), and, in any event, a waiver is warranted pursuant to Section 1.925 of the Commission's Rules. Section 337(c) requires that a public safety applicant, such as Monroe, request specific unassigned spectrum. Monroe requested frequency 931.3125 MHz to meet the mission-critical communications requirements of the County's public safety agencies. A review of our licensing records indicates that this channel-currently designated for commercial paging service-is unassigned within 120 miles of Monroe County, and that
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    • because the fact that WNGQ365 was non-operational for at least two and one-half years is not disputed and during that time period, Glendale did not inform the Commission that it had stopped operations and made no attempt to reconstruct facilities or initiate service. Finally, we deny GEI's request for waiver of Section 90.157 of the Commission's rules. Pursuant to section 1.925(b)(3) of the Commission's rules, a waiver request may be granted if it is shown that: (1) the underlying purpose of the rule would not be served, or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • County has failed to demonstrate that grant of a waiver of Section 101.81 of the Commission's Rules is warranted under the circumstances presented. We therefore deny its requests for a waiver for Section 101.81 of the Commission's Rules. 7. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Requests of Delaware County for waiver of Section 101.81 of the Commission's Rules, filed June 28, 2002, ARE DENIED. 8. IT IS FURTHERED ORDERED that applications FCC File Nos. 0000945657 and 0000945658 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private
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    • File No. 0001041694); Plateau Telecommunications (FCC File No. 0001047257). See Lower 700 MHz Band Auction Closes; Winning Bidders Announced; FCC Forms 601 and 602 Due October 4, 2002, Public Notice, DA 02-2323 (rel. Sept. 20, 2002). See Wireless Telecommunications Bureau Announces Availability of Electronic Filing of FCC Form 602, Public Notice, 17 FCC Rcd 16779 (2002). See 47 C.F.R. �� 1.925(a) (Commission may waive specific requirements of the rules on its own motion), 0.331 (authority delegated). See In the Matter of Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, 16 FCC Rcd 21483 (2001); FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, 16 FCC Rcd 22165 (2001).
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    • to causes beyond its control. Furthermore, in recognizing that compliance with the broadband PCS construction requirements may be difficult at times, the Commission has stated that, in situations in which the circumstances are unique and the public interest would be served, it would consider waiving the PCS construction requirements on a case-by-case basis. Waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of the rule would be
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    • and the inter-category sharing freeze is warranted. This action serves the public interest in that it will enhance the immediate communications capabilities of a public safety user without compromising or frustrating the underlying purposes of the inter-category sharing freeze. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 90.617 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.617 of the Commission's Rules, the Request for Waiver filed by Houston on May 21, 2001, IS GRANTED, and application FCC File No. 0000471626 SHALL BE REFERRED to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch for processing consistent with this Order. This action is taken
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit E -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit E. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • authorization for these stations, it must file new, properly coordinated applications. If Malden wishes to continuing operating these facilities until it receives new authorizations, it must obtain authorization to do so. 7. Ordering Clauses. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the requests for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by Malden R-1 School District on June 27, 2002, ARE DENIED, and application FCC File Nos. 0000942369, 0000942376, 0000942402, 0000942543 SHALL BE DISMISSED. 8. This action is taken under delegated authority pursuant to Sections 0.131 and
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    • relocating existing facilities, and the relevant EA licensees did not object to the waiver request. We conclude that granting Palm Beach a waiver under the circumstances presented is consistent with other General Category waiver decisions. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by the County of Palm Beach, Florida on June 4, 2002 with respect to FCC File No. 0000912467 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a), that the Public Safety
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    • to causes beyond its control. Furthermore, in recognizing that compliance with the broadband PCS construction requirements may be difficult at times, the Commission has stated that, in situations in which the circumstances are unique and the public interest would be served, it would consider waiving the PCS construction requirements on a case-by-case basis. Waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of the rule would be
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    • International Airport, and Newark International Airport. Metro Telecom requests a waiver of Section 22.805 of the Commission's Rules, 47 C.F.R. � 22.805, which governs the allocation of frequencies for the general aviation air-ground service. Metro Telecom's proposed base stations would transmit on frequencies offset by 12.5 kHz from the 459 MHz frequencies allocated to the general aviation air-ground service. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
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    • businesses owned by members of minority groups and women. See Gabriel's Waiver Request at 1, 4; Golden Arrow's Waiver Request at 1; SelectPath's Waiver Request at 3, 5; UHF's Waiver Request at 3, 5. Pinpoint Communications, Inc., Order, 14 FCC Rcd 6421 (PSPWD 1999) (``Pinpoint''). PCS Partners, L.P., Order, 16 FCC Rcd 4738 (CWD 2001) (``PCS Partners''). 47 C.F.R. � 1.925(b)(3). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2382 � 197 (1994). See Auction of Licenses for Lower and Upper Paging Bands: 193 Qualified Bidders, Public Notice, 16 FCC Rcd 18575 (2001). The Commission's rules required, that within ten business days after the release of the Closing PN
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • reduction from six to four channel pairs would preclude it from operating a trunked system. As the frequencies in question are not designated for public safety use, Fort Lee's proposal necessitates a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's Rules. Fort Lee seeks such a waiver pursuant to Section 337(c) of the Act and Section 1.925 of the Commission's Rules. In connection with the instant request, Fort Lee has represented that, upon the implementation of its new system, it would surrender for cancellation its existing authorizations to operate on 155.6700 MHz and 155.9850 MHz, designate 155.6100 MHz, 154.4450 MHz, 154.3550 MHz, 154.2800 MHz, 153.8300 MHz, and 33.8600 MHz for interoperability purposes through the elimination of day-to-day
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    • may not be obtained absent a waiver of Section 87.173(b) of the Commission's Rules. However, the Commission has released a Notice of Proposed Rule Making to review the Aviation Radio Service rules and seeks comment on whether to permit the certification of dual spacing transceivers for aircraft also operating in countries which employ 8.33 kHz channel spacing. DISCUSSION . Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • to demonstrate that grant of a waiver of Section 101.81 of the Commission's Rules is warranted under the circumstances presented. We therefore deny its requests for a waiver of Section 101.81 of the Commission's Rules. V. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Requests of Teton Communications, Inc., filed September 26, 2001, ARE DENIED. 8. IT IS FURTHERED ORDERED that applications FCC File Nos. 0000604062, 0000604080 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division for processing consistent with this Order and
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    • a waiver of the Commission's interference protection rules. Therefore, because Shell has not met the Commission's criteria for granting a waiver in the instant case, its waiver request will be denied, and its application will be dismissed. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 22.567 of the Commission's Rules, 47 C.F.R. �� 1.925, 22.567, the request for waiver filed on March 12, 2001 by Shell Chemical Company IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.934(d)(2) and 22.567 of the Commission's Rules, 47 C.F.R. �� 1.934(d)(2),
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    • public safety activities does not justify a lesser degree of diligence in complying with our renewal procedures.'' Thus, we deny Spofford and Jaffrey's request for a waiver to permit late renewal of their licenses. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by Town of Jaffrey, New Hampshire, and Spofford Fire District, on September 5, 2001, IS DENIED, and applications FCC File Nos. 0000583849 and 0000583853, ARE DISMISSED. This action is taken under delegated authority pursuant to Sections
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    • current rules allowing for two automatic 90 day grace periods, it did not extend the date upon which the payment was due and payable to the Commission. In other words, the last day of the 180 day grace period did not become the due date of the payment. Petition at 3. Id. at 2-3. Petition at 2. 47 CFR � 1.925. Letter from Margaret Wiener, Chief, Auctions and Industry Analysis Division, to Russell H. Fox, Esq. and Russ Taylor, Esq., DA 01-1319 (rel. June 1, 2001) (``[t]he existence of a potential assignee does not negate the licensee's failure to comply with the Commission's rules.''); see also In the Matter of Southern Communications Systems, Inc., Request for Limited Rule Waiver to Comply
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    • request an extension to comply with the 25 percent coverage requirement, we will address the sufficiency of the extension request. Pursuant to sections 1.946(e) and 24.843(b) of the Commission's rules, an extension of time to complete construction will be granted if the licensee shows that the failure to complete construction is due to causes beyond its control. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • waiver authority. SAG also contends that NRTC's situation was not unique, and that all Phase II Regional licensees should have the option of serving geography instead of population. Our decision not to place NRTC's Waiver Request on public notice was within the permissible scope of the Commission's waiver authority. Seeking comment on waiver requests is a discretionary procedure under Section 1.925(c) of the Commission's rules. Further, we note that the MO&O itself provided notice of the waiver request to the industry. SAG's argument that the MO&O was an inappropriate exercise of the Commission's waiver authority is therefore without merit. In addition, SAG has failed to demonstrate that the relief granted to NRTC should be extended to all Phase II Regional licensees.
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    • notice. In response, a total of five comments and four reply comments were filed. Of these commenters, six parties supported grant of a waiver. One party, OnStar Corporation (``OnStar''), recommended that Cingular's waiver request be granted with respect to urban areas, but denied with respect to rural areas. AirCell, Inc. opposed grant of Cingular's waiver request. DISCUSSION Pursuant to section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) in light of unique or unusual factual circumstances, application of
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • request. In this instance, therefore, we conclude that the proposed modification would have no adverse impact on public safety systems, and that grant of the requested waiver would not undermine the underlying purposes of the inter-category freeze. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the application and request for waiver filed by Fisher Ranch, on May 3, 2001 IS GRANTED, and application FCC File No. C032585 SHALL BE REFERRED to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch for processing consistent with this Order. This action is taken under
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-659A2_Erratum.doc
    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • KNKI817 is not resolved.'' We clarify that the Branch's action in granting Kittitas's request for a transfer control was not a grant of the renewal application and, accordingly, the transferee remains subject to our disposition of Kittitas's Petition and Waiver Request as it relates to the status of call sign KNKI817. 11. We now consider Kittitas's Waiver Request. Under section 1.925 of the Commission's rules, a waiver may be granted if it is shown that (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances of
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    • Reese did not permanently discontinue service in violation of Section 90.631(f). Because we conclude the rule does not apply in this instance, we dismiss Reese's request for waiver as moot. IV. Ordering Clause Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 0.331, 1.925 and 90.631(f) of the Commission's Rules, 47 C.F.R. �� 0.331, 1.925, 90.631(f), the Waiver Request filed on December 13, 2000 by Reese Telecommunications Inc. IS DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau Reese Telecommunications, Inc. Request for Waiver filed December 13, 2000. Reese filed a Supplemental Memorandum in
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    • states that in 1996 it released frequencies to Sprint PCS and acquired new 6 GHz stations (WPNC410 and WPNC411). In this connection, the County explains that the 1999 cancellation request was based on a mistaken belief that Stations WEH444 and WEH445 covered frequencies that were released to Sprint PCS and/or superseded by Stations WPNC410 and WPNC411. DISCUSSION Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • 9, 11; Petition Supplement at 2. Petition at 9-11; Petition Supplement at 2. The length of time from the Commission's release of the 218-219 MHz Order to the Commission's consent to the assignment applications for the licenses at issue in U.S. Telemetry's Petition is approximately 15 months, not 18 months, as U.S. Telemetry asserts. Petition at 11. 47 C.F.R. � 1.925. 218-219 MHz Order, 15 FCC Rcd at 1499, � 2 and 1520, �� 37-38; see Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Second Order on Reconsideration of the Report and Order and Memorandum Opinion and Order, 15 FCC Rcd 25020, 25027, � 12 (2000) (``Second Order on Recon''). Second Order
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    • complete construction is due to causes beyond its control. Moreover, in recognizing that compliance with the broadband PCS construction requirements may at times be difficult, the Commission has stated that, in situations in which the circumstances are unique and the public interest would be served, it would consider waiving the PCS construction requirements on a case-by-case basis. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
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    • 00-2037 (rel. Sept. 6, 2000) (Closing PN). The waiver request was attached as Exhibit F to Silver Palm's long-form application. See File No. 0000233574, Exhibit F (Waiver). 47 C.F.R.�1.2107(c). See Waiver at 1. See id. at 2. Id. Id. Id. See In the Matter of Application of Pinpoint Communications, Inc., Order, 14 FCC Rcd 6421 (PSPWD 1999) (Pinpoint). 47 C.F.R. �1.925(b)(3). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, PP Docket No. 93-252, 9 FCC Rcd 2348, 2382 (1994). See Public Notice, ``Auction of Licenses for 800 MHz Specializes Mobile Radio (SMR) Service in the General Category Band (851-854 MHz) and Upper Band (861-865 MHz), 26 Qualified Bidders,'' DA 00-1788 (rel. Aug. 7,
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    • August 10, 1998, to April 17, 2002. Any unjust enrichment payments are assessed in the Commission's action on the underlying assignment applications. See Wireless Telecommunications Bureau Conditions Grant of Assignments of Licenses from Subsidiaries of Winstar Communications, Chapter VII Debtors, to Winstar Spectrum, LLC, a Subsidiary of IDT Corporation, Public Notice, DA 02-895 (rel. April 17, 2002). 47 C.F.R. � 1.925. See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, Memorandum Opinion and Order, 14 FCC Rcd 20453 (1999) (``Omnipoint Order'') (upholding a Division order denying Omnipoint's petition for waiver of the Commission's size-based bidding credit eligibility rule for C block licenses, the Commission noted that it had previously determined that the unjust enrichment
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    • licenses have been constructed in a timely manner. Only those stations which are constructed or have been constructed in a timely manner will be permitted to be assigned to New Winstar Spectrum. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, 47 C.F.R. �� 1.925, 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d), the Request for Waiver filed on January 10, 2002 by Winstar Wireless Fiber (debtor-in-possession) and Winstar Spectrum, LLC IS GRANTED, IN PART, and DENIED, IN PART, to the extent stated herein. This action
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    • instant case, and grant of the requested waiver would be in the public interest. In addition, in view of the particular circumstances, application of the rule would be inequitable and unduly burdensome. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 101.141(a)(3) of the Commission's Rules, 47 C.F.R. �� 1.925, 101.141(a)(3), Kentucky Power Company's Request for Waiver filed on August 6, 2001 IS GRANTED, and the associated application, FCC File No. 00000550346, WILL BE REFERRED to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch for further processing consistent with this Order. This action is taken under
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    • Circuit rejected petitioners' claim that the Commission had unlawfully modified their licenses, but remanded the case to the Commission to further explain certain of the technical grounds for its decision. The remand is currently pending before the Commission, and will be addressed separately. Therefore, we do not seek comment on remand issues in this Public Notice. See 47 C.F.R. � 1.925(a)(3). See In the Matter of Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, FCC 01-345 (rel. Nov. 29, 2001); see also FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, DA 01-2919 (rel. Dec. 14, 2001). See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg.
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    • under Part 80 of the Commission's Rules. Specifically, McMurdo seeks waiver of the applicable Part 80 provisions governing the frequency, power standards, and battery requirements of personal EPIRBs for personnel that have fallen overboard from a vessel. On December 28, 2001, we sought comment on McMurdo's waiver request. One party filed comments; it supported McMurdo's request for waiver. Discussion. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • new application seeks authorization to operate on frequencies 6735 MHz, 6755 MHz, and 19015 MHz. The Waiver Request merely states that San Diego seeks a waiver of Section 101.147(r) of the Commission's Rules ``to retain `primary' status for this application. This site was previously licensed under FCC call sign WJY47, which we mistakenly allowed to expire.'' DISCUSSION Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • application, and the Licensing Branch dismissed Monroe's application on December 31, 2002. In response to the dismissal, Monroe filed its Second Petition requesting that his application be returned to pending status. discussion We grant Monroe's Petition for Partial Reconsideration and request for waiver of the filing deadline for renewal applications because of the unique facts in this case. Under Section 1.925 of the Commission's rules, we may grant a waiver request if: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances of the instant case,
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    • prohibition frustrates the purpose of the AMTS rules or that there are unique or unusual circumstances present, we also deny his request to waive the Commission's rules in order to permit provision of such service. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.2 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.2, 1.925, the petition for declaratory ruling or, in the alternative, rule waiver filed by Warren C. Havens on October 7, 2002 is DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief,
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    • comments were filed opposing Jersey City's request. Jersey City filed reply comments on October 29, 2002. As the frequencies in question are not designated for public safety use, Jersey City requires a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's Rules. Jersey City seeks such a waiver, pursuant to Section 337(c) of the Act and Section 1.925 of the Commission's Rules, to use the frequencies. In connection with the instant request, Jersey City has represented that, upon the implementation of its new system, it would surrender for cancellation its existing authorizations to operate on 039.0600 MHz, 048.2000 MHz, 154.6800 MHz, 155.0250 MHz, 155.0850 MHz, and 155.4750 MHz, provided that these channels are not required for interoperability with
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    • Section 90.261(c) limits the base transmitter antenna to unity gain. The District requests a waiver of this rule section to use gain antennas in order to adequately serve the intended service area. The District submitted contour overlap analyses of incumbent co-channel and adjacent channel stations. The District believes that its requests meet both prongs of the waiver standard of Section 1.925(b)(3). Under the first prong, the District argues that grant of the requested waiver will not undermine the fundamental purpose served by the rules to prevent fixed operations from interfering with land mobile operations. The District believes that with no co-channel users in the area, no interference is anticipated based on the requested power levels. The District argues that a grant
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    • office), aff'd, Order on Reconsideration, 15 FCC Rcd 10251 (WTB PSPWD 2000). 47 C.F.R. � 1.934(a). See Amendment of Section 1.937 of the Commission's Rules Concerning Repetitious or Conflicting Applications, Notice of Proposed Rule Making, WT Docket No. 02-57, 17 FCC Rcd 5628, 5630 � 5 (2002). See Goosetown, 16 FCC Rcd at 12794-95 � 7 (2001). 47 C.F.R. � 1.925(b)(3). Federal Communications Commission DA 03-1180 Federal Communications Commission DA 03-1180 ) � � � hh hy hy hy hh hh hh hy # � y h �
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    • ``DOJ normally approves its form settlement agreement quickly.'' Poplar also claims that grant of its waiver request would serve the public interest, because it would allow Poplar to use its Auction No. 35 deposits ``to focus its build-out on the predominately rural licenses held by its affiliates, which will ultimately ensure service to areas clearly lacking wireless service.'' Under Section 1.925 of the Commission's rules, the Commission may grant a waiver request if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual
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    • steps to avoid future occurrences because the Commission does not routinely grant such waiver requests. In this connection, we note that St. Joseph's has indicated that it has implemented procedures to ensure timely filings in the future. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request filed by Saint Joseph's Medical Center of Stockton on November 15, 2002 in connection with its application to renew its authorization for Station KWE378 IS GRANTED IN PART with respect to frequency 453.075 MHz, and DENIED in all other respects. IT IS FURTHER ORDERED that the Public Safety and
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    • that its operations on frequency 465.675 MHz do not cause interference to any existing licensee. Consequently, we reserve the discretion to revisit the continuation of such authority should we receive complaints from other licensees in the future. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.35(c) of the Commission's Rules, 47 C.F.R. �� 1.925, 90.35(c), the Request for Waiver filed on April 23, 2002 by General Communications, Inc. IS GRANTED to the extent indicated, and the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch SHALL PROCESS application FCC File No. 0000720697 in accordance with this Order. This action is taken under
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    • calculate the bidding credit amount for automatically, according to the size (in square kilometers) of the tribal territory, and in compliance with the bidding credit limit. See 47 C.F.R. � 1.2110(f)(3)(iii), (iv). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • for Waiver - Expedited Action Requested (April 16, 2003) (``Request''). See also Letter to Gary Michaels, Chief, Legal Branch, Auctions and Industry Analysis Division, from Sara F. Leibman, Mintz Levin Cohn Ferris Glovsky and Popeo, P.C. , Re: Jeff Scott Cofsky d/b/a Texas License Consultants; Supplement to Waiver Request (May 1, 2003) (``Supplement''). 47 C.F.R. � 1.2106(c). 47 C.F.R. � 1.925. ``Lower and Upper Paging Bands Auction Scheduled for May 13, 2003; Notice and Filing Requirements, Minimum Opening Bids and Other Procedural Issues,'' Public Notice, 17 FCC Rcd 27799, 27813 (2002) (``Auction No. 48 Procedures Public Notice''). Auction No. 48 Procedures Public Notice, 17 FCC Rcd at 27822. Request at 10. Id. at 2. Id. Id at 3. Id at 2.
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    • 21, 2003 at 6:50 p.m. (``Waiver Request'') See Auction of Licenses for Lower and Upper Paging Bands Auction Scheduled for May 13, 2003, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 17 FCC Rcd 27,799 (2002), 68 Fed. Reg. 6151 (``Auction No. 48 Procedures Public Notice''). 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.925. Auction No. 48 Procedures Public Notice, 17 FCC Rcd at 27,813, 27,821 . Id., at 27,821. Id. Access to the Commission's Auction systems was unavailable from 5 PM on Saturday, March 8, 2001 until 9 AM on Sunday, March 9, 2003 to facilitate necessary maintenance. 47 C.F.R. � 1.2105(a)(1). See Implementation of Section 309(j) of the Communications Act - Competitive
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    • 2; Litchfield Petition at 2. CPK Petition at 4; Litchfield Petition at 4. CPK Petition at 4; Litchfield Petition at 4. CPK Petition at 3; Litchfield Petition at 3. CPK Petition at 3; Litchfield Petition at 2. CPK Petition at 3; Litchfield Petition at 3. CPK Petition at 3; Litchfield Petition at 3. 47 C.F.R. � 1.3. 47 C.F.R. � 1.925(b)(3)(ii). See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969)). Verizon Wireless's Petition for Partial Forbearance From Commercial Mobile Radio Services Number Portability Obligation and Telephone Number Portability , WT Docket No. 01-184, CC Docket No. 95-116, Memorandum Opinion and Order, 17 FCC Rcd 14972,
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    • block licenses that were unsold in Auction No. 44. Auction No. 49 is scheduled to begin on May 28, 2003. Discussion. We do not agree with Banks's claims that the public interest would be served by granting Banks's request and offering the Boise Licenses to Banks at its second-highest bids. Banks seeks a waiver of Section 1.2109(b) pursuant to Section 1.925(b)(3) of the Commission's rules. Under Section 1.925(b)(3), an argument that a waiver would be in the public interest is not sufficient grounds for a grant unless the applicant also shows that grant would be consistent with the purpose of the rule(s) or that unique or unusual circumstances are involved. For the reasons discussed below, we find that Banks has not
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    • period resulted in the automatic cancellation of a license without further action by the Commission. In accordance with the Commission's rules, Tel-Com is in default and the licenses automatically cancelled for failure to pay the installment payment obligations by April 29, 1999. Accordingly, Tel-Com's Waiver Requests are denied. This action is taken pursuant to authority delegated by Sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925. Sincerely, Margaret W. Wiener Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Letter from Gerald S. Rourke, Esq., Counsel for Tel-Com Wireless Cable TV Corp., to Magalie Roman Salas, Secretary, Federal Communications Commission, dated April 29, 1999 (``April 29th Letter''); Letter from Gerald S. Rourke, Esq., Counsel for Tel-Com Wireless
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    • action serves the public interest in that it will enhance the effectiveness of Interstate's critical response system. Granting the requested waivers will enable the use of state-of-the-art technology for utilizing spectrum, thus, serving the Commission's goal of spectrum efficiency. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925, 1.946(e), and 90.629 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.946(e), 90.629 of the Commission's Rules, the Requests for Waiver filed by Interstate Power and Light Company on November 27, 2002, ARE GRANTED, and applications FCC File Nos. 0001104499-0001104505 SHALL BE REFERRED to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch, for processing consistent with
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    • are won in the same market, the winning bid amounts for the spectrum blocks serving tribal lands will be aggregated and the bidding credit limit will be applied against the aggregated amount. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • a remote area that is unlikely to become further developed and experience greater frequency demands. Moreover, grant is in the public interest, because it will facilitate the safe and efficient production and transmission of electric power to Minnesota Power's customers. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), Sections 1.925, 101.141(a)(3), and 101.147 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.141(a)(3), and 101.147, the requests for waiver filed by Minnesota Power, Inc., on May 23, 2002, IS GRANTED, and application FCC File No. 0000898197 SHALL BE REFERRED to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch, for processing consistent with this Order. This action is
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    • a ``fireground'' channel on 458.7125 MHz, and mutual aid communications frequencies 46.10 and 46.12 MHz. Syosset requests a waiver of Section 22.621 of the Commission's Rules, 47 C.F.R.�� 22.621, and any other Commission rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act, as amended, 47 U.S.C. � 337(c), or, in the alternative, Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Section 337(c) of the Act states that the Commission shall grant an application by an entity seeking to provide public safety services to the extent necessary to permit the use of unassigned frequencies, if the Commission makes five specific findings: (1) no other spectrum allocated for public safety use is immediately available;
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    • or would be frustrated, by application in this particular case, and that grant of the requested waiver would be in the public interest; or (ii) that the unique facts and circumstances of this particular case render application of the rule inequitable, unduly burdensome or otherwise contrary to the public interest, or that Charleston has no reasonable alternative. 47 C.F.R. � 1.925. See Patterson, 354 F. 2d at 331 (stating that one of the Congressional purposes of the Anti-Assignment statutes is to advance the ``policy of preventing multiple litigation and piecemeal adjudication.''). 47 C.F.R. � 0.331. Mr. Jay N. Lazrus, Esq. June 16, 2003 Federal Communications Commission Washington, D.C. 20554 M N P b q y h� h h h� h h
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    • fails to meet the requirements of section 24.203, unless the Commission grants an extension request or waives the PCS construction requirements. Accordingly, without grant of extension of time or a waiver of the PCS construction rule, the subject license for the Corbin BTA automatically terminated as of the April 28, 2002 construction deadline. Waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would
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    • is in the public interest and the underlying purpose of the rule would be frustrated or not served by application to the present case, or (b) in view of unique or unusual factual circumstances, application of the rule would be inequitable, unduly burdensome, or contrary to the public interest, or the applicant has no reasonable alternative. See 47 C.F.R. � 1.925. Id. ULS MO&O, 14 FCC Rcd 11485-86 � 22. If a licensee holds call signs which are associated with different FRNs, the licensee must file a separate application for each FRN. Call signs associated with multiple FRNs may not be filed on a single application. This form is available at http://wireless.fcc.gov/csinfo/orderfrm.html. See 47 C.F.R. � 1.931. Section 1.931 of the
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    • are won in the same market, the winning bid amounts for the spectrum blocks serving tribal lands will be aggregated and the bidding credit limit will be applied against the aggregated amount. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • in filing, the reasons for the failure to timely file, the potential consequences to the public if the license should terminate, and the performance record of the licensee. An initial requirement for grant of a late-filed renewal application is the filing of a renewal application pursuant to Section 1.949 of the Commission's Rules and a waiver request pursuant to Section 1.925 of the Commission's Rules. Zappia filed neither. Consequently, we agree with LTAB that Zappia did not submit the materials necessary for the relief he now seeks. Because the license had expired, LTAB correctly denied Zappia's motion to correct the Commission's records. We therefore deny the petition for reconsideration. Nonetheless, we note that Zappia could still file a renewal application and
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit " " " " Z n " (R) � � � � � � (R) � � � � " " Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of GENUITY SOLUTIONS, INC. Request for Waiver and Extension of the Filing Deadline for Private Microwave Industrial/Business Pool Construction Certification pursuant to Sections 1.925 and 101.23 of the Commission's Rules, as Amended ) ) ) ) ) ) ) ) ) File Nos. 0001142864, 0001142865 Adopted: January 28, 2003 Released: January 29, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction We have before us a request for waiver of Section 101.63 of the Commission's Rules, 47 C.F.R. �
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    • Improvement Act of 1996''). Waiver Request at 1; Supplemental Request at 1. Jung on Jung does not assert that it lost facilities during the September 11, 2001 events, rather, Jung on Jung blames its financial problems on its business location being within 20 miles of the collapsed World Trade Center and the subsequent downturn in the economy. 47 C.F.R. � 1.925. 47 U.S.C. � 309(j). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd. 2348 � 70 (1994) (``Competitive Bidding Second Report and Order''). Southern Communications Systems, Inc., Request for Limited Rule Waiver to Comply with PCS Installment Payment for C Block Licenses in the Cleveland, TN BTA,
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    • all parties to the application, will come into compliance with Section 101.1412(a) of the Commission's rules relating to eligibility restrictions for cable operators. Applicants wishing to submit additional information should also include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • Rcd 16,705 (1998). Consequently, the current licenses authorize GLH to use 15 megahertz even though Chase's original licenses authorized use of 30 megahertz. Request at 4-5. Id. at 5. Id. at 5. Id. at 4. Id. at 5. Id. at 5. See 47 C.F.R. � 1.2110(g)(4)(iv); Request at 6. Request at 6. Id. at 5. Id. at 7. 47 C.F.R. �1.925. Request at 7. Id. at 13 (discussing NextWave). See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Second Order on Reconsideration of the Second Report and Order, 14 FCC Rcd 6571, 6580, � 14 (1999). See Amendment
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    • Air-Ground band in New York City and the surrounding metropolitan areas.'' Stratophone further alleges that granting the instant Request would interfere with its intention to propose a new Air-Ground system architecture or to supplement its existing service in the future. In response, Metro Telecom filed reply comments that include an engineering study demonstrating that no interference would occur. Discussion Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest. It also provides that a waiver
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    • Date For 218-219 MHz Service, Public Notice, 16 FCC Rcd 4007 (2001); Wireless Telecommunications Bureau Announces Revised Election Date (January 31, 2001) and Amended Eligibility List For 218-219 MHz Service, Public Notice, DA 01-009 (rel. January 3, 2001) (WTB) (``Revised Election Date PN''). Implementation PN, 15 FCC Rcd at 7333. Waiver Request at 1. Supplement at 2. 47 C.F.R. � 1.925. 218-219 MHz Order, 15 FCC Rcd at 1499, � 2 and 1520, �� 37-38; see Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Second Order on Reconsideration of the Report and Order and Memorandum Opinion and Order, 15 FCC Rcd 25020, 25027, � 12 (2000) (``Second Order on Recon''). Second Order
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    • made subject to the condition that NTIA has approved this non-Federal Government use as a policy matter. In addition, our grant of rule waivers related to Federal Government use of non-Federal Government spectrum is subject to the condition that any Federal Government entity that uses the non-Federal Government spectrum must be authorized to do so by NTIA. Pursuant to Section 1.925 of the Commission's Rules, Alaska may obtain a waiver of Sections 2.102(c), 90.173(c), and 90.20(c)(3) of the Commission's Rules if it demonstrates that: (1) the underlying purpose of the rules would not be served or would be frustrated by application to the instant case and that grant of the requested waivers would be in the public interest; or (2) in
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    • 2003, the Wireless Telecommunications Bureau (``Bureau'') placed Syosset's May 2003 application and waiver request on public notice. As the frequencies in question are not designated for public safety use, Syosset requires a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's Rules. Syosset seeks such a waiver, pursuant to Section 337(c) of the Act, or alternatively, Section 1.925 of the Commission's Rules, to use the frequencies. discussion Section 337(c) of the Act provides that we must waive any rules necessary to authorize entities providing public safety services to operate on unassigned non-public safety spectrum, if we make five specific findings: public safety spectrum is not immediately available; the proposed use will not cause harmful interference to protected spectrum
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    • this limited number of ten-second units will result in significant congestion. Accordingly, we grant the petition and extend the waiver period for a period of ninety days from the date of this Order. Ordering Clauses. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.41 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.41, 1.925, the Petition for Clarification filed by Garmin International, Inc. on May 8, 2003, IS GRANTED. IT IS FURTHER ORDERED that the waiver granted to Garmin International, Inc., on September 29, 2000, and subsequently extended on April 12, 2001, and August 21, 2002, IS EXTENDED for a period of ninety days from
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    • were not liable for bid withdrawal payments because higher winning bids were submitted on the withdrawn licenses. On February 26, 2003, Leap filed a similar request. Leap supports T-Mobile's arguments, and requests a refund of its bid withdrawal payment. Discussion. We waive Section 1.2104(g)(1) of the Commission's rules and will refund the withdrawal payments made by VoiceStream and Leap. Section 1.925(b)(3)(i) of the Commission's rules authorizes grant of a rule waiver where the underlying purpose of the rule would not be served by application of the rule in the particular case, and such waiver would promote the public interest. Section 1.2104(g)(1) imposes on withdrawing bidders an obligation to compensate the government for lost revenue resulting from withdrawn bids where no subsequent
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    • and Stations WPQC775, WPQC777, and WPQC778. Consequently, upon further review, we now conclude that it would be inequitable to deny the waiver request, and that granting the request is in the public interest. We therefore grant the waiver request. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communication Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver of Section 90.621 filed by Boyd Gaming Corporation on August 1, 2002, IS GRANTED, and the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch SHALL PROCESS application file no. 0000983470 consistent with this Order and the Commission's Rules. This action is taken under delegated authority
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    • the public interest requires that we maintain the licenses for all the World Trade Center stations in active status ``until such time as the process for the reconstruction and resumption of the Port Authority's communication operations can be completed.'' Discussion. In the 2002 Order, the Division concluded that the Port Authority had met the requirements for a waiver under Section 1.925(b)(3)(ii) of the Commission's Rules in that, in view of unique or unusual factual circumstances (the terrorist attacks on the World Trade Center), strict application of Sections 90.157 and 101.65(b) of the Commission's Rules would be inequitable and contrary to the public interest. The Port Authority argues that the same principles continue to apply, warranting an extension of the waiver for
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    • which no new applications for ITFS applications for the E and F Group channels would be accepted, we conclude that the application is defective pursuant to Section 73.3566 of the Commission's Rules. We therefore dismiss the application. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Waiver filed by Trans Video Communications, Inc., on September 14, 1995 in connection with the captioned application, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 21.30 and 74.912 of the Commission's rules, 47 C.F.R. �� 21.30, 74.912, the Petition to Deny filed by the Grand MMDS Alliance
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    • winning bidder of that license. Consistent with the Commission's rules, OP timely filed a long-form application (FCC Form 601), indicating its intention to seek a tribal lands bidding credit. Subsequently, OP filed the instant request, seeking waiver of section 1.2110(f)(3)(ii) requirement that applicants seeking tribal lands bidding credits submit certifications from applicable tribal authorities prior to license grant. DISCUSSION. Section 1.925 of the Commission's rules permits us to grant a waiver request if it is shown that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or 2) in view of unique or unusual factual
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    • package in Auction No. 51, we will calculate the winning bid on an individual license based upon the ratio of the MHz-pops of the individual license to the MHz-pops of the package. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 180-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • that permanent discontinuance of service is authorized by the Commission, the station license is terminated.'' Central Texas seeks a waiver of this provision or declaratory ruling to permit it to permanently discontinue its present service to San Angelo and Brownwood without its licenses terminating. Discussion. Central Texas argues that a waiver is warranted under both standards set forth in Section 1.925 of the Commission's Rules. Specifically, it argues that application of the rule would not serve the underlying purpose of Section 101.305(b), which was designed to prevent spectrum warehousing, and would be contrary to the public interest by depriving residents of these communities of an alternative to local telephone and high-speed Internet services, which Central Texas intends to resume providing as
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    • are won in the same market, the winning bid amounts for the spectrum blocks serving tribal lands will be aggregated and the bidding credit limit will be applied against the aggregated amount. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 180-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • Fort Myers Beach, Florida, approximately fifty miles to the north. Isles of Capri argues that the Section 80.215 power limits do not permit sufficient power to communicate with the boaters that are five miles offshore or with the USCG station. Therefore, it requests that we permit it to operate hand-held and mobile radios with fifty watts output power. Discussion. Section 1.925 of the Commission's Rules provides that a waiver may be granted if it is shown that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual circumstances
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    • all parties to the application, will come into compliance with Section 101.1412(a) of the Commission's rules relating to eligibility restrictions for cable operators. Applicants wishing to submit additional information should also include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • the subject application for license modification. This action serves the public interest in that it will enable the continuation of critical radio communications for electric distribution and transmission crews in their daily work activities and, especially, for emergency activities. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 90.617 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.617 of the Commission's Rules, the Request for Rule Waiver filed by Duke Energy Corp. on April 18, 2002, IS GRANTED, and application FCC File No. 0000606520 SHALL BE REFERRED to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch, for processing consistent with this Order. This
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    • ability or incentive successfully to charge discriminatory prices in either the Overlap Area or in the Broader Baton Rouge Area. Thus, we find that the proposed transaction does not involve a substantial likelihood of significant competitive harm, and that waiver of the rule is appropriate in these circumstances. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the request for waiver of section 22.942 of the Commission's rules, 47 C.F.R. � 22.942, filed by CenturyTel Wireless, Inc. and CenturyTel, Inc. is GRANTED. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Sugrue Chief, Wireless Telecommunications Bureau 47 C.F.R. � 22.942. See CenturyTel Wireless Inc. and CenturyTel Inc. Petition for Waiver of the
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    • end of the original construction deadline). See In the Matter of FCI 900, Inc. Expedited Request for 3-year Extension of 900 MHz Band Construction Requirements and Neoworld License Holdings, Inc. Request for Waiver of 900 MHz Band Construction Requirements and Petition for Declaratory Ruling, Memorandum Opinion and Order, 16 FCC Rcd 11072 (WTB 2001) (FCI 900/Neoworld Order). 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). See WAIT Radio v. FCC, 418 F.2d 1153 (1969). Id. Specifically, Hilltop states that Station WPNZ964 was authorized for a transmission bandwidth of 6.25 KHz, but that it was not able to find mobile units designed to receive a 6.25 kHz bandwidth signal. Despite Hilltop having constructed base stations, the station is not deemed ``operational'' under
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    • MHz to 136.975 MHz). The listed frequencies are based on 25 kHz spacing. Currently, there is no provision in the Commission's Rules for operating on 8.33 kHz spaced channels as envisioned by the ICAO channel plan. Accordingly, type certification of dual spacing transceivers may not be obtained absent a waiver of Section 87.173(b) of the Commission's Rules. III. DISCUSSION Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • guard band between spectrum allocated for Part 90 (private land mobile radio) and Part 22 (paging control) in the Los Angeles area. Because 470/473.0500 MHz is not designated for public safety use, Burbank requires a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's Rules to use the subject frequency, which Burbank requests herein pursuant to Section 1.925 of the Commission's Rules. In the Los Angeles area, the subject frequency pair (470/473.0500 MHz) is licensed to the City of Pomona (Pomona) for public safety use, and immediately adjacent and offset to frequencies licensed to other public safety entities (as well as Burbank itself) in the Los Angeles area. In this connection, Burbank has coordinated the use of the
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    • an opposition and Petitioners filed a reply. Petitioners also filed a supplement to the Petition on May 7, 2003. discussion As an initial matter, we disagree with Petitioners' claim that the MO&O fails to explain which waiver standard was employed by the Bureau. The statement in the MO&O that ``[g]rant of the Access 220 waiver request thus meets our section 1.925 waiver requirements'' sufficiently makes clear that the waiver request meets the waiver standard under Section 1.925 of the Commission's Rules. Moreover, there is no substantive difference between the waiver standard enunciated under Section 1.925 and Section 1.3 of the Commission's Rules. We also disagree with Petitioners' main argument that the Bureau did not explain why Access 220 ``is entitled to
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    • would be contrary to the public interest because MariTEL could meet it only through the continued construction of its original voice network. On May 7, 2003, we sought comment on MariTEL's request. Comments were received from the United States Coast Guard (Coast Guard), and reply comments were received from MariTEL and the United States Department of Transportation (DOT). Discussion. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should read carefully the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • note that Access Spectrum only opposed Rush's request for extension of time to meet the construction build-out for call sign WPWY753, which was dismissed as moot, and did not specifically oppose AAR requests for waiver of rules restricting use of the subject spectrum to commercial purposes and/or related technical rules. Pursuant to the Commission's rules for processing waiver requests, section 1.925 provides that waivers may be granted based on a showing that the purpose of the rules would not be served, would be frustrated, or that the grant would be in the public interest. Alternatively, an applicant's request for waiver may also be granted if in view of the unique or unusual factual circumstances of the instant case, application of the
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    • the California Attorney General's Office has determined that LAX is the location in California most susceptible to a terrorist attack. On May 22, 2003, LAWA further supplemented its waiver request with a letter of support of LAWA's modification application by the Transportation Security Administration. On February 19, 2004, LAWA provided further justification for its waiver request. Discussion. Pursuant to Section 1.925 of the Commission's Rules, we may grant a request for waiver if it is shown that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • must consider all the facts and circumstances. In the instant case, and for the reason previously stated, we are not persuaded that Columbus Police Department's arguments merit renewal of its license nunc pro tunc. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949 filed by Village of Columbus Police Department, on May 5, 2003, IS DENIED, and application FCC File No. 0001301769, IS DISMISED. This action is taken under delegated authority pursuant to Section 0.131 and 0.331 of the Commission's
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    • of the upfront payment requirement for Auction No. 53 is denied. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau FCC Form 175 Application of Douglas Thomas dated November 12, 2003, Exhibit E. 47 C.F.R. � 1.2106 (c). 47 C.F.R. � 1.925. 47 C.F.R. � 1.2106 (a). The Commission has delegated to the Wireless Telecommunications Bureau (the ``Bureau'') the authority and discretion to determine appropriate upfront payments for each auction. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-5698,
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    • the Commission. Petitioners agree to the terms of the AirCell Orders, including operation of the AirCell mobile units on a secondary basis, and assert that the legal basis, unique circumstances, and public interest benefits are identical to those that supported and justified the AirCell Orders and the AirCell Waiver Orders. Accordingly, the Wireless Telecommunications Bureau, pursuant to sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, grants the requests of AirCell, Inc., Plateau Communications, Inc., and Cable & Communications Corporation dba as Mid-Rivers Cellular for waiver of section 22.925 of the Commission's rules, 47 C.F.R. � 22.925, subject to the terms and conditions set forth in the AirCell Orders and the AirCell Waiver Orders and as those
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    • new mobile relay operations under the license for Station WPVN968 cause no interference to any existing licensee. Consequently, we reserve the discretion to revisit the continuation of such authority should we receive complaints from other licensees in the future. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by the BP Exploration, Inc., on August 15, 2003, IS GRANTED, on the condition that its operations cause no harmful interference to any existing license. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL
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    • the default rules where an applicant has failed to make its initial down payment. Lastly, the Branch noted the Commission's well-established policy that a third party's failure to perform in accordance with a business agreement is not an unusual circumstance warranting grant of a waiver of the Commission's Rules. On November 2, 2001, AirCom filed the instant Petition. discussion Section 1.925 of the Commission's Rules provides that waivers will not be granted unless the petitioner affirmatively shows that either a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of a waiver would be in the public interest; or b) in view of unique or unusual circumstances, application
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    • operations do not cause interference to any adjacent channel interoperability communications after January 1, 2005. Consequently, we reserve the discretion to revisit the continuation of such authority should we receive complaints from other public safety licensees in the future. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by the Kern County, California with respect to FCC File Numbers 0001297806, 0001311298 and 0001311456 IS GRANTED on the CONDITION that KCC's operations on the locations and frequencies added by the subject modifications will be authorized on a secondary, non-interference basis to adjacent-channel public safety interoperability communications.
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    • in that it will provide ConocoPhillips with a greater degree of control over the frequencies it uses to ensure that its petroleum operations are conducted in a manner that best protects public safety, company personnel and the natural environment. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Rule Waiver filed by ConocoPhillips Communications, Inc., on July 28, 2003, IS GRANTED, and application FCC File No. 0001397231 SHALL BE PROCESSED consistent with this Order. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL
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    • January 31, 2003 filing that, if necessary, they would ``would work diligently to have the equipment in place by February 1, 2004,'' thereby reducing the extension request to one year. II. DISCUSSION We deny Licensees' request because we do not find that the Licensees have met the Commission's waiver standard. Pursuant to the Commission's rules for processing of waivers, section 1.925 provides that waivers may be granted based on a showing that the purpose of the rules would not be served, would be frustrated, or that the grant would be in the public interest. Alternatively, an applicant's request for waiver may also be granted if in view of the unique or unusual factual circumstances of the instant case, application of the
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    • to causes beyond its control. Furthermore, in recognizing that compliance with the broadband PCS construction requirements may be difficult at times, the Commission has stated that, in situations in which the circumstances are unique and the public interest would be served, it would consider waiving the PCS construction requirements on a case-by-case basis. Waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of the rule would be
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    • 15, 2002; City of Crystal Lake Request for Waiver (filed April 15, 2002, as amended). The Waiver Request was attached as an exhibit to the application. See FCC File No. 0000858635, Automated Letter Information Ref. No. 1458336 (June 13, 2002) (Branch Letter). 47 C.F.R. �� 101.147(f)(3), 101.109(c), 101.115. See Branch Letter citing 47 C.F.R � 101.147(f). See 47 C.F.R. � 1.925. Petition to Deny filed by WGBO License Partnership, G.P. (WGBO), on Nov. 22, 2002. filed a Petition to Deny the above-captioned application. WGBO alleges that Crystal Lake's application was not properly coordinated and that the proposed transmitter would be inside the 104.6 km. (65 mi.) protected contour of its TV Remote Pickup Station KC-26254. 47 U.S.C. � 405. 47 U.S.C.
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    • would not be in the public interest)). Petition at 2-11. Petition at 6; Waiver Request at 7. Petition at 11-13. Waiver Request at 5. Waiver Request at 2; Petition at 4. Waiver Request at 3; Petition at 3-4. Waiver Request at 3-4; Petition at 5-6. Petition at 6. Vista Order at 12433-12435 (applying the waiver criteria of 47 C.F.R. � 1.925). Id. at 12433-12434. An entity requesting a waiver must demonstrate that either (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application in the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual circumstances in the instant
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    • impact on public safety systems, and that grant of the requested waiver would not undermine the underlying purposes of the inter-category sharing freeze. We also believe that granting a waiver under these circumstances is consistent with precedent. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.617 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.617, the Request for Waiver filed by Central Maine Power Company IS GRANTED and application FCC File No. 0000660096 SHALL BE REFERRED to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch for processing consistent with this Order. This action is taken under delegated authority pursuant to
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    • circumstances presented. This Order grants Miami Beach's Request and permits the processing of the subject application for license modification. This action serves the public interest in that it will improve the coverage of the City's public safety radio system. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 90.617 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.617 of the Commission's Rules, the Request for Rule Waiver filed by the City of Miami Beach, Florida, on April 18, 2002, IS GRANTED, and application FCC File No. 0000606520 SHALL BE REFERRED to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch, for processing consistent with
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • its station at a distance within 88 kilometers (55 miles) of an existing co-channel station. Finally, Section 90.621(b)(5) permits separation between co-channel systems to be less than 113 kilometers (70 miles) if the applicant obtains consent from any affected incumbent co-channel licensee indicating that the incumbent licensee will accept any interference resulting from the short-spacing. Pursuant to Sections 1.3 and 1.925 of the Commission's rules, High Tech seeks waiver of several rule sections pertaining to EA and site-specific license operations on Channel Block A in the 800 MHz SMR bands. Section 1.3 permits waiver of Commission rules for good cause shown. Under Section 1.925, the Commission may grant a waiver request if it is shown that: (1) the underlying purpose of
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    • to causes beyond its control. Furthermore, in recognizing that compliance with the broadband PCS construction requirements may be difficult at times, the Commission has stated that, in situations in which the circumstances are unique and the public interest would be served, it would consider waiving the PCS construction requirements on a case-by-case basis. Waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of the rule would be
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    • transmitters in the Cellular Radiotelephone Service had to be vertically polarized. The elimination of the vertical polarization rule became effective on February 18, 2003. 3. Because section 22.367(a)(4) was eliminated, we dismiss both Petitions as moot. 4. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i) and sections 0.131, 0.331, 1.925 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, and 1.925, the Petitions for Waiver filed by Triton PCS License Company, L.L.C., on March 22, 2002, and AT&T Wireless Services, Inc., on April 12, 2002 are DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Roger S. Noel Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau See Triton PCS License Company, L.L.C., Petition
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    • in the Alternative, for a Declaratory Ruling, Memorandum Opinion and Order, 15 FCC Rcd. 9622 (2000), pet. for review granted in part, denied in part, sub nom. AT&T Wireless Services, Inc., v. FCC, 270 F.3d 959 (D.C. Cir. 2001). As noted above, the waiver continues in force as a result of the Bureau's Pleading Suspension PN. See 47 C.F.R. � 1.925(a)(3). See In the Matter of Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, FCC 01-345 (rel. Nov. 29, 2001); see also FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, DA 01-2919 (rel. Dec. 14, 2001). See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg.
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    • city agencies have coverage over well-defined, fixed, jurisdictions, which indicates that compatible use of the offset channels could be successful over a long period of time. In this connection, Florida states that the above-captioned applications seek authority to operate on a primary basis. On April 5, 2002, we released a Public Notice seeking comment on Florida's Waiver Requests. DISCUSSION Section 1.925 of the Commission's Rules specify that in order to obtain a waiver of the rules a petitioner must demonstrate that (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case and that grant of the requested waiver would be in the public interest; or (2) in view of unique
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit � DA 03-798 March 17, 2003 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON AN ASSIGNMENT OF AND A REQUEST FOR EXTENSION OF TIME TO CONSTRUCT A 220 MHz NATIONWIDE COMMERCIAL LICENSE Petitions/Comments Due: April 17, 2003 Oppositions Due: April 28, 2003 Replies Due: May 5, 2003 Pursuant to sections 1.3 and 1.925 of the Commission's rules, the Wireless Telecommunications Bureau (``Bureau'') seeks comment on an application filed by Rush Network Corp. (``Rush Network'') and the Association of American Railroads (``AAR'') to assign the 220-222 MHz (``220 MHz'') nationwide, commercial Phase I license, call sign WPWY753 (``License'') from Rush Network to AAR. The Bureau also seeks comment on a related request for extension
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    • of no more than 2 watts ERP, which is well below the smallest listed power of 35 watts corresponding to a distance of 241 km (150 mi) in the co-channel distance table. Chevron submitted an engineering statement that illustrates interference protection to the Grade B contours of both TV stations. Using the first prong of the waiver standard of Section 1.925(b)(3), Chevron argues that grant of the requested waiver will not undermine the fundamental purpose served by five of the six rules in question, and that the grant would be in the public interest. With respect to Section 90.173(m), Chevron states that use of a single 50 kHz channel pair at each location is a more spectrally efficient approach than the
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    • affordable and reliable communications equipment can be developed and manufactured. It states that it intends to again utilize the licenses to provide voice, data, and video services to customers in San Angelo, Brownwood, and Goldthwaite, Texas as soon as reliable and cost effective equipment becomes readily available. It contends that this waiver is warranted under standards set out in Section 1.925(b)(3) of the Rules, which provides that ``The Commission may grant a request for waiver if it is shown that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and the a grant of the requested waiver would be in the public interest; or (ii) In view of unique
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    • a public safety user without compromising or frustrating the underlying purposes of the inter-category sharing freeze. It also facilitates the provision of service by Nextel in its EA in accordance with Section 90.699 of the Commission's Rules. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the requests for waiver filed by the City of Chicago on November 28, 2001 for Station WNDW413; March 22, 2002 for Station WPFY219; and March 22, 2002 for Station WPFY216 ARE GRANTED, and applications FCC File Nos. 0000821295, 0000821357, and 0000672433 SHALL BE REFERRED to the Public Safety and
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    • Telecommunications Bureau: introduction We have before us an application and waiver request filed by the City of El Segundo, California (El Segundo) for authority to operate a public safety radio system in the Los Angeles metropolitan area on six frequencies designated for non-public safety use. Pursuant to Section 337(c) of the Communications Act, as amended (``the Act'') or, alternatively, Section 1.925 of the Commission's Rules, El Segundo seeks a waiver of Section 22.621 of the Commission's Rules to permit it to use certain Part 22 paging frequencies. As set forth below, we conclude, based on the record before us, that El Segundo has not made the required showings under Section 337(c) of the Act or Section 1.925 of the Commission's Rules.
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    • (NIFC), a Federal entity which coordinates responses to major fires and other emergencies in the United States, to use his VPC frequencies until he commences operations. On May 7, 2003, we sought comment on Havens's request. Comments were received from MariTEL, Inc. (MariTEL) and the Wyoming Department of Transportation (Wyoming DOT), and reply comments were received from Havens. Discussion. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of
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    • considered to be in default on its installment payment obligations, and its license automatically cancels. Accordingly, in order to avoid automatic cancellation of the Duluth and St. Joseph licenses, payments that were due for those licenses on October 31, 2003, together with all associated late fees, must be paid on or before April 30, 2004. Pursuant to Sections 1.3 and 1.925 of the Commission's rules, TriCo seeks relief from the April 30, 2004, final deadline. TriCo has applied to the Rural Utilities Service (RUS) of the United States Department of Agriculture for a loan and asserts that it needs the loan in order to meet its installment payment obligations and continue operating. III. DISCUSSION We deny TriCo's Request. Section 1.3 of
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    • a countywide basis on a frequency designated for non-public safety use. In addition, we have an application for special temporary authority (STA) to permit the requested use of a system with the same parameters, under the same waiver request, while the first application is pending. Pursuant to Section 337(c) of the Communications Act, as amended (the Act) or, alternatively, Section 1.925 of the Commission's Rules, Monroe seeks a waiver of the Commission's Rules to permit it to use frequency 901.375 MHz. As set forth below, we find that the requested frequency is currently assigned. Consequently, we deny the waiver request and dismiss the applications. background Monroe County, New York, which includes the City of Rochester, has a population of approximately 715,000
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    • FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F - Miscellaneous Information: Applicants wishing to submit additional information should also include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • of Section 1.946. Petitioners believe that an amnesty period will make licensees more willing to file their late notifications, thereby allowing the Commission to obtain a more accurate database and promoting more efficient use of the spectrum. Discussion. We believe that the instant petitions are best characterized as requests for a waiver of Section 1.946 of the Commission's Rules. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • Station KOA554 to use frequency 156.990 MHz. We grant in part and deny in part the waiver regarding Station KA92875; the waiver is granted with respect to frequency 156.990 MHz, but denied with respect to frequency 161.790 MHz. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request associated with application FCC File No. 0000602499 IS GRANTED IN PART and DENIED IN PART to the extent set forth above, and the application SHALL BE PROCESSED consistent with this Order. IT IS FURTHER ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47
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    • 479.1625 MHz. In the proposal the public safety agencies reiterate that the individual requests for a waiver of Section 22.621 of the Commission's Rules, 47 C.F.R. � 22.621, and any other Commission rules that are necessary to grant the subject applications, pursuant to Section 337(c) of the Communications Act, as amended, 47 U.S.C. � 337(c), or, in the alternative, Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Section 337(c) of the Communications Act of 1934, as amended, states that the Commission shall grant an application by an entity seeking to provide public safety services to the extent necessary to permit the use of unassigned frequencies, if the Commission makes five specific findings: (1) no other spectrum allocated for public
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    • analysis for frequency 937.6625 MHz and determined that its radio operations will likely receive harmful interference by Progress's proposed operations. Universal submits that its analysis showed that the 22 dBu interference contour of the proposed station would overlap significantly into the 40 dBu of Universal's existing station. Finally, it indicates that Progress failed to satisfy the waiver standards of Section 1.925 of the Commission's Rules because grant of the waiver would frustrate the underlying purpose of Section 90.621(b)(4), which is to provide co-channel stations, such as Universal, with the same or greater interference protection as would be received under the rule's Short-Spacing Separation Table. Moreover, Petitioner submits, Progress has not shown that it does not have any reasonable alternatives to the
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    • demonstrated that its proposed operations would not interfere with interoperability communications. In addition, Kent County has not explained why it cannot use another 450 MHz band frequency at the airport that is not subject to the bandwidth limitation in Section 90.20(d)(81). Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request filed by the Kent County, Michigan with respect to application FCC File Number 0001438570 IS DENIED. IT IS FURTHER ORDERED, pursuant and Section 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), 309(a), that application FCC File No. 0001438570 SHALL BE DISMISSED. This
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    • above, and given the unique circumstances presented here, we find it reasonable to grant the relief as requested by Dobson. Dobson will have until December 31, 2004 to bring the former NOW PCS system into full compliance with the Commission's TTY rule, 47 CFR � 20.18(c). ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to sections 0.131, 0.331, 1.3, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.3, 1.925 the petition filed by Dobson Cellular Systems, Inc. is GRANTED. IT IS FURTHER ORDERED that Dobson will have until December 31, 2004 to bring the formerly NOW PCS system into full compliance with the Commission's TTY rule, 47 CFR � 20.18(c). IT IS FURTHER ORDERED that Dobson must notify
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    • special circumstances presented here, we find it reasonable to grant the relief as requested by NOW. NOW is granted an extension for compliance with the Commission's TTY rules until June 30, 2004 or until such time as it consummates the transaction with Dobson, whichever is sooner. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to sections 0.131, 0.331, 1.3, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.3, 1.925 the petition filed by NOW Licenses, LLC is GRANTED. IT IS FURTHER ORDERED that NOW Licenses, LLC will have until June 30, 2004 or until such time as it consummates the transaction with Dobson, whichever is sooner, to come into compliance with the Commission's TTY rule, 47 CFR �
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    • of ADS-B, which will assist flight instructors and students in maintaining situational awareness, warn them of nearby traffic, and provide them with currently unavailable safety options. GARMIN filed reply comments reiterating that an expeditious grant of the requested waiver would serve the public interest, and noting that no comments in opposition to the Waiver Request have been filed. Discussion. Section 1.925 of the Commission's Rules specifies that the Commission may grant a waiver upon a showing either that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual
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    • 14, 2004, Bayonne, Somerset, and the other public safety agencies reiterated their individual requests for a waiver of Section 22.621 of the Commission's Rules, 47 C.F.R. � 22.621, and any other Commission rules that are necessary to grant the subject applications, pursuant to Section 337(c) of the Communications Act, as amended, 47 U.S.C. � 337(c), or, in the alternative, Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. The Bureau now has before it Bayonne and Somerset's requests for frequency exchanges and for new, unassigned frequencies that were not previously pending under other applications among the seven public safety agencies. On June 16, 2004, Somerset amended its applications, FCC File Nos. 0001196273 and 0001196472, to delete frequency 479.2000 MHz, and
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    • the Public Safety Pool. The action taken herein serves the public interest in that it will provide improved opportunities for interoperable communications by the public safety and public service community where no reasonable alternative exists. V. Ordering Clauses IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.20 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.20, the Waiver Request filed by Dominion on October 6, 2003 and amended on March 10, 2004, IS GRANTED as set forth above. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 CFR �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R.
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    • band that it could use while protecting TV stations from interference. York also states that channel 19 could not be used by a new television station without presenting potential interference to existing TV stations on channels 18, 19, and 20. Thus, York believes that land mobile use is the only likely use of TV channel 19 in York County. Section 1.925(a)(3) or our rules provides that a waiver of the Commission's Rules may be granted if it is shown that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the
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    • KNSC300 and KNSC798, and WM1303 Sarasota Florida, and of the Sarasota, Florida BTA (MDB408), Memorandum Opinion and Order, 18 FCC Rcd 18508 (WTB PSPWD 2003) (application for review pending). See 47 C.F.R. � 1.2110(g)(4)(iv); Request at 1. The instant Order does not address or resolve the pending application for review or the pending Application. Request at 1. Id. 47 C.F.R. �1.925. Id. See 47 U.S.C. �309(j)(3). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2360-61, � 70 (1994) (``Competitive Bidding Second Report and Order''). The Commission assigns licenses based on license applicants' competing bids. Each of those bids presumably reflects the estimated value of the prospective
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    • channels fall into different licensing categories that are subject to inconsistent and, to some degree, conflicting construction requirements and timetables. BizCom states that complying with the various construction requirements of its licenses would be unduly burdensome and counter to the underlying purpose of the construction requirements. DISCUSSION Extension of the Construction Requirements A waiver may be granted, pursuant to Section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would
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    • find that Motient fails to satisfy the criteria for grant of a waiver of the permanent discontinuance rules. An extension of time to complete construction may be granted, pursuant to section 1.946(e) of the Commission's rules, if the licensee shows that the failure to complete construction is due to causes beyond its control. Waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of the rule would be
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    • are won in the same market, the winning bid amounts for the spectrum blocks serving tribal lands will be aggregated and the bidding credit limit will be applied against the aggregated amount. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 180-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • been completed. This public notice will advise the public on what date they should begin to use the new Form 603 and the date on which the interim process and the associated waivers of rules will be terminated. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, and paragraph 339 of the Secondary Markets Report and Order, the rules identified above are waived to the extent indicated and until such time as such waiver is terminated. This action is taken under delegated authority pursuant to sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331, and
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    • are won in the same market, the winning bid amounts for the spectrum blocks serving tribal lands will be aggregated and the bidding credit limit will be applied against the aggregated amount. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 180-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • as Javanet, Midport's proposed station location is within 50 miles of Detroit. Additionally, Midport suggested that although the Report and Order that adopted the 50-mile distance requirement did not provide a waiver standard, such an omission is of no consequence, as Commission rulemaking proceedings typically do not provide for waivers, given that the permissibility of waivers is addressed in Section 1.925 of the Commission's Rules. Midport observes that when the Commission adopted the rules for use of the 421-430 MHz band in Detroit, the Commission had considered whether the rules would be unduly restrictive on land mobile operations. In that proceeding, land mobile commenters suggested that the Commission permit the operation of base and control stations anywhere within the 50-mile radius
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    • 18 (KLTLTV) and must cease operations immediately if its transmissions interfere with the operations of these stations. Consequently, we reserve the discretion to revisit the continuation of such authority should we receive complaints from other licensees in the future. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by the Chevron USA, Inc., on December 23, 2002 with respect to FCC File No. 0001109771 IS GRANTED SUBJECT TO THE CONDITIONS set forth herein IT IS FURTHER ORDERED, pursuant and Section 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i),
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    • 26, 27, 80, 87, 90, 95, and 101 of the Commission's Rules to Facilitate Development and Use of the Universal Licensing System in the Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476, 11486 � 22 (1999). See id. at 11486 � 22. See id. at 11485 � 22. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 97.21(b). Federal Communications Commission DA 04-244 Federal Communications Commission DA 04-244 hh * = @ g o � � � ` � � � � � � h@ hy hy hh hy hh hh b , (R) � � � y h @ �
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    • attribution rules that requires the attribution of affiliates of the officers and directors of New Leap. Moreover, the Applicants also appear to request that the Commission waive the controlling interest standard set forth in section 1.2110 and instead apply a previous standard for determining entrepreneur and designated entity eligibility, the publicly traded corporation exception, to New Leap. Pursuant to section 1.925 of the Commission's rules, the Commission may grant a request for a rule waiver if the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant would be in the public interest. Alternatively, the Commission may grant a request for waiver if, in view of the unique
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of SEVEN PUBLIC SAFETY AGENCIES IN THE NEW YORK METROPOLITAN AREA Proposal to Use Part 22 Paging Frequencies Pursuant to Section 337(c) of the Communications Act of 1934, as Amended and Section 1.925 of the Commission's Rules to Operate Public Safety Communications Systems ) ) ) ) ) ) ) ) ) ) ) ) ) FCC File Nos. 0000941858 and 0001523313 (City of Bayonne, New Jersey), 0001687496 (County of Bergen, New Jersey), 0001535270 (Borough of Fort Lee, New Jersey), 0001628636 (Jersey City, New Jersey Police Department), 0001593425 (Melville, New York Fire District),
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of SEVEN PUBLIC SAFETY AGENCIES IN THE NEW YORK METROPOLITAN AREA Proposal to Use Part 22 Paging Frequencies Pursuant to Section 337(c) of the Communications Act of 1934, as Amended and Section 1.925 of the Commission's Rules to Operate Public Safety Communications Systems ) ) ) ) ) ) ) ) ) ) ) ) ) FCC File Nos. 0000941858 and 0001523313 (City of Bayonne, New Jersey), 0001687496 (County of Bergen, New Jersey), 0001535270 (Borough of Fort Lee, New Jersey), 0001628636 (Jersey City, New Jersey Police Department), 0001593425 (Melville, New York Fire District),
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    • Virginia and Motorola (Virginia's equipment vendor) filed a consolidated Opposition to NTIA's Petition to Deny and comment in response to the Public Notice. On April 20, 2004, MariTEL also filed a consolidated Opposition to NTIA's Petition to Deny and comments in response to the Public Notice. On April 30, 2004, NTIA filed reply comments to the Public Notice. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • not specifically require that the engineering study be submitted with an accompanying FCC Form 601, we clarify that, for administrative efficiency, the engineering study must be submitted electronically via FCC Form 601. Furthermore, as discussed above, we have determined that Access Spectrum's proposed operation requires a waiver of section 27.60 of the Commission's rules. Where a waiver is necessary, section 1.925(b)(1) requires that the request be filed on FCC Form 601. We disagree with the Coalition that the Engineering study should be presumed valid unless the Commission objects to the showing within thirty days, as Section 27.60(b)(1)(iii) requires prior Commission approval. Access Spectrum's Engineering Study and Waiver Request Access Spectrum acknowledges that some interference is possible, given its proposed location of
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    • and prevents the use of spectrum. Pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission's rules, a broadband PCS license will terminate automatically as of the construction deadline if the licensee fails to meet the requirements of section 24.203, unless the Commission grants an extension request or waives the PCS construction requirements. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would
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    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit E - Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit E. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • kHz equipment" increases the likelihood of causing interference to Federal government stations. If interference is caused, non-Federal users must cease operating and modify operations so as not to cause harmful interference to Federal government stations. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.3 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.3, 1,925, the Request for Waiver filed by the County of Dukes County, Massachusetts, on January 18, 2002, IS GRANTED, as set forth above. , above. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R.
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    • in the 217-220 MHz band no longer suit its needs, and we would endeavor to act promptly on any subsequent request from Exelon regarding an option that is consistent with the Commission's rules and policies. For the aforementioned reasons, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver requests filed by Exelon Generation Company, LLC and Fulton Contracting Company on July 30, 2004 ARE DENIED, and the corresponding applications (FCC File Nos. 0001825347, 0001825356, 0001825395, 0001825409, 0001825436, 0001825454, and 0001825468) SHALL BE DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
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    • � 603(c), which ``requires an agency to describe any significant alternatives that it has considered in reaching its proposed procedures and/or regulations,'' including, inter alia, ``an exemption for coverage of the rule, or any part thereof, for such small entities.'' Hodson Broadcasting, FCC Form 175 Application, Waiver Justification at 2 (emphasis in original). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15316-17 (2000). Id. at 15317. Id. at 15316. 47 C.F.R. � 1.2110(h) (emphasis added). 47 U.S.C. � 257(a) (emphasis added). Section 603(c) lists
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    • FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit G - Miscellaneous Information: Applicants wishing to submit additional information should also include it in Exhibit G. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • are won in the same market, the winning bid amounts for the spectrum blocks serving tribal lands will be aggregated and the bidding credit limit will be applied against the aggregated amount. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 180-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • of less than 100 feet, in most instances. Id. Applications for modification of existing facilities, assignment of license, or transfer of control of a licensee will continue to be accepted. These applications will be subject to existing requirements for showings of eligibility, loading, and other requirements of the Commission's Rules. Applicants may have recourse to the waiver provisions in Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, to request an exception to the freeze. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation, demonstrating that they meet each prong of the waiver standard. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington,
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    • telephone services. While Rye has considered installing fiber optic cable between Kim and La Junta, Colorado, Rye has found the cost of purchasing and installing such facilities on its own to be prohibitive. Rye simply seeks to recreate its path as originally planned, and is not seeking to expand or modify any of the system's technical parameters. Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • (MB/WTB rel. Sept. 13, 2004) (``Status Public Notice''), at 2 and Attachment C. See also NCE Second Report and Order, 18 FCC Rcd at 6700. Id. This procedure has been codified at 47 C.F.R. � 73.5002(b). Status Public Notice, supra note 2, at 2. Joint Petition at 3-4. Id. at 2. Id. Id. 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. NCE Second Report and Order, 18 FCC Rcd at 6699. Id. at 6700. Id. Public Notice, ``Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004 - Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' 19 FCC Rcd 10570, 10590 (MB/WTB 2004) (``Procedures Public Notice'') (``Accordingly, if an FCC Form 175 filed during the
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    • grant DTV's captioned application for the license for the New York market (MVD001), effective upon release of the instant Order. This grant is conditioned on DTV meeting the cross-ownership limits. Turning to the Waiver Request, Section 1.3 of the Commission's rules authorizes us to grant waivers ``if good cause therefor is shown.'' More specifically for the Wireless Radio Services, Section 1.925 permits us to grant a request for waiver if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances of the
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    • 2004) (``Auction No. 37 Procedures Public Notice''). Among other things, the Auction No. 37 Procedures Public Notice also described procedures and provided instructions for filing short-form applications. Id.; see also 47 C.F.R. � 1.2105(a)(1)(i) (short-forms due on date specified by public notice). The Commission's competitive bidding rules are set forth at 47 C.F.R. � 1.2101 et seq. 47 C.F.R. � 1.925 (standard for rule waiver). Auction No. 37 Procedures Public Notice at 11, 20. Id. Id. Auction No. 37 Procedures Public Notice at 19-20, C-3. Potential bidders who were unable to attend the auction seminar in person could watch and listen to the seminar via a live webcast conducted by the Commission or could subsequently access an audio/visual record of the
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    • the record, we conclude that Beltrami County has met the requirements for grant of a waiver of the Commission's Rules. Accordingly, we grant its request for a waiver of Section 90.261(c) to permit use of three UHF frequencies for fixed relay. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Beltrami County, Minnesota, on October 31, 2003, with respect to FCC File Number 0001273917 IS GRANTED, and application FCC File No. 0001273917 SHALL BE PROCESSED in accordance with this Order. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331of the Commission's Rules,
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    • on GPS-derived location information. --Grant of this waiver is subject to the resolution of Garmin's pending petition for rulemaking, RM-10762. --We may immediately terminate the waiver if harmful interference is reported to the Commission. Accordingly, IT IS ORDERED that pursuant to Sections 4(f) and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(f), 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request filed by Garmin International, Inc. on June 22, 2000, IS GRANTED IN PART to the extent indicated herein for TWO YEARS from the release date of this Order. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131,
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    • license cancellation of Call Sign KNNY348, ARE DENIED and that William G. McCart IS NOTIFIED that the license for Call Sign KNNY348 automatically terminated, pursuant to sections 1.946(c), 1.955(a)(2), and 90.665(d) of the Commission's rules, on December 31, 2002. This action is taken pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 0.331, 1.925, 1.946, 1.955 and 90.665 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, 1.946, 1.955 and 90.665. FEDERAL COMMUNICATIONS COMMISSION Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau Request for Extension of Construction Period and Waiver of Automatic License Cancellation Provision filed December 31, 2002 (Extension and Waiver Request). See 47 C.F.R. �� 1.946(b) and 90.665(c). See In the
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    • County's public safety communications system. Moreover, the unique geography of Monroe County presents it with no alternative but to request the number of channels applied for in order to effectively operate its trunked radio system. For the aforementioned reasons, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver filed by Monroe County on July 14, 2003 is GRANTED, and applications FCC File Nos. 0001380877-78 SHALL BE PROCESSED consistent with this Order. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION
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    • the Manhattan and Brooklyn sites, with evidence that NYSE had previously been licensed on the subject frequencies at the Manhattan site. The Branch granted the application on February 25, 2003, under Call Sign WPXB394. Subsequently, NYSE filed the captioned application on July 31, 2003, for a new permanent license for the operations currently authorized under Call Sign WPXB394. discussion Section 1.925 of the Commission�s Rules provides that a waiver of the rules may be granted if it is shown that the underlying purpose of the rule(s) to be waived would not be served or would be frustrated, and a grant of the requested waiver would be in the public interest. A waiver also may be granted if it is shown that,
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    • We believe that granting the Waiver Request serves the public interest. By allowing efficient use of the subject spectrum, the action taken today will provide improved opportunities for communications by Entergy where no reasonable alternative exists. Ordering Clauses IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.20 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.20, the Waiver Request associated with the above-captioned application, FCC File No. 0001242437, filed by Entergy Nuclear Indian Point 2, LLC on March 20, 2003 and amended on August 26, 2003, IS GRANTED, as set forth above. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331
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    • security for the sensitive information to be transmitted, and adequate back-up reliability. Therefore, Monroe seeks to utilize two frequencies in the 939 MHz band on an exclusive basis. Monroe requests waivers of any Commission rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act, as amended (the Act), 47 U.S.C. � 337(c), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. We find that Monroe would require a waiver of Section 90.617(b) of the Commission's Rules, 47 C.F.R. � 90.617(b), which allows frequency pair 900/939.6500 MHz to be assigned to eligible applicants in the Industrial/Land Transportation Category. Monroe County is not eligible in the Industrial/Land Transportation Category, but is eligible in the Public
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    • in default on a Commission license or has ever been delinquent on a non-tax debt owed to any federal agency. We recognize that the implementation of the Commission's Red Light Display System in advance of Auction No. 58 will raise issues of delinquency and default for purposes of certification under Section 1.2105. Consistent with the Commission's waiver standard of Section 1.925, we will therefore entertain requests for clarification and/or waiver of defaulter or former defaulter status under Sections 1.2105(a)(2)(x) & (xi) and Section 1.2106(a). Finally, we remind prospective applicants that submission of a false certification to the Commission is a serious matter that may result in severe penalties, including monetary forfeitures, license revocations, exclusion from participation in future auctions, and/or criminal
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    • the Broadband Personal Communications Services, Memorandum Opinion and Order, 15 FCC Rcd 25113, 25116 (2000) (``21st Century MO&O''), affd. 21st Century Telesis Joint Venture and 21st Century Bidding Corporation v. FCC, 318 F.3d 192 (D.C. Cir. 2003) (``21st Century Appeals Court Decision''). Tracy has presented no extraordinary circumstances in support of its Petition. 47 C.F.R. � 1.2110(g)(4). 47 C.F.R. � 1.925. See Petition at 4, Supplement at 3, Declaration of Michael J. Tracy at 2. See Petition at 7-8; Supplement at 4. See Supplement at 2. See Petition at 3-4, 7. See Petition at 5. See Petition at 2, 4-5. See Petition at 4. Trinity Broadcasting of Florida, Inc. v. FCC, 211 F.3d 618 (D.C. Cir. 2000). See Petition at 6,
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    • unused channels in the Public Safety Pool. MMSD has demonstrated that grant of a waiver is warranted because at the requested power levels no interference is anticipated to adjacent or co-channel users in the area. IV. ORDERING CLAUSES Accordingly, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, IT IS ORDERED that the waiver requests filed by the Metropolitan Milwaukee Sewage District on February 3, 2003 with respect to application FCC File No. 0001181827 and on February 10, 2003 with respect to application FCC File No. 0001190322, ARE GRANTED SUBJECT TO THE CONDITIONS set forth herein. The Public Safety and
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    • addition to State and county agencies. Summit requests waivers of Sections 22.7, 22.621, 22.651, and 90.303 of the Commission's Rules, 47 C.F.R. �� 22.7, 22.621, 22.651, and 90.303, and any other Commission rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. � 337(c), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Sections 22.621 and 22.651 of the Commission's Rules set forth frequencies, some of which are in the 470-512 MHz band, that are available for point-to-multipoint and trunked mobile systems, respectively. Section 90.303 of our rules states that certain TV channels are allocated to land mobile use in thirteen urbanized areas of the
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    • York and Philadelphia metropolitan areas. New Jersey requests waivers of Sections 22.7, 22.621, 22.651, and 90.303 of the Commission's Rules, 47 C.F.R. �� 22.7, 22.621, 22.651, and 90.303, and any other Commission rules that are necessary to grant its applications, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. � 337(c), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Section 22.7 of the Commission's Rules sets forth the eligibility requirements for entities in the Public Mobile Services. Sections 22.621 and 22.651 of our rules set forth frequencies, some of which are in the 470-512 MHz band, that are available for point-to-multipoint and trunked mobile systems, respectively. Section 90.303 of our rules
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    • as well as the safety of the canal staff. We thus conclude that NYTA's waiver request should be granted subject to the condition that its operations on 42.60 MHz not cause interference to any existing licensee. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver requests filed by the New York State Thruway Authority with respect to applications FCC File Nos. 0001218554 and 0001220099 ARE GRANTED subject to the CONDITION that its operations cause no harmful interference to any existing license. IT IS FURTHER ORDERED that the Public Safety and Critical Infrastructure Division SHALL
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    • new coordination procedures, set forth in Section 74.502(d), Citadel has failed to establish that it has no reasonable alternative. We therefore deny Citadel's Waiver Request. CONCLUSION and ordering clause Accordingly, IT IS ORDERED that pursuant to Sections 155 and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 155 and 309, and Sections 0.131, 0.204(b), 0.331, and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.204(b), 0.331, 1.925, the Request for Waiver filed by Citadel Broadcasting Company on October 17, 2003 IS DENIED. IT IS FURTHER ORDERED that pursuant to Section 209 of the Communications Act of 1934, as amended, 47 U.S.C. � 309, and Sections 1.923 and 74.502(d) of the Commission's Rules, 47 C.F.R. �� 1.923,
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    • of affected licensees thereby developing a consensus-based comprehensive band reconfiguration schedule. Accordingly, the requested extension should facilitate- rather than delay-the parties' meeting the thirty-six month deadline set forth in the 800 MHz R&O. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 5(c)(1) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 155 and Sections 1.46 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.46, 1.925 that Section 90.677 of the Commission's Rules, 47 C.F.R. �90.677, IS WAIVED and the extension request filed by the 800 MHz Transition Administrator on November 12, 2004, IS GRANTED. IT IS FURTHER ORDERED that the deadline for the Transition Administrator to submit a reconfiguration schedule detailing when band reconfiguration would commence
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    • safeguards taken by each facility to avoid interference to over-the-air broadcasting before we could rule on a particular waiver request. Thus, were we to grant such waivers, the requests would each require a detailed technical analysis before they could be granted. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request filed by Telex Communications, Inc. on May 6, 2003 IS HEREBY DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure Division Wireless Telecommunications
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    • 303(r), and Section 1.41 of the Commission's Rules, 47 C.F.R. � 1.41, that the petition for processing of applications under new rules filed by Warren C. Havens on December 3, 2002 IS DENIED. IT IS FURTHER ORDERED pursuant to Sections 4(i), 160(c), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 160(c), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the petition for forbearance, and in the alternative, request for partial waiver, filed by Warren C. Havens on July 15, 2003 IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm
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    • request neither significantly impedes spectrum efficiency nor increases the chance for interference. This waiver is expressly limited to the lifetime of VEPCO's existing 1427-1432 MHz equipment. Any equipment that VEPCO subsequently acquires must comply with the channel plan in our Rules. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Virginia Electric and Power Company, on December 9, 2003, with respect to FCC File Number 0001540645 IS GRANTED SUBJECT TO THE CONDITION indicated above. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i),
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    • request neither significantly impedes spectrum efficiency nor increases the chance for interference. This waiver is expressly limited to the lifetime of Duquesne's existing 1427-1432 MHz equipment. Any equipment that Duquesne subsequently acquires must comply with the channel plan in our Rules. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver requests filed by Duquesne Light Company, on August 8, 2003, with respect to FCC File Numbers 0001411158, 0001411277, 0001411279, 0001411361, 0001411366, 000141833, and 0001410907 ARE GRANTED SUBJECT TO THE CONDITION indicated above. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as
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    • would not serve the underlying purpose of the rule and that grant of a waiver would serve the public interest. On February 14, 2003, CWD released the CWD Order and determined that PinPoint failed to satisfy the requirements for either an extension of the construction period under sections 1.946(e) and 24.843(b), or a waiver of the construction requirements under section 1.925 of our rules. On March 13, 2003, PinPoint filed the subject petition for reconsideration, providing additional information about its construction efforts in its Nebraska BTAs. On April 25, 2003, after meeting with Commission staff, PinPoint provided supplemental information responsive to staff concerns regarding its three-BTA regional footprint, which includes the McCook, North Platte and Hastings BTAs. discussion Upon reviewing the
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    • a reply comment from Havens. DISCUSSION Pursuant to Sections 1.946(c) and 1.955(a)(2) of the Commission's rules, a M-LMS license will terminate automatically as of the construction deadline if the licensee fails to meet the construction requirements for its license, unless the Commission grants an extension request or waives the LMS construction requirements. A waiver may be granted, pursuant to Section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would
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    • the Liquidating Trust pursuant to the Settlement and as described in the Liquidating Trust Agreement, the Consent Motion, and the Sale Order, we find that we must grant the Applicants a limited waiver of the payment provisions of section 1.2111 with respect to the payment of a limited portion of the interest otherwise payable under the rule. Pursuant to section 1.925 of the Commission's rules, the Commission may grant a request for a rule waiver if the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant would be in the public interest. Alternatively, the Commission may grant a request for waiver if, in view of the unique
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    • its operations cause no interference to any adjacent channel interoperability communications after January 1, 2005. Consequently, we reserve the discretion to revisit the continuation of such authority should we receive complaints from other public safety licensees in the future. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Illinois Central College, East Peoria, Illinois, on June 23, 2003, with respect to FCC File Numbers 0001232040 IS GRANTED on the CONDITION that ICC's operations on the locations and frequencies added by the subject modifications will be authorized on a secondary, non-interference basis to adjacent channel
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    • 90.303 of our Rules. Specifically, frequencies in the TV Channel 19 band, which York is requesting, are available for land mobile assignment in the Philadelphia, Pennsylvania urbanized area. York County is located more than eighty kilometers from Philadelphia. Thus, its proposed base stations are outside the area allowed by our rules. Therefore, York seeks either a waiver pursuant to Section 1.925 of the Commission's Rules, or, alternatively, invokes Section 337(c) of the Communications Act of 1934, as amended (``the Act''), to use the frequencies. On July 7, 2004, the Wireless Telecommunications Bureau placed York's applications and waiver request on public notice. discussion Under Section 1.925(b)(3) of the Commission's Rules, a request for a rule waiver in the Wireless Telecommunications Services may
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    • FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F - Miscellaneous Information: Applicants wishing to submit additional information should also include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • make major modification to their applications (e.g., change their license selection, change the certifying official, change control of the applicant, or change bidding credits).'' The Wireless Telecommunications Bureau has consistently interpreted Section 1.2105(b)(2) to prohibit applicants from adding markets to their short form applications after the initial application deadline unless a waiver of the rules is warranted. Pursuant to Section 1.925(b)(3) of its rules, a rule waiver is warranted if: (i) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant would be in the public interest; or (ii) in view of the unique or unusual factual circumstances of the specific situation, application of the rule would
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    • for license. This action serves the public interest because a change in bandwidth of the twenty subject channels and/or migration from frequency pair 462/467.9375 MHz would pose unnecessary risks to essential medical communications without significant concomitant public interest benefits. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. �� 1.925, the Requests for Rule Waiver filed by American Medical Response of Inland Empire, Inc. on Jan. 22, 2003, ARE GRANTED, and application FCC File No. 0001051919 SHALL BE REFERRED to the Public Safety and Critical Infrastructure Division, Licensing Operations, for processing consistent with this Order. This action is taken under delegated authority
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    • did not timely satisfy the construction benchmarks set forth in section 24.203(b) of the Commission's rules for 10 MHz PCS licenses. Accordingly, without grant of extension of time or a waiver of the PCS construction rule, the subject license for the Corbin BTA automatically terminated as of the April 28, 2002 construction deadline. Waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would
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    • that under these circumstances, Marathon has demonstrated its need for primary status. We also find, based on the information before us, that granting primary status to Station WNEW985 will not add to the relocation costs of future ET licensees. Accordingly, we find that Marathon has justified maintaining primary status. CONCLUSION We conclude that Marathon has met the requirements of Section 1.925 and 101.81 of the Commission's Rules. Under the circumstances presented we find that waiver of the Commission's rules is warranted for the major modifications that Marathon seeks. Further Marathon has affirmatively justified primary status while seeking Commission approval of minor modifications to its license, and established that the license modifications would not add to the relocation costs of ET licensees.
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    • are won in the same market, the winning bid amounts for the spectrum blocks serving tribal lands will be aggregated and the bidding credit limit will be applied against the aggregated amount. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 180-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • KNLF591), BTA433 Stillwater, Oklahoma, DA 02-3498, Order, 17 FCC Rcd 25,318 (2002), extension granted, Federal Communications Commission, Universal Licensing System (http://wireless.fcc.gov/uls/), Application File Nos. 0001351410 (WPSM237) and 0001351428 (WPSM240), granted June 25, 2003, extension granted, Federal Communications Commission, Universal Licensing System (http://wireless.fcc.gov/uls/), Application File Nos. 0001521558 (WPSM237) and 0001521787 (WPSM240), granted November 21, 2003. Petition at ii. 47 C.F.R. � 1.925. 47 C.F.R. � 1.2110(g)(4). 47 C.F.R. � 1.2110(g)(4)(i). 47 C.F.R. � 1.2110(g)(4)(ii). Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order, 13 FCC Rcd 374, 439 (1997). See, generally, Licenses of 21st Century Telesis, Inc. for Facilities in the Broadband Personal Communications Services, Memorandum Opinion and Order, 15 FCC Rcd 25,113 (2000), reconsideration
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    • its operations cause no interference to any adjacent channel interoperability communications after January 1, 2005. Consequently, we reserve the discretion to revisit the continuation of such authority should we receive complaints from other public safety licensees in the future. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Gaston County, North Carolina, on July 1, 2003, with respect to FCC File Numbers 0001251063 and 0001254313 IS GRANTED on the CONDITION that Gaston County's operations on the locations and frequencies added by the subject modifications will be authorized on a secondary, non-interference basis to adjacent
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    • FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F - Miscellaneous Information: Applicants wishing to submit additional information should also include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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    • will be in the public interest as it will allow otherwise vacant spectrum to be used by Somerset to alleviate spectrum congestion and preserve and promote critical, interoperable communications that protect the safety of life, health, and property. In the alternative to a waiver of Section 337(c), Somerset argues that a waiver is justified under the standards contained in Section 1.925(c)(3) of the Commission's Rules. Interested parties may file comments on the Waiver Requests on or before January 30, 2004. Parties interested in submitting reply comments must do so on or before February 6, 2004. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary,
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    • We find that Emeryville has not submitted sufficient reasons in support of its request for waiver in connection with its proposal to modify the facilities for Station WNYA218. Thus, we will deny the waiver request and dismiss the application. Accordingly, IT IS ORDERED that pursuant to section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925 of the Commission's Rules, the Request for Rule Waiver filed by the City of Emeryville, on April 7, 2003, IS DENIED, and application FCC File No. 0001265256 SHALL BE DISMISSED consistent with this Order. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47
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    • id. See id. See id. See id. at 1 n.3. See Non-Nationwide Carriers Order, 17 FCC Rcd at 14846 � 20; Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, Order to Stay, 18 FCC Rcd 20987 at � 2 (2003) (Order to Stay). 47 C.F.R. � 1.3. See also Section 1.925 of the rules, 47 C.F.R. � 1.925(b)(3). See WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), appeal after remand, 459 F.2d 1203 (D.C. Cir. 1972), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio); see also Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990); 47 C.F.R. � 1.925. See WAIT Radio, 418 F.2d 1159. See
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    • predicted from a compliant (non-waivered) antenna, within the current frequency coordination time limits. Fifth, FiberTower agrees to limit installations under the waiver to 500 units per year. FiberTower therefore concludes that the proposed conditions make the existence of 0.61 meter antennas completely transparent to other users and place any resulting burden on users opting to erect 0.61 meter antennas. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
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    • Letter from Gary D. Michaels, Deputy Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, to Ameer Flippin, DA 05-173 (Jan. 25, 2005) (denying Mr. Flippin's request for extensions of time to file a short-form application and to make an upfront payment for Auction No. 58, as well as for a 180-day postponement of that auction). See 47 C.F.R. � 1.925(b)(2). 47 C.F.R. � 1.925(b)(3). Additionally, the Commission may grant a waiver upon a showing of good cause. 47 C.F.R. � 1.3. 47 U.S.C. � 309(j)(3)(A); Motions for Stay of Auction No. 57 and Requests for Dismissal or Disqualification, Order, 19 FCC Rcd 20,482, 20,489 � 20 (ASAD-WTB 2004). . ``Multiple Address Systems Spectrum Auction Scheduled for April 26, 2005; Comment
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    • waivers serves the public interest, convenience, and necessity. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 1.933(d) and 1.939(a) of the Commission's Rules, 47 C.F.R. �� 1.933(d), 1.939(a), the Petition to Deny and the Supplement to Petition to Deny filed by Alpine PCS, Inc. and Alpine Operating, LLC are DISMISSED. IT IS FURTHER ORDERED that, pursuant to section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the requests for waiver of sections 1.913(b) and 24.839(a) of the Commission's rules, 47 C.F.R. �� 1.913(b), 24.839(a), is GRANTED. IT IS FURTHER ORDERED that, pursuant to the authority granted in Sections 4(i), 309(j), and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(j), 310(d), the Applications,
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    • to minimally warrant a renewal of its license for Station KIVD0011. Moreover, because section 95.833 of the Commission's rules requires that each 218-219 MHz service licensee make a showing of ``substantial service'' within ten years of the license grant, we also determine that ITV's license for Station KIVD0011 terminated automatically on March 28, 2004. ITV's waiver request. Pursuant to section 1.925 of the Commission's rules, a waiver may be granted if it is shown that: 1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that grant of the requested waiver would be in the public interest; or 2) in view of unique or unusual factual circumstances of the
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    • are won in the same market, the winning bid amounts for the spectrum blocks serving tribal lands will be aggregated and the bidding credit limit will be applied against the aggregated amount. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 180-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • it concurred with the TA's recommendation for separate negotiation periods for NPSPAC and non-NPSPAC licensees in each wave. See TA Plan PN at 2. We will issue a separate public notice to start the reconfiguration process in regions in Wave 1 for NPSPAC channels. supra. Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. The computation of working days in this
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    • FCC Rcd at 2584 � 29; CenturyTel Order, 18 FCC Rcd at 1263 � 10; Nextel-Chadmoore Order, 16 FCC Rcd at 21110 � 14. See Applications, Exhibit 1 at 4-5. Applications, Exhibit 4. Applications, Exhibit 1 at 2, 10-11. Id. at 6. Id. at 6-7. Id. at 7-8. Id. at 8-9. Id. at 9. Id. at 9-10. 47 C.F.R. � 1.925. 47 C.F.R. �� 1.2111, 24.714. 47 C.F.R. �� 1.2111, 24.714. NextWave-Cingular Order, 19 FCC Rcd at 2568-69 � 38. In the case of disaggregation, the balance shall be apportioned based upon the ratio of the amount of spectrum disaggregated to the amount of spectrum allocated to the licensed area. See 47 C.F.R. � 24.714(c). NextWave-Cingular Order, 19 FCC Rcd at
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    • is minimized when there is no spectral overlap. Consequently, we agree with the City that denying its application due to NSTN's interference concerns would be unwarranted, particularly in light of the fact that NSTN did not provide an engineering analysis to support its allegations of interference. Consequently, we deny the informal petition. Next, we address the City's waiver request. Section 1.925 of the Commission's Rules provides that a waiver may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or, in view of the unique or unusual circumstances of
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    • Public Safety and Critical Infrastructure Division Wireless Telecommunications Bureau See FCC File No. 0001855193 (filed Aug. 27, 2004, amended Oct. 26, 2004 and Feb. 23, 2005) (New Jersey Request); see also FCC File No. 0001855197 (filed Aug. 27, 2004, amended Oct. 19, 2004 and Oct. 26, 2004). 47 U.S.C. � 337(c). Alternatively, New Jersey seeks a waiver pursuant to Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. See New Jersey Request at 1. New Jersey Request at 5. See FCC File No. 0001954152 (filed Nov. 30, 2004) (Melville Request); see also FCC File No. 0002058180 (filed Feb. 23, 2005, amended Feb. 24, 2005). Frequencies in the 300 MHz to 3 GHz range are Ultra High Frequencies (UHF), but land
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    • first phase PAS implementation would have a single priority level for all NSEP users, and that the second phase would provide the required five PAS priority levels. Verizon Wireless believes it can deploy the second phase by early 2007. Both the NCS and the Department of Defense (DoD) have filed statements in support of the Verizon Wireless waiver request. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in view of the unique
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    • 27.1201(c)(1). Letter from Steven J. Parish, Chief Executive Officer, Choice Communications to Marlene H. Dortch, Secretary Federal Communications Commission (dated May 5, 2005) at 1 (Parish Letter). Id. Id. 47 C.F.R. � 27.1201(c)(1). BTA Auction Order, 10 FCC Rcd at 9612 � 41. See NPRM and MO&O, 18 FCC Rcd at 6811 � 226, 6825 � 260. 47 C.F.R. � 1.925(b)(3). 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. Second Memorandum Opinion and Order, WT Docket No. 03-66, 18 FCC Rcd 16848 � 1 (2003) (Second MO&O). See Second MO&O, 18 FCC Rcd
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    • Rules in PCS/Broadband Auction #58; Particularly 1) A Time Extension in Which to File Short Form 175, 2) A Waiver or Extension of Down Payment Deadline of December 29th, 2004, and 3) Modification of Auction Date to Be Postponed for 180 Days; and Memorandum in Support Thereof by Pro Se bidder, Ameer Flippin (filed Jan. 3, 2005). 47 C.F.R. � 1.925(b)(2). Id. � 1.925(b)(3). Additionally, the Commission may grant a waiver upon a showing of good cause. Id. � 1.3. 47 U.S.C. � 309(j)(3)(A); Motions for Stay of Auction No. 57 and Requests for Dismissal or Disqualification, Order, 19 FCC Rcd 20,482, 20,489 � 20 (ASAD-WTB 2004). See ``Auction of Broadband PCS Spectrum; Status of FCC Form 175 Applications to Participate
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    • data capabilities, and offer wide-area roaming capabilities. The Commonwealth requests waivers of Sections 22.7, 20.9, and 22.565 of the Commission's Rules, 47 C.F.R. �� 22.7, 20.9, and 22.565, and any other Commission rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. � 337(c), and Sections 1.925 and 1.3 of the Commission's Rules, 47 C.F.R. � 1.925, 1.3. Section 22.7 of the Commission's Rules limits the eligibility for Part 22 authorizations to ``common carriers.'' Section 20.9 specifies that Part 22 Paging and Radiotelephone operations shall be treated as commercial mobile radio services, which conflicts with the Commonwealth's proposed use of the channels for internal communications. Section 22.565
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    • land mobile use. The frequency is designated under Sections 22.621 of the Commission's Rules, 47 C.F.R. � 22.621, for point-to-multipoint paging control systems. Downey also seeks a waiver of Section 90.311 of the Commission's Rules, 47 C.F.R. � 90.311, to permit base station operations on frequency 474.0250 MHz. This frequency is available under Section 90.311 as a mobile frequency. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925 provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
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    • better served by granting Amerilink's renewal application rather than redistributing Amerilink's license to another party. In the alternative, Amerilink requests a two-year extension to meet its substantial service and construction obligations with respect to Station KIVD0009, stating that failure to meet the construction deadline was a result of difficulties that were beyond its control. Amerilink's waiver request. Pursuant to section 1.925 of the Commission's rules, a waiver may be granted if it is shown that: 1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that grant of the requested waiver would be in the public interest; or 2) in view of unique or unusual factual circumstances of the
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    • data capabilities, and offer wide-area roaming capabilities. The Commonwealth requests waivers of Sections 22.7, 20.9, and 22.565 of the Commission's Rules, 47 C.F.R. �� 22.7, 20.9, and 22.565, and any other Commission rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. � 337(c), and Sections 1.925 and 1.3 of the Commission's Rules, 47 C.F.R. � 1.925, 1.3. Section 22.7 of the Commission's Rules limits the eligibility for Part 22 authorizations to ``common carriers.'' Section 20.9 specifies that Part 22 Paging and Radiotelephone operations shall be treated as commercial mobile radio services, which conflicts with the Commonwealth's proposed use of the channels for internal communications. Section 22.565
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    • 1463, 1536-37 �� 138-142 (1995) (800 MHz SMR Report and Order). See Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, 15126 � 334 n.762 (2004) (800 MHz Public Safety Order). 47 C.F.R. � 90.617(d). See 47 C.F.R. � 1.925. 800 MHz SMR Report and Order, 11 FCC Rcd at 1537 � 141. See American Medical Response, Inc., Order on Reconsideration, 15 FCC Rcd 25587, 25590, 25591-92 �� 8, 11 (WTB PSPWD 2000). See Occidental Permian, Ltd., Order, 20 FCC Rcd 4045 (WTB PSCID 2005). See 800 MHz Public Safety Order, 19 FCC Rcd at 14977 � 11. See id.
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    • Letter from Gary D. Michaels, Deputy Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, to Ameer Flippin, DA 05-173 (rel. Jan. 25, 2005) (denying Flippin requests for extensions of time to file a short-form application and to make an upfront payment for Auction No. 58, as well as for a 180-day postponement of the auction). See 47 C.F.R. � 1.925(b)(3). Additionally, the Commission may grant a waiver upon a showing of good cause. See 47 C.F.R. � 1.3. You make only general and unsupported assertions that have no apparent relation to the grant of other applicants' applications, see Motion and Petition at 4, and which fall far short of the statutory requirement that petitions to deny be based on factual
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    • security in the county, which is the home to numerous ``high-priority terror target[s]'' (including the Pentagon and Ronald Reagan Washington National Airport), by improving Arlington's ability to communicate with the public in the event of an emergency. Arlington also states that its proposed operations would not cause interference to any existing commercial AM radio station or other TIS station. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in view of the unique
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    • in the File Description field on the Attachments page. Note: Applicants must select Attachment Type ``Confidentiality'' for the particular exhibit for which they are requesting confidential treatment. Otherwise, the attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the File Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If
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    • expiration or termination of the contract between Verizon Wireless and the NCS, the CSC, or any other service integrator acting on behalf of the NCS, to provide wireless priority access capability; or (3) June 30, 2007. ORDERING CLAUSES Accordingly, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, IT IS ORDERED that the Petition for Waiver of Section 64.402 of the Commission's Rules filed by Verizon Wireless on May 13, 2005 IS GRANTED to the extent provided herein. This action is taken under delegated authority pursuant to Section 5(c) of the Communications Act, as amended, 47 U.S.C. � 155(c) and
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    • confidential treatment. Otherwise, the attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands waiver requests, see Section IV, ``Exhibit Y: Tribal Lands Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the File Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If
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    • us an application and waiver request filed by the County of Monroe, New York (``Monroe'' or ``the County'') for authority to operate a public safety two-way paging system on a countywide basis on Business Category frequencies. Specifically, Monroe seeks a waiver of the Commission's Rules, pursuant to Section 337(c) of the Communications Act, as amended (the Act) or, alternatively, Section 1.925 of the Commission's Rules, to permit it to use frequencies 939.6500 and 900.6500 MHz. Monroe currently is authorized to operate the system pursuant to special temporary authority (STA) under Call Sign WQBH643, pending the resolution of its request for a permanent waiver. For the reasons stated below, we grant Monroe's waiver request. background Monroe County, New York, which includes the
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    • concurred with the TA's recommendation for separate negotiation periods for NPSPAC and non-NPSPAC licensees in each wave. See TA Plan PN at 2. We will issue a separate public notice to start the reconfiguration process in regions in Wave 2 for NPSPAC channels. , supra. Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. The computation of working days in this
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    • a new microwave system. Cheektowaga-Sloan represents that it lacks the necessary funding. It also states that its schools could potentially be shut down if voice and data communications were cut off. In addition, Cheektowaga-Sloan states that, while it would prefer that the stations be relicensed on a primary basis, it is willing to accept secondary status. Discussion. Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • other TIS. Arlington's waiver request was placed on public notice on July 18, 2005. Several Arlington civic groups filed comments in favor of the request. The commenters argue that grant of the waiver would enhance public preparedness by facilitating the dissemination of information to all Arlington residents, commuters, and visitors in the event of an emergency. Discussion. Pursuant to Section 1.925 of the Commission's Rules, we may grant a request for waiver if it is shown that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • at 15513. See Review of the Emergency Alert System, Notice of Proposed Rulemaking, 19 FCC Rcd 15775 (2004). Id. at 15792. While the majority of the subject cable systems have requested extensions to their existing temporary waivers of section 11.11(a) of the rules, others have requested waiver extensions on behalf of recently acquired non-compliant cable television systems. 47 C.F.R. � 1.925. See also WAIT Radio v. F.C.C., 418 F.2d 1153, 1157 (D.C. Cir. 1969), Northeast Cellular Telephone Co., L.P. v. F.C.C, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Similarly, we address only the issue of extending the compliance date for waivers previously granted by the Enforcement Bureau under delegated authority. We do not address the issues raised in the ACA comments
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    • Calling Systems; Phase II Compliance Deadlines for Non-Nationwide Carriers, CC Docket No. 94-102, Order to Stay, 17 FCC Rcd 14841, 14853 � 38 (2002). See, e.g., Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, Fourth Memorandum Opinion and Order, 15 FCC Rcd 17442, 17458 � 44 (2000); 47 C.F.R. � 1.925(b)(3). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A��
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    • Calling Systems; Phase II Compliance Deadlines for Non-Nationwide Carriers, CC Docket No. 94-102, Order to Stay, 17 FCC Rcd 14841, 14853 � 38 (2002). See, e.g., Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, Fourth Memorandum Opinion and Order, 15 FCC Rcd 17442, 17458 � 44 (2000); 47 C.F.R. � 1.925(b)(3). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 f g h `` � � � � � � � � ��PNG r v ��"r�9
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2685A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2685A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2685A1.txt
    • Jersey, (``Summit'' or ``the City'') for authority to operate a public safety radio system on eight UHF frequencies. The frequencies are designated under Part 22 of the Commission's Rules as paging control and trunked mobile channels in the New York City/northern New Jersey area. Pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), and Section 1.925 of the Commissions Rules, Summit seeks a waiver of Sections 22.7, 22.501, 22.621, 22.651 and 90.311 of the Commission's Rules to permit public safety use of these currently unassigned frequencies. For the reasons stated herein, we grant Summit's waiver request. background Summit, located in Union County, New Jersey, is a city of 21,000 residents. Summit is a hub of rail
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    • 1. See id. See id. at 2. Id. See id. Id. 47 C.F.R. �� 1.2104(g), 1.2107(c). See Implementation of Section 309(j) of the Communications Act, Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2388 � 199 n.152 (1994) (Competitive Bidding Second R&O). See 47 C.F.R. � 1.2107(c); Auction No. 59 Closing PN at 6. See 47 C.F.R. � 1.925(b)(3). See also 47 C.F.R. � 1.3. See Competitive Bidding Second R&O, 9 FCC Rcd at 2382 � 197. See, e.g., Silver Palm Communications, Inc., Order, 17 FCC Rcd 6606 (WTB, Com. Wir. Div. 2002) (Bureau granted waiver when late filing was due to applicant's inadvertence and unawareness of deadline, and licenses would provide rural areas with competitive wireless service); City
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    • at 1. See id. See id. at 1-2. Id. at 2. 47 C.F.R. �� 1.2104(g), 1.2107(c). See Implementation of Section 309(j) of the Communications Act, Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2388 � 199 n.152 (1994) (Competitive Bidding Second R&O). See 47 C.F.R. � 1.2107(c); Auction No. 59 Closing PN at 6. See 47 C.F.R. � 1.925(b)(3). See also 47 C.F.R. � 1.3. See Competitive Bidding Second R&O, 9 FCC Rcd at 2382 � 197. See, e.g., Silver Palm Communications, Inc., Order, 17 FCC Rcd 6606 (WTB, Com. Wir. Div. 2002) (Bureau granted waiver when late filing was due to applicant's inadvertence and unawareness of deadline, and licenses would provide rural areas with competitive wireless service); City
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    • 1. See id. See id. at 1-2. See id. at 2. 47 C.F.R. �� 1.2104(g), 1.2107(c). See Implementation of Section 309(j) of the Communications Act, Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2388 � 199 n.152 (1994) (Competitive Bidding Second R&O). See 47 C.F.R. � 1.2107(c); Auction No. 59 Closing PN at 6. See 47 C.F.R. � 1.925(b)(3). See also 47 C.F.R. � 1.3. See Competitive Bidding Second R&O, 9 FCC Rcd at 2382 � 197. We separately note PSI's representation that, while the company currently holds numerous FCC licenses, and has participated in Auction Nos. 26, 40, 41, 42, 48, 57 and 59, this is PSI's first instance of non-compliance with a Commission auction requirement. See Rasmussen
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    • and ascertain the call sign transmitted. --This waiver is granted subject to the Commission's decisions in WT Docket No. 96-86, and shall terminate upon the effective date of the rules promulgated in that proceeding. Accordingly, IT IS ORDERED that, pursuant to Sections 4(f) and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(f), 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Waiver filed by Motorola, Inc. on June 6, 2005, IS GRANTED to the extent indicated above. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Chief, Public Safety and Critical
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    • Calling Systems; Phase II Compliance Deadlines for Non-Nationwide Carriers, CC Docket No. 94-102, Order to Stay, 17 FCC Rcd 14841, 14853 � 38 (2002). See, e.g., Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, Fourth Memorandum Opinion and Order, 15 FCC Rcd 17442, 17458 � 44 (2000); 47 C.F.R. � 1.925(b)(3). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ���������������"����������Ž�}v}o}haha ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&�
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2761A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2761A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2761A1.txt
    • Calling Systems; Phase II Compliance Deadlines for Non-Nationwide Carriers, CC Docket No. 94-102, Order to Stay, 17 FCC Rcd 14841, 14853 � 38 (2002). See, e.g., Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, Fourth Memorandum Opinion and Order, 15 FCC Rcd 17442, 17458 � 44 (2000); 47 C.F.R. � 1.925(b)(3). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ! o p q r � � � � � � � ��PNG r v ��"r�9
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2870A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2870A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2870A1.txt
    • agree that, under the circumstances, transmitter identification for these radios is not needed. We also conclude that it serves the public interest to eliminate an unnecessary regulatory requirement that burdens a licensee in the conduct of its business. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver requests filed by the National Football League with respect to applications FCC File Nos. 0001942907 and 0001942845 ARE GRANTED. IT IS FURTHER ORDERED that the Public Safety and Critical Infrastructure Division SHALL PROCESS applications FCC File Nos. 0001942907 and 0001942845 in accordance with this Order and the Commission's Rules.
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    • of the Commission's rules, as described herein. In addition, pursuant to our review under Section 310(d) of the Communications Act, we find that grant of the Assignment Application will serve the public interest, convenience, and necessity. Ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 1.2111 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.2111 of the Commission's Rules, 47 C.F.R. � 1.925, 1.2111, that the Waiver Request filed by Communication Ventures, Inc. on September 26, 2005 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section
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    • Calling Systems; Phase II Compliance Deadlines for Non-Nationwide Carriers, CC Docket No. 94-102, Order to Stay, 17 FCC Rcd 14841, 14853 � 38 (2002). See, e.g., Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, Fourth Memorandum Opinion and Order, 15 FCC Rcd 17442, 17458 � 44 (2000); 47 C.F.R. � 1.925(b)(3). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ! ? L ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� �
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    • Calling Systems; Phase II Compliance Deadlines for Non-Nationwide Carriers, CC Docket No. 94-102, Order to Stay, 17 FCC Rcd 14841, 14853 � 38 (2002). See, e.g., Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, Fourth Memorandum Opinion and Order, 15 FCC Rcd 17442, 17458 � 44 (2000); 47 C.F.R. � 1.925(b)(3). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A��
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2993A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2993A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2993A1.txt
    • Calling Systems; Phase II Compliance Deadlines for Non-Nationwide Carriers, CC Docket No. 94-102, Order to Stay, 17 FCC Rcd 14841, 14853 � 38 (2002). See, e.g., Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, Fourth Memorandum Opinion and Order, 15 FCC Rcd 17442, 17458 � 44 (2000); 47 C.F.R. � 1.925(b)(3). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A��
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3018A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3018A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3018A1.txt
    • or ``LMCC procedures'') and provided a summary of the actual frequency selection protocols that would be used at 470-512 MHz. That consensus is embodied in the LMCC procedures for evaluating adjacent channel interference in the 470-512 MHz band using the TIA/EIA/TSB-88 (TSB-88) propagation model. On July 26, 2004, El Segundo filed an application and a waiver request, pursuant to Section 1.925 of the Commission's Rules, for authority to operate a public safety radio system in the Los Angeles metropolitan area on four frequencies designated for industrial/business use. On October 5, 2004, NSTN submitted the Informal Petition to Dismiss or Deny the City's application, asserting that El Segundo's proposed operations would cause interference to NSTN's operations. On June 7, 2005, the Bureau's
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    • 700 MHz band in Section 90.545(a)(2) are also appropriate for land mobile operations on Channel 19. See Nassau County Police Department, 17 FCC Rcd 14252, 14259 n.67 (WTB PSPWD 2002). We find no reason to deviate from that precedent here. See Opposition at Engineering Exhibit. Direct Connect reaffirms its commitment to this limitation. See Opposition at 7. 47 C.F.R. �� 1.925(b)(3)(i)-(ii). See Petition at 16. See Further Sharing of the UHF Television Band by Private Land Mobile Radio Services, Notice of Proposed Rulemaking, Gen. Docket No. 85-172, 101 F.C.C. 2d 852 (1985). The purpose of this rule is applicable to DTV because in 1998, in allocating DTV channels to replicate existing TV stations service areas, the Commission decided to allow public
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    • request neither significantly impedes spectrum efficiency nor increases the chance for interference. This waiver is expressly limited to the lifetime of Georgetown's existing 1427-1432 MHz equipment. Any equipment that Georgetown subsequently acquires must comply with the channel plan in our Rules. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver requests filed by the City of Georgetown, on August 10, 2003, with respect to FCC File Number 0001541089 IS GRANTED SUBJECT TO THE CONDITION indicated above. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a),
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    • Because MRA neither satisfies the separation requirements in the short-spacing table of Section 90.621(b)(4) nor persuasively demonstrates an equivalent level of protection, a short-spacing waiver grant would be inappropriate and the application will be dismissed. Accordingly, IT IS ORDERED, pursuant to Sections 2 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 152, 154(i), and Sections 1.925 and 90.621(b)(4) of the Communications Act of 1934, as amended, 47 C.F.R. �� 1.925, 90.621(b)(4), that the waiver request filed on December 29, 2004 by Mobile Relay Associates in conjunction with application FCC File No. 0001558517 is DISMISSED AS MOOT IN PART AND DENIED IN PART to the extent set forth above. IT IS FURTHER ORDERED, pursuant to Section 1.934(d)(2)
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    • user shall file an application for a separate authorization specifying the fixed location. The District requests a waiver of this rule because it anticipates operating at least 600 remote monitoring or control stations throughout its system. The District believes that individually licensing these low power, low elevation stations would be overly burdensome to both the District and the Commission. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925 provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
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    • has a bandwidth of five kHz. Morgan County states that it seeks relief of the rule because there appears to be no manufacturer producing new equipment capable of single sideband, suppressed carrier, voice emissions in such a bandwidth. However, Morgan County states that 12.5 kHz equipment and possibly 25 kHz equipment are being manufactured in the 220 MHz band. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
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    • concurred with the TA's recommendation for separate negotiation periods for NPSPAC and non-NPSPAC licensees in each wave. See TA Plan PN at 2. We will issue a separate public notice to start the reconfiguration process in regions in Wave 3 for NPSPAC channels. , supra. Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. The computation of working days in this
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    • Among other things, the Auction No. 62 Procedures Public Notice also described procedures and provided instructions for filing short-form applications. Id. and Attachment C; see also 47 C.F.R. � 1.2105(a)(1)(i) (short-forms due on date specified by public notice). Waiver Request at 1. The Commission's competitive bidding rules are set forth at 47 C.F.R. � 1.2101 et seq. 47 C.F.R. � 1.925 (standard for rule waiver). Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10502, 10514. Id. Id. Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10511-12, C-3. Potential bidders who were unable to attend the auction seminar in person could watch and listen to the seminar via a live webcast conducted by the Commission or could subsequently
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    • the pairs are allotted for Part 90 land mobile use. The other thirteen pairs are allotted for Part 22 paging use. The City requests waivers of Sections 22.501, 22.621, 90.303, 90.307, and 90.309 of the Commission's Rules, 47 C.F.R. �� 22.501, 22.621, 90.303, 90.307, 90.309 and any other Commission rules that are necessary to grant its application, pursuant to Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, or in the alternative, Section 337(c) of the Communications Act, as amended (the Act), 47 U.S.C. � 337(c). Section 22.501 defines the scope of the licensing and operation of the Public Paging and Radiotelephone Service. Section 22.621 of the Commission's Rules sets forth frequencies, some of which are in the 470-512 MHz
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    • confidential treatment. Otherwise, the attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands waiver requests, see Section IV, ``Exhibit Y: Tribal Lands Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the File Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If
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    • extension periods related to Hurricanes Katrina and Rita recently ended on November 30, 2005 and November 21, 2005, respectively, and that the extension related to Hurricane Wilma will end on December 22, 2005. Licensees or applicants that need additional relief after these extension periods end may seek such relief by following the process for submitting waiver requests provided in section 1.925 of the Commission's rules. The Bureau will consider additional relief related to the hurricanes on a case-by-case basis. Certain Licensing Functions Will Resume on January 4, 2006 During the extension periods associated with Hurricanes Katrina, Rita, and Wilma, the Bureau has temporarily suspended certain automated licensing functions including dismissing applications that are returned and not amended timely, changing the status
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    • cargo and hazardous materials. Grant of this waiver is subject to any action taken by the Commission with respect to LoJack's pending Petition for Rulemaking. We deny LoJack's request for a waiver to permit VLUs to operate on a licensed-by-rule basis. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request filed by LoJack Corporation on IS HEREBY GRANTED IN PART, to the extent that LoJack Corporation will be permitted (a) to use two additional emission designators, D1D and D2D, for its SVRS; (b) to operate its base stations on a duty cycle of three seconds per minute; and (c)
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    • application was returned and the licensee instructed to change the frequency to 122.950 MHz. On June 7, 2005, McMinnville amended its renewal application to request a waiver so that it could continue to operate on frequency 123.000 MHz. McMinnville requested a waiver on the grounds that the FAA plans to close the FSS in the fall of 2005. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • has been coordinated with adjacent regions. For modifications, the regional chair may recommend, in writing, changes to a regional plan, and the Commission will give public notice soliciting comment on any such proposals and issue appropriate orders upon review. The Region 3 Plan, which was originally adopted by the Commission in September 1991, was amended in 1998 and 2001. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
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    • The 800 MHz band reconfiguration must be completed by June 26, 2008 (thirty-six month benchmark). Id. For the purposes of this Public Notice, NPSPAC channels are those channels in the 821-824/866-869 MHz band. See also TA Plan PN Appendix for NPSPAC regions in Wave 1. Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. The computation of working days in this
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    • on July 17, 2002, establishing a deadline for filing petitions to deny on August 16, 2002. McElroy filed its Petition to Dismiss or Deny WWC's application on September 25, 2002, 40 days after the deadline, without seeking a waiver of the deadline. We, however, grant McElroy's request, in the alternative, to consider its pleading as an informal objection. Because Section 1.925 does not provide formal procedures for responding to requests for waivers, we grant McElroy's request to consider its pleading as an Informal Objection to WWC's Waiver Request under Section 1.41 of the Commission's rules. While we grant McElroy's request, we deny the Informal Objection and grant WWC waiver of Section 22.949(b)(3) of the Commission's rules. We may grant a waiver
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    • of the parties loses its authorization. The assignment applications went on public notice on June 23, 2004. On July 23, 2004, the National Telecommunications and Information Administration (NTIA) filed a petition to deny the assignment applications. On August 5, 2004, Placer and Motorola (Placer's equipment vendor) filed a consolidated opposition to NTIA's petition, and MariTEL filed an opposition. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • are won in the same market, the winning bid amounts for the spectrum blocks serving tribal lands will be aggregated and the bidding credit limit will be applied against the aggregated amount. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 180-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
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    • at the contour's edge. Accordingly, consistent with the Access Spectrum decision, we disagree with the commenters arguing that application and waiver should not be necessary, and find that Aloha's request for waiver is properly filed. Aloha's Waiver Request and Engineering Statement We must determine whether grant of the requested waiver is appropriate under the waiver standard set forth in section 1.925(b)(3). Under this standard, we may grant a waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the
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    • Occidental frequencies 856/860.1375 MHz and 856/857.1125 MHz, as well as seven SMR channels, in spectrum blocks L and K. Since intercategory sharing among commercial and noncommercial services is no longer permitted, Nextel seeks waiver of Section 90.617(d) of the Commission's Rules to permit the assignment of the subject commercial 800 MHz SMR channels to Occidental for private I/LT operations. Section 1.925 of the Commission's Rules permits waiver of specific rule requirements if (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual factual circumstances of the case, application
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    • meet the deadline is due to circumstances beyond the control of the licensee. Section 1.946(e), however, specifically states that an extension request will not be granted due to delays caused by, inter alia, a failure to obtain financing or to order equipment in a timely manner, or because the licensee intends to assign or transfer the license. Pursuant to Section 1.925 of the Commission's rules, a waiver request may be granted where it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances,
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    • for its dispatch service. Due to a shortage of available channels in the Los Angeles Basin, Downey seeks a waiver of Section 90.311 of our Rules to permit base station operations on frequency 474.0250 MHz. This frequency is available under Section 90.311 only for mobile use. On July 6, 2005, we sought comment on Downey's waiver request. Discussion. Under Section 1.925(b)(3) of the Commission's Rules, a request for a rule waiver in the Wireless Telecommunications Services may be granted if it is shown that (a) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b)
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    • proposed operations will create a minimal expansion of La Verne's current coverage. We deny the request with respect to the proposed Carbon Canyon site, however, because the proposed operations would frustrate the underlying purposes of the bandwidth limitation. Accordingly, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by City of La Verne with respect to application FCC File Number 0001910294 IS GRANTED IN PART AND DENIED IN PART to the extent described herein, and application FCC File No. 0001910294 SHALL BE PROCESSED consistent with this Order and the Commission's rules. This action is taken
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    • of operating on five kilohertz channels. Morgan County states that 12.5 kilohertz equipment and possibly 25 kilohertz equipment are being manufactured in the 220 MHz band. On November 25, 2005, the Wireless Telecommunications Bureau's Public Safety and Critical Infrastructure Division placed Morgan County's application and waiver request on public notice. No comments or reply comments were filed. Discussion. Under Section 1.925(b)(3) of the Commission's Rules, a request for a rule waiver in the Wireless Telecommunications Services may be granted if it is shown that (a) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and a grant of the requested waiver would be in the public interest; or (b) in
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    • the substance of Progeny's Extension Request. Under Sections 1.946(c) and 1.955(a)(2) of the Commission's rules, an M-LMS license will terminate automatically as of the construction deadline if the licensee fails to meet the construction requirement, unless it obtains an extension of time to construct under Section 1.946(e) of the Commission's rules, or a waiver of the construction requirement under Section 1.925 of the Commission's rules. Progeny states that through its employees and consultants, it has conducted discussions with an array of U.S. manufacturers of telecommunications equipment, including both established suppliers and entrepreneurial firms. It states that despite such efforts, it has been unable to secure M-LMS equipment and that no equipment is available to meet the construction requirement. Progeny notes that
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    • for each region, one filing freeze for non-NPSPAC licensees and a separate freeze for NPSPAC licensees. See Wireless Telecommunications Bureau Outlines Application Freeze Process for Implementation of 800 MHz Band Reconfiguration, Public Notice, 20 FCC Rcd 8905 (WTB 2005) (800 MHz Freeze PN). , supra. Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. The computation of working days in this
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    • Requests'' in the Description field on the Attachments page. Note: Applicants must select Attachment Type ``Confidentiality'' for the particular exhibit for which they are requesting confidential treatment. Otherwise, the attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
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    • have before us an application and waiver request filed by the Commonwealth of Virginia (the Commonwealth) for authority to operate a wide area, trunked public safety radio system on eighteen unassigned Part 22 VHF frequencies. Specifically, the Commonwealth seeks a waiver of the Commission's Rules, pursuant to Section 337(c) of the Communications Act, as amended (the Act), or, alternatively, Section 1.925 of the Commission's Rules, to permit it to use frequencies currently designated in Virginia for one-way or two-way mobile paging operation pursuant to Part 22 of the Commission's rules. The Commonwealth requests use of these frequencies to support the communications requirements of its public safety agencies at five locations in western Virginia. For the reasons stated below, we grant the
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    • 2, supra. Id. See Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Report and Order, 19 FCC Rcd 14969, as amended by Erratum, DA 04-3208, 19 FCC Rcd 19651, and Erratum, DA 04-3459, 19 FCC Rcd 21818 (2004) (800 MHz R&O). See 800 MHz R&O, 19 FCC Rcd 14977 � 11. Id. See 47 C.F.R. � 1.925. See FCC File No. 0001739681, Letter from Wendy Caruthers, Technical Director, APCO International, Inc., to Julia R. Biggs, ITA (dated June 11, 2004). See, e.g., Central Maine Power Company, Order, 18 FCC Rcd 2581 (WTB PSPWD 2003); Fisher Ranch, Order, 17 FCC Rcd 602, 603 (WTB PSPWD 2002) (granted waiver of inter-category freeze to permit I/LT assignee to operate on
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    • those users. We also believe that grant of a waiver would be in the public interest. The frequencies will be part of Delaware's statewide 800 MHz system, which will improve coverage and interoperability throughout Delaware. Accordingly, IT IS ORDERED, pursuant to Sections 2 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 152, 154(i), and Section 1.925 of the Communications Act of 1934, as amended, 47 C.F.R. � 1.925, the request for waiver filed on May 6, 2005 by the State of Delaware in connection with FCC File No. 0002152028 IS GRANTED, and application FCC File No. 0002152028 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority
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    • short-spacing table. We have also analyzed Puget Sound's mobile interference study and conclude that Puget Sound's mobile units are unlikely to cause interference to the co-channel base station receivers of King County's station. Accordingly, IT IS ORDERED, pursuant to Sections 2 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 152, 154(i), and Sections 1.3 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.3, 1.925, that the request dated July 8, 2004 filed by Central Puget Sound Regional Transit Authority for a waiver of Section 90.621(b)(4) of the Commission's Rules in connection with FCC File No. 0001865881 filed on December 7, 2004, IS GRANTED to the extent indicated herein. IT IS FURTHER ORDERED, pursuant to Section4(i)
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    • associations representing various segments of the fixed microwave community, including licensees and equipment manufacturers, one comment was filed by a frequency coordinator, and one ex parte letter was filed by a wireless carrier. In opposition, we received comments from a satellite provider and from an association representing the satellite industry. We address the comments in our discussion below. DISCUSSION Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
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    • 2001, because Cellutech failed to satisfy its construction requirements and did not timely file a request for an extension of time to meet those requirements. The Division also found that even if Cellutech had timely sought an extension of time to meet its construction requirements, Cellutech failed to demonstrate how the company met the waiver standard set forth in Section 1.925 of the Commission's rules. Under Sections 1.946(c) and 1.955(a)(2) of the Commission's rules, an 800 MHz SMR license will terminate automatically as of the construction deadline if the licensee fails to meet the requirements of Section 90.685, unless the Commission grants it an extension of time to construct or waives the construction requirements. An extension of time to complete construction
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    • well as its prompt action to remedy the delinquency along with the payment of late fees. CONCLUSION AND ORDERING CLAUSES For the foregoing reasons, WSS's Request for waiver of Section 1.2109 payment requirement is granted. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the Waiver Request, dated January 31, 2003, by WSS LLC, is granted. FEDERAL COMMUNICATIONS COMMISSION Margaret Wiener Chief, Auctions and Spectrum Access Division The payment deadline was December 23, 2002 and the late payment deadline was January 8, 2003. Those deadlines were established following the close of the bidding, pursuant to
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    • at Mt. Rose, which is in VPCSA 34, would result in a field strength at the border between VPCSAs 34 and 6 in excess of that permitted by Section 90.20(g). Placer also proposes to operate the Mt. Rose station with an antenna height greater than that permitted by Section 90.20(g) and, accordingly, requests a waiver of Section 90.20(g). Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • modification, frequency coordination, and interference protection measures. The Plan discusses system implementation and spectrum utilization. The Plan was coordinated with two of four adjacent regions and also includes Inter-Regional Coordination Procedures and Procedures for Resolution of Disputes that May Arise Under FCC Approved Plans (signed by the chairpersons of 700 MHz Regional Planning Regions 15 and 45). Waiver Request. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
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    • filing freezes for each region, one filing freeze for non-NPSPAC licensees and a separate freeze for NPSPAC licensees. See Wireless Telecommunications Bureau Outlines Application Freeze Process for Implementation of 800 MHz Band Reconfiguration, Public Notice, 20 FCC Rcd 8905 (WTB 2005) (800 MHz Freeze PN). Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. The computation of working days in this
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    • WPVU567 non-operational for a period longer than one year. Specifically, we grant a waiver of Section 90.157 until Station WPVU567 is reconfigured, or the completion of 800 MHz rebanding in North Carolina, whichever occurs first. Accordingly, IT IS ORDERED, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Communications Act of 1934, as amended, 47 C.F.R. � 1.925, that the waiver request filed by the County of Mecklenburg on January 11, 2006 in connection with FCC File No. 0002443428 IS GRANTED, and application FCC File No. 0002443428 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken pursuant to delegated
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    • people in southeastern Wisconsin. Granting the waivers serves the public interest because the SCADA system protects the eco-system of Southeastern Wisconsin by facilitating MMSD's safety and environmental operations, such as storm water and wastewater overflow. IV. ORDERING CLAUSES Accordingly, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, IT IS ORDERED that the waiver requests filed by the Metropolitan Milwaukee Sewage District on November 3, 2004 with respect to application FCC File No. 0001923176, on November 30, 2003 with respect to application FCC File No. 0001953696, and on April 14, 2005 with respect to application FCC File No. 0002082677 ARE
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    • substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in Section 1.1206(b) of the Commission's rules. This action is taken pursuant to Section 1.925(c)(i) of the Commission's Rules. FOR FURTHER INFORMATION CONTACT: John Borkowski, Assistant Division Chief for Spectrum Access, Spectrum & Competition Policy Division, Wireless Telecommunications Bureau, Federal Communications Commission, 202-418-0626. - FCC - See Request for Waiver, WT Docket No. 05-326, filed May 19, 2005 (ATC Waiver Request). 47 C.F.R. � 17.47(b). See ATC Waiver Request at pp. 1-10. See Letter from
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    • privately agree to field strength limitations to ensure that PacifiCorp's operations do not adversely affect maritime operations. The assignment applications went on public notice on June 22, 2005. On July 6, 2005, the National Telecommunications and Information Administration (NTIA) filed a petition to deny the assignment applications. On July 20, 2005, MariTEL filed an opposition to NTIA's petition. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • extend the date that the Sagebrush Carriers must achieve 95% penetration until June 30, 2007. We further impose conditions and reporting requirements to ensure that the Sagebrush Carriers achieve full compliance with the Commission's E911 requirements. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Extension/Waiver of the 95% Penetration Compliance Deadline IS GRANTED( subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be June 30, 2007. IT IS FURTHER ORDERED, that the request
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    • January 31, 2007, consistent with ACSW's deadline for the remainder of its Alaska service area. We further impose the conditions and reporting requirements described above to ensure that ACSW achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Petition of ACS Wireless for Limited Waiver of 95% Handset Penetration Deadline for Anchorage and Fairbanks IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be January 31, 2007
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    • safety of life, health, or property, that are provided by the governmental entities or by non-governmental entities authorized by the governmental entity whose primary mission is the provision of such services, and that are not made commercially available to the public by the provider. In the alternative, Richmond states that a grant of its request would be consistent with Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. A request for a rule waiver may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in view of
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    • submitted applications to participate in Auction No. 66, including Sierra Tel Internet. Commission records reflect that Sierra Tel Internet received a copy on May 23, 2006, which was more than seven weeks prior to the July 17th deadline. Section 1.2106(c) provides that if an applicant fails to submit an upfront payment, it will be ineligible to bid. Pursuant to Section 1.925, the Commission may grant a waiver of its rules if (i) it is shown that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual factual circumstances
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    • away. Use major appliances after 7 p.m. CalTrans requests a waiver of Section 90.242(a)(7) of the Commission's Rules, 47 C.F.R. � 90.242(a)(7), which permits TIS broadcast of ``only noncommercial voice information pertaining to traffic and road conditions, traffic hazard and travel advisories, directions, availability of lodging, rest stops and service stations, and descriptions of local points of interest.'' Under Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, a request for a rule waiver may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in view of
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    • August 3, 2006 By the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: introduction We have before us an application and associated waiver requests filed by the City of Chicago, Illinois (Chicago) to modify the license for trunked Public Safety Pool Station WPSG985, Chicago, Illinois, by adding twenty UHF frequency pairs. Chicago seeks a waiver, pursuant to Section 1.925 of the Commission's Rules, or, in the alternative, Section 337(c) of the Communications Act of 1934, as amended (the Act), of the Commission's Rules to enable it to use currently unassigned frequencies allotted for non-public safety use (Paging Request), and to use Private Land Mobile Radio (PLMR) UHF frequencies shared with television (TV) stations with less than the required separation
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    • amended, 47 U.S.C. � 154(i), and Section 1.41 of the Commission's Rules, 47 C.F.R. � 1.41, the Emergency Request regarding the pleading cycle filed by Maritime Communications/Land Mobile, LLC on November 2, 2005, IS GRANTED. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.3 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.3, 1.925, the Request to Accept Apparently Late Filing Of Petition to Deny filed by Warren C. Havens, Intelligent Transportation & Monitoring Wireless LLC, AMTS Consortium, LLC, Telesaurus-VPC, LLC, and Telesaurus Holdings GB LLC on November 14, 2005, IS GRANTED IN PART to the extent described above. IT IS FURTHER ORDERED that, pursuant
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    • 2006. The U.S. State Department provided a support letter, dated December 23, 2005. SafeView also provided in ex parte a letter of support dated Jan 10, 2006 from the Department of Corrections, State of Rhode Island. FPC v. Texaco Inc., 377 U.S. 33, 39 (1964). WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969). See also, 47 C.F.R. �1.925. 47 C.F.R. �1.3. Other licensed services (e.g., Fixed Satellite Services (FSS), Earth Exploration Satellite (ESS), etc.) also operate in the 24.75-30 GHz band, however, we did not receive comment from these licensees. We also note, as discussed, infra, that the SafeScout device operates as an unlicensed device under Part 15 of the rules, and as such, it must accept interference
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    • � 90.617(b), Table 2. See Letter dated August 11, 2005, from John Horsley, Executive Director, American Association of State Highway and Transportation Officials (AASHTO) to Federal Communications Commission; Letter dated December 23, 2005, from Julia Biggs, Enterprise Wireless Alliance to John Horsley, Executive Director, AASHTO (Concurrence Letters). Waiver Request. 47 C.F.R. � 90.621(b). 47 C.F.R. � 90.621(b)(4). 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). See, e.g., American Medical Response, Inc., Order on Reconsideration, 15 FCC Rcd 25587, 25591 � 10 (WTB PSPWD 2000). See Concurrence Letters. Id. Cf. State of Delaware, Order, 21 FCC Rcd 6332, 6333 � 5 (WTB PSCID 2006). (continued....) Federal Communications Commission DA 06-1608 Federal Communications Commission DA 06-1608 (R) O k � � (R) �
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    • steps to avoid future occurrences, because the Commission does not routinely grant such waiver requests. In this connection, we note that Disneyland indicates that it has implemented procedures to ensure timely filings in the future. ORDERING CLAUSes ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) if the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request filed January 24, 2005 by the Disneyland Resort in connection with application FCC File No. 0002018531 IS DENIED, and application FCC File No. 0002018531, filed January 24, 2005, by the Disneyland Resort to renew the license for Station WNYX856 SHALL BE DISMISSED. IT IS FURTHER ORDERED that, pursuant to
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    • unique or unusual factual circumstances of the instant case, application of the rule would be inequitable, unduly burdensome, or contrary to the public interest, or the applicant has no reasonable alternative. We conclude that Norcom has made a sufficient showing that grant of the requested waiver is warranted under the first prong of the waiver standard set forth in Section 1.925 of the Commission's Rules. The purpose of the fifty-mile limitation is to ensure that television stations and land mobile stations do not interfere with one another. Sections 90.305(a) and (b) of the Commission's Rules provide that private land mobile radio (PLMR) base stations operating in the 470-512 MHz band (which also constitutes TV channels 14 through 20) may be located
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    • reconfiguration is completed in South Carolina. In the event that York County still cannot acquire channels where Emission Mask G is permitted after band reconfiguration, it may request an extension of the waiver. Ordering Clauses. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by County of York, South Carolina in conjunction with application FCC File No. 0002370314 IS GRANTED IN PART to the extent indicated above, and CONDITIONED as follows: ``Operation with Emission Mask G is permitted only until 800 MHz band reconfiguration is completed in South Carolina.'' IT IS
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    • Announces FCC Form 603-T Is Available and Provides Guidance Regarding the Interim Process for Filing Spectrum Leasing Notifications and Applications, Public Notice, DA 04-252 (rel. Feb. 2, 2004). Second Report and Order, 19 FCC Rcd at 261. 47 C.F.R. �� 1.9020(i), 1.9030(h). 47 C.F.R. � 1.9035(i). 47 C.F.R. �� 1.9020(h)(3), 1.9030(g)(3). . 47 C.F.R. � 1.913(b). 47 C.F.R. � 0.331, 1.925. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h� h� " gd� 9 : � � h� hk hk ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� / i � # �,> �4 �
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    • and the condition placed on the license by section 1.2110(g)(4) of the Commission's rules, and Big Sky will remain subject to the Commission's debt collection procedures. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to the authority granted in Sections 4(i) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(j), and sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, Big Sky is GRANTED, to the extent described herein, a nunc pro tunc waiver of the automatic cancellation provision of section 1.2110(g)(4)(iv), 47 C.F.R. � 1.2110(g)(4)(iv), for its BRS license for the Butte, Montana BTA. IT IS FURTHER ORDERED that, pursuant to the authority granted in Section 4(i) of the Communications
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    • Acceleration Letter''). Id. at 2. See supra note 1. Supplement, Letter Attachment at 1. Petition at 1; Letter Attachment to Supplement at 2.. To the extent that SoFast requests reconsideration of the automatic cancellation of its BTA authorization, which occurred on September 1, 2001, SoFast's 2003 Petition and Supplement were filed late. See 47 C.F.R. � 1.106(f). 47 C.F.R. � 1.925. Letter Attachment to Supplement at 2. The Consent to Assignment explicitly required SoFast, as the assignee, to make the installments payment due on November 30, 1999. See Consent to Assignment, File No. BMDAL990610XP, dated September 15, 1999; see also Svab Letter, dated September 15, 1999. 47 C.F.R. � 1.2110(g)(4). See supra paragraph 5. The Commission's installment payment rules require late
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    • confidential treatment. Otherwise, the attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands waiver requests, see Section IV, ``Exhibit Y: Tribal Lands Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
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    • Commission's finding in the NextWave-Cingular Order, the existence of a negotiated settlement agreement between a licensee and the government does not automatically relieve the Applicants of their regulatory obligations under the Commission's rules. Rather, in circumstances where the implementation of a settlement agreement results in a departure from the Commission's rules, the Commission must apply the legal standard in section 1.925 of its rules to consider whether it should grant any necessary waivers. Accordingly, if we are to approve the assignment of licenses to Cricket as described in the Application, we must grant Urban Comm a limited waiver of the full payment provisions of sections 1.2111 and 24.714 as well as a waiver to Cricket regarding the timing provisions of section
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    • are two separate application filing freezes for each region, one filing freeze for non-NPSPAC licensees and a separate freeze for NPSPAC licensees. See Wireless Telecommunications Bureau Outlines Application Freeze Process for Implementation of 800 MHz Band Reconfiguration, Public Notice, DA 05-1340, released May 11, 2005. Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. The computation of working days in this
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    • modify the facilities for Station KNGD349. Thus, based on the record currently before us, we deny the waiver request and dismiss the application without prejudice to Morgan's re-filing its request consistent with the Commission's technical rules and waiver criteria. Accordingly, IT IS ORDERED that pursuant to section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Waiver filed by the County of Morgan, IS DENIED, and application FCC File No. 0002515820 SHALL BE DISMISSED consistent with this Order. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Dana Shaffer
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    • 90.179 of the Commission's Rules. This Order grants DEC's request for waiver to allow it to use Douglas' UHF communication system on a non-profit basis subject to DEC and Douglas entering into a sharing agreement. V. ORDERING CLAUSES IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.179 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.179, the Waiver Request filed by DEC on August 8, 2006, IS GRANTED as set forth above. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Dana Shaffer Deputy Bureau Chief, Chief of Policy
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    • compliance with such interim construction requirements; and (e) the substitution of a single substantial service standard for renewal at the 2019 expiration of the consolidated license. For the reasons discussed below, we find that, given the unique and unusual circumstances in this case, it would be in the public interest to partially grant Access' request for waiver pursuant to section 1.925(b), thereby providing for a conditional five-year renewal for its two Phase I nationwide licenses that were scheduled to expire in 2004. However, we deny Access' request for further relief with regard to its Phase I and Phase II licenses. Accordingly, Access' Phase II licenses remain subject to the existing 2007 interim performance requirements and current requirements for renewal in 2009
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    • 80.1055. BriarTek contends that such a waiver is appropriate because DSC alerts will provide additional information that will assist in directing the alert signal to the appropriate responders, which will increase the effectiveness of search and rescue operations. On May 2, 2006, we sought comment on BriarTek's waiver request. Four comments were filed supporting the request for waiver. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • case. For example, in McLeod USA, Inc., the winning bidder requested and received a waiver of the filing deadline where for three hours it attempted to timely submit its long-form application electronically. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 5(c)(1) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 155(c)(1), and sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331, 1.925, the waiver requests filed on October 6, 2006 by AST Telecom, LLC, Public Service Wireless Services, Inc., and Cavalier Wireless, LLC are HEREBY GRANTED to the extent indicated above, AND ARE OTHERWISE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION _____________________________________ Joel D. Taubenblatt Chief, Broadband Division Wireless Telecommunications Bureau 47 C.F.R. � 1.2107(c). See
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    • has filed a Petition for Rule Making, which is now the subject of an ongoing Commission proceeding. See, Notice of Inquiry, Notice of Proposed Rulemaking, and Order in ET Docket No. 06-135, FCC 06-103, released July 18, 2006, 71 FR 43682, August 2, 2006. See WAIT Radio v. FCC, 459 F.2d 1203, 1207 (D.C. Cir. 1972). See 47 C.F.R. � 1.925. See 47 C.F.R. � 15.205. See para. 6, supra. Devices that are implanted in patients under the provisions of these rules will be permitted to continue to operate indefinitely. (...continued from previous page) (continued....) Federal Communications Commission DA 06-2316 Federal Communications Commission DA 06-2316 �@��� F � 0 � � � � �
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    • band for the final RF link to deliver KTRB(AM)'s broadcast signal to the Tubbs Island transmitter site. Accordingly, on June 5, 2006, Pappas filed the Modification Application with the Waiver Request to permit the use of Station WQEZ451 as the final RF link for the delivery of KTRB(AM)'s programming to its transmitter. No oppositions or objections were filed. DISCUSSION Section 1.925(b)(3) of the Commission's Rules requires parties seeking a waiver to demonstrate that: (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the instant
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    • bright-line rule in terms of clarity and certainty. We thus conclude that the spousal affiliation rule does apply to MC/LM, notwithstanding its claims regarding Mrs. DePriest's financial independence from Mr. DePriest and her exercise of sole control over MC/LM. Accordingly, absent a waiver, Mr. DePriest's revenues must be attributed to MC/LM for purposes of determining its designated entity status. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • in and rapid deployment of new technologies and services.'' 47 U.S.C. �� 309(j)(3), 309(j)(4)(B); see WCS Report and Order, 12 FCC Rcd at 10848 � 114. See WCS Coalition Request at 4; Cellutec Request at 1, 3. In fact, renewal applications may not be filed until ninety days prior to license expiration. See 47 C.F.R. � 1.949. Pursuant to section 1.925 of the Commission's rules, a waiver of the Commission's rules may be granted, where the petitioner demonstrates that (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or
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    • a waiver in this instance as it will both enhance nuclear power plant security, and avoid potentially dangerous electromagnetic and radio frequency interference that could cause an equipment malfunction or other problem at the plant. Ordering Clauses. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver filed by Dominion Nuclear Connecticut, Inc. on December 13, 2004 and supplemented on March 21, 2006 IS GRANTED, and application FCC File No. 0001969467 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to Sections 0.131 and
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    • the purpose of the 900 MHz freeze. We also agree with HB that grant of the instant waiver requests is in the public interest, as grant of the waivers will promote the safety of life and property. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R � 1.925, the requests for waiver filed in association with applications FCC File Nos. 0002094603, 0002058468 ARE GRANTED, and the applications SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131,
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    • the purpose of the 900 MHz freeze. We also agree with Navistar that grant of the instant waiver request is in the public interest, as grant of the waiver will promote the safety of life and property. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R � 1.925, the request for waiver filed in association with application FCC File No. 0002202149 IS GRANTED, and the application SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331.
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CITY OF RICHMOND, VIRGINIA For 900 MHz Channels to Operate a Regional Public Safety Two-Way Paging System in Henrico, Chesterfield, and Hanover Counties, Virginia and Request for Waiver Pursuant to Section 337(c) of the Communications Act of 1934, and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) ) File No. 0002660203 Adopted: December 11, 2006 Released: December 12, 2006 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction We have before us an application and associated waiver request filed by the City of Richmond, Virginia (Richmond) to operate a
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    • U.S.C. � 154(i), and Section 1.2 of the Commission's Rules, 47 C.F.R. � 1.2, that the request for a staff interpretation of Section 90.213 of the Commission's Rules filed by Radianse, Inc., on December 6, 2005 IS DENIED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Radianse, Inc., on December 6, 2005 IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau K:\. . .\PSCID\Conway\Radianse Waiver
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F '' q s u x �
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    • be directed away from the Andrews AFB. WGN therefore concludes that, ``[t]hese technical parameters, combined with 10 years of uninterrupted operation without any interference complaints, clearly demonstrate that strict application of the rule here is not necessary to protect the Andrews AFB earth station/satellite operation from interference and that a waiver of the rule should accordingly be granted.'' DISCUSSION Section 1.925(b)(3) of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
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    • and who currently are reliant on analog hearing aid-compatible or emergency-only equipment. As part of this obligation, we expect ACSW to conduct outreach to ensure that members of the public are aware that such free equipment is available to them should they be affected by ACSW's discontinuation of analog service. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Sections 1.925(b)(3) and 22.901(b) of the Commission's rules, 47 C.F.R. �� 1.925(b)(3) and 22.901(b), the Petition of ACS Wireless, Inc. for Limited Waiver of Analog Service Rule, filed March 10, 2006, File No. 0002764176, IS GRANTED as provided herein, and ACS Wireless, Inc. IS ALLOWED to discontinue providing analog service at its Cape Spencer, Ratz Mountain, Hoonah, Gunnuk, High Mountain, Manley, and
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    • STAs to operate on pre-rebanding channels. However, we anticipate that STA requests failing to show a public safety need to initiate operations during rebanding will not be routinely granted. This policy applies both to new or modified base station facilities and to mobile and portable radios that may be added to a system in the post-freeze environment. 47 C.F.R � 1.925. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � Q \ ^ l � � � � � � h8 F F ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� p t t t
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    • Rebanding Report and Order for licensees that would cause interference using replacement channels (i.e., Southern requests an extension only until the completion of rebanding in the NPSPAC regions that cover its U-block license and not an additional six months after such time). For the reasons stated above, we find good cause to grant Southern its Waiver Request, pursuant to section 1.925 of the Commission's rules, and as outlined in the Rebanding Report and Order by extending the five-year construction deadline for license WPSA361. Specifically, we extend the five-year construction deadline until the completion of the 800 MHz band reconfiguration within all of the NPSPAC Regions covered by license WPSA361. This action is taken under delegated authority pursuant to section 4(i) of
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    • view of the unique or unusual circumstances of the case, application of the rule would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. We conclude that Bridgewater has made a sufficient showing to warrant grant of the requested waiver under the first prong of the waiver standard set forth in Section 1.925(b)(3) of the Commission's rules. The purpose of the fifty-mile limitation is to ensure that television stations and land mobile stations do not interfere with one another. Sections 90.305(a) and (b) of the Commission's rules provide that private land mobile radio (PLMR) base stations operating in the 470-512 MHz band may be located only within fifty miles of the geographic centers
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. Wireless Telecommunications Bureau Seeks Comment On Request By Antilles Wireless, L.L.C. d/b/a USA Digital for Waiver of the Requirement to Transition to the New BRS/EBS Band Plan, Public Notice, DA 06-2529 (WTB BD rel. Dec. 15, 2006). Id. Motion for Extension of Time from Clearwire Corporation, filed on behalf of Fixed Wireless Holdings, LLC
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    • application filing freezes for each region, one filing freeze for non-NPSPAC licensees and a separate freeze for NPSPAC licensees. See Wireless Telecommunications Bureau Outlines Application Freeze Process for Implementation of 800 MHz Band Reconfiguration, Public Notice, DA 05-1340, released May 11, 2005 (Two Freeze PN). Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. The computation of working days in this
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    • 24.714 of the Commission's rules. Consistent with the Commission's finding in the NextWave-Cingular Order, the existence of the Settlement Agreement does not automatically relieve the Applicants of their obligations under the Commission's rules. Rather, in circumstances where the implementation of a settlement agreement results in a departure from the Commission's rules, the Commission must apply the legal standard in section 1.925 of its rules to determine whether it should grant any necessary waivers. Thus, if we are to approve the assignment of licenses to Verizon Wireless as described in the Applications, we must grant Urban Comm a limited waiver of the full payment provisions of section 1.2111 pursuant to section 1.925 of the Commission's rules. As a general matter, to obtain
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    • their location based on GPS-derived location information. --Grant of this waiver is subject to the resolution of Garmin's pending petition for rulemaking, RM-10762. --We may immediately terminate the waiver if harmful interference is reported to the Commission. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, Garmin International, Inc.'s request for extension of the waiver filed on April 6, 2004, IS GRANTED, and the waiver granted to Garmin International, Inc. on October 27, 2004 IS EXTENDED for two years from the release date of this Order, under the same terms and conditions as the initial waiver. IT IS
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    • on the subject frequencies without Commission authorization during periods after the expiration of the license for Station WPPW335 when GPC did not have an STA, our decision is without prejudice to any Enforcement Bureau action. Accordingly, IT IS ORDERED, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's Rules 47 C.F.R. � 1.925, the waiver request filed by the Georgia Pacific Corporation in connection with FCC File No. 0002355177 and dated October 21, 2005 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) that application FCC File No. 0002355177, filed on October
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 06-2625 Released: December 29, 2006 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON RONAN TELEPHONE COMPANY REQUEST FOR THREE ADDITIONAL YEARS TO MEET TRIBAL LANDS BIDDING CREDIT CONSTRUCTION REQUIREMENT WT Docket No. 06-231 Comments due January 12, 2007. Reply Comments due January 17, 2007. Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the Request of Ronan Telephone Company (Ronan) for three additional years to meet the tribal lands bidding credit (TLBC) construction requirement for the Blackfeet Indian Reservation located in Montana (Request). On January 29, 2004, the Commission granted Ronan the Lower 700 MHz Band C Block license for
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    • license automatically cancelled. Given the totality of the circumstances, we find that a nunc pro tunc waiver of the automatic cancellation of the license serves the public interest. Accordingly, IT IS ORDERED that, pursuant to the authority granted in Sections 4(i) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(j), and sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, Leaco is GRANTED a nunc pro tunc waiver of the automatic cancellation of its licenses pursuant to section 1.2110(g)(4)(iv), 47 C.F.R. � 1.2110(g)(4)(iv). This action is taken under delegated authority pursuant to sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel
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    • Order and the condition placed on the license by section 1.2110(g)(4) of the Commission's rules, and Advanced will remain subject to the Commission's debt collection procedures. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to the authority granted in Sections 4(i) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(j), and sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, Advanced is GRANTED, to the extent described herein, a nunc pro tunc waiver of the automatic cancellation provision of section 1.2110(g)(4)(iv), 47 C.F.R. � 1.2110(g)(4)(iv), for its five 900 MHz SMR licenses. IT IS FURTHER ORDERED that, pursuant to the authority granted in Section 4(i) of the Communications Act of 1934,
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    • Commission's Rules in order to use 30 MHz bandwidth on these two frequencies. MPBC notes that Mr. Erbeck's statement confirms that no other frequencies are available. MPBC submits a showing, pursuant to Section 101.103(d) of the Commission's Rules, that the frequencies requested have been properly coordinated and that there are no unresolved interference objections. III. DISCUSSION 5. Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • of lower power channels, and discusses system implementation and spectrum utilization. The Plan was coordinated with five of the six adjacent regions and also includes Inter-Regional Coordination Procedures and Procedures for Resolution of Disputes that May Arise Under FCC Approved Plans (signed by the chairpersons of 700 MHz Regional Planning Regions 27, 35, 41, 43 and 46). Waiver Request. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
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    • interoperability repeater is to be installed within seventy miles of the State boundary, the adjacent 800 MHz regional planning committee must be notified with the location in order to prevent interference to that region's interoperability capabilities. Plan Appendix IV- Frequency Allocation List (Allocated Channels by User) is updated to reflect prior Commission-approved allotment and channel assignment changes. Waiver Request. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in view of the unique
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    • Form 601 on July 8, 2005. PSI, like three other Auction No. 59 applicants who also missed the long-form filing deadline, requested a waiver of that deadline. On October 13, 2005, the Bureau's Public Safety and Critical Infrastructure Division (Division or PSCID) granted PSI's waiver request. The Division found that PSI had demonstrated that a waiver was warranted under Section 1.925(b)(3) of the Commission's Rules because granting such relief to PSI would not undermine the purpose of Section 1.2107(c), the rule which requires the timely filing of long-form applications, and would serve the public interest. The Division explained that ``[a]n underlying purpose of post-auction application deadlines is to ensure that winning bidders satisfy the Commission's qualification and eligibility requirements in a
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    • and Ordering Clauses. After careful consideration of the information before us, we deny MRA's request for waiver, and will dismiss MRA's application. We also dismiss as moot the objections of NSTN and SDSU to MRA's above-captioned application. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Waiver of Section 90.187 filed by Mobile Relay Associates on January 6, 2005 in association with application FCC File No. 0001996438 IS DENIED, and application FCC File No. 0001996438, filed by Mobile Relay Associates on January 6, 2005 SHALL BE DISMISSED. IT IS FURTHER ORDERED that, pursuant to Section
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    • Section 90.209 or why complying with Section 90.209 on offset channels would prevent it from communicating with other wideband licensees. Finally, although Claremont states that it intends to transition to narrowband technology, no timetable is provided. Ordering Clauses. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by City of Claremont with respect to application FCC File Number 0001900182 IS DENIED, and application FCC File No. 00019000182 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
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    • if the Commission declines to grant a permanent waiver as requested, that the Commission grant a temporary waiver for 180 days from the date of closing of the Transaction, to enable the parties to close the Transaction on schedule and to allow Cebridge to take such steps as are necessary to comply with the rule. III. DISCUSSION Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • the assignment of the spectrum differently, e.g., by making specific assignments to eligible public safety entities, or by establishing an allotment pool approach based on political boundaries such as counties. The Region 22 Plan pre-allocates the narrowband General Use and Wideband channels by county as listed in the Region 22 Channel Allotments, Plan Attachments 7, 8, 12 and 13. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � � " � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F x �
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    • [sic] additional telecommunications capabilities. Each mobile computer is customized to meet the business requirements and applications of Hand Held Products' specific customers.'' Hand Held Request at 3. Id. Id. at 3-4. Id. at 6. Id. at 7. Id. at 5. Id. at 5-6. Id. at 6. Id. at 8. See 47 C.F.R. � 1.2. See, e.g., 47 C.F.R. �� 1.3, 1.925. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ��`��gd�r % & � � h�r ��`��gd�r ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F
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    • operations with 20 kHz bandwidth. However, we caution DMC that it must achieve narrowband compliance with Section 90.265 on or before January 1, 2013, and to ensure that it timely adheres to its license renewal obligations. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Request filed by the Detroit Medical Center on February 15, 2006 associated with application FCC File No. 0002316654 IS GRANTED, and the application SHALL BE PROCESSED in accordance with this Order and the Commission's rules. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of
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    • a waiver of Section 90.20(d)(81) of the Commission's rules. Specifically, Long Beach may operate 25 kHz bandwidth equipment on the frequencies 458.2250 MHz, 458.7000 MHz and 458.8500 MHz at the fixed location specified in its application. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Request filed by the City of Long Beach with respect to application FCC File No. 0002369871 IS GRANTED as noted herein. IT IS FURTHER ORDERED that the Policy Division of the Public Safety and Homeland Security Bureau SHALL PROCESS application FCC File No. 0002369871 in accordance with this Order
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    • to operate on frequency pair 476/479.3250 MHz because it has neither submitted a signed sharing statement nor sought or supported a waiver of Section 90.313(c). Therefore, we grant Vernon's application, in part, and deny it, in part. Ordering Clauses Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the Request for Waiver of Section 90.307(d) of the Commission's rules, 47 C.F.R. � 90.307(d), filed by the Township of Vernon, New Jersey on June 9, 2006, IS GRANTED SUBJECT TO THE CONDITIONS SPECIFIED HEREIN. IT IS FURTHER ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C.
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    • and Homeland Security Bureau seeks comment on the above-captioned eighteen applications and associated waiver request filed on December 22, 2006, by the City of Boston, Massachusetts (Boston), on behalf of the Metro-Boston Homeland Security Region (MBHSR). Boston seeks waiver relief, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. � 337(c), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, to use seventy-two unassigned 47 C.F.R. Part 22 paging control frequencies in the 470-512 MHz band for public safety communications. Boston contends that its proposed use of the subject frequencies is necessary due to the lack of available public safety frequencies in the Boston metropolitan area. Boston also asserts that use of
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TOWNSHIP OF CINNAMINSON, NEW JERSEY Request for Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as amended, and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) ) File No. 0002369035 Order Adopted: March 6, 2007 Released: March 7, 2007 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction We have before us an application and associated waiver request filed by the Township of Cinnaminson, New Jersey (Cinnaminson) to modify its public safety
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    • its long-form application on July 8, 2005, approximately one month after the June 9, 2005 deadline for filing such applications, as set forth in the Auction Closing PN. PSI therefore requested a waiver of the long-form filing deadline. On October 13, 2005, the Division granted the waiver request, concluding that PSI had demonstrated that such relief was warranted under Section 1.925(b)(3) of the Commission's Rules because it would not undermine the purpose of Section 1.2107(c), the rule which requires the timely filing of long-form applications, and would serve the public interest. The Division explained that ``[a]n underlying purpose of post-auction application deadlines is to ensure that winning bidders satisfy the Commission's qualification and eligibility requirements in a timely manner and so
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    • its system to operate in another band. This does not establish that Domtar has no reasonable alternative. Additional expense alone does not establish that a reasonable alternative is unavailable or that a waiver is warranted. Accordingly, IT IS ORDERED, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's Rules 47 C.F.R. � 1.925, that the waiver request filed by Domtar Industries, Inc. in connection with FCC File No. 0002364245 and dated October 31, 2005 IS DENIED, and FCC File No. 0002364245 SHALL BE DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131(a) and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131(a),
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    • efficiently permit service on these channels by public safety, homeland security, and other private land mobile users. The Commission published notice of the filing of the MariTEL assignment applications on January 25, 2006, the DRM and MacIntyre assignment applications on June 28, 2006, and the SMR assignment application on July 5, 2006. No petitions to deny were filed. Discussion. Section 1.925 of the Commission's Rules provides that the Commission may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application
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    • confidential treatment. Otherwise, the attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands waiver requests, see Section IV, ``Exhibit Y: Tribal Lands Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
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    • limited extension of the deadlines by which they were required to achieve 95% penetration among their subscribers of location-capable handsets. We therefore grant Petitioners' requests for further waiver, subject to the conditions and reporting requirements described herein. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules filed by South #5 RSA Limited Partnership d/b/a Brazos Cellular Communications, Ltd. IS GRANTED, nunc pro tunc, subject to the
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-127 January 22, 2007 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER OF THE analog service requirement WT Docket No. 07-10 Comments due February 12, 2007 Reply Comments due February 22, 2007 Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the request of Corr Communications, LLC (Corr), Call Sign KNKN904, for waiver of Section 22.901(b) of the Commission's rules, which requires Cellular Radiotelephone Service licensees to provide analog service to subscribers and roamers whose mobile equipment conforms to the Advanced Mobile Phone Service (AMPS) standard until February
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-127 January 22, 2007 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER OF THE analog service requirement WT Docket No. 07-10 Comments due February 12, 2007 Reply Comments due February 22, 2007 Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the request of Corr Communications, LLC (Corr), Call Sign KNKN904, for waiver of Section 22.901(b) of the Commission's rules, which requires Cellular Radiotelephone Service licensees to provide analog service to subscribers and roamers whose mobile equipment conforms to the Advanced Mobile Phone Service (AMPS) standard until February
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    • FCC Form 175, ``Applicant Information'' screen (December 2006). The question in its entirety reads: ``Are you a nonprofit educational organization or a municipality applying for a station eligible to be licensed as a noncommercial educational radio or television broadcast station?'' Petition at 3. NCE Second R&O, 18 FCC Rcd at 6700. Petition at 2. 47 C.F.R. � 1.2105(b)(2). Id. � 1.925. Petition at 3. NCE Second R&O, 18 FCC Rcd at 6700. See Letter to James K. Davis, Vice President and General Manager, Vero Beach Broadcasting, LLC, 20 FCC Rcd 19346 (WTB 2005). Radio Training Network, Inc. March 15, 2007 Federal Communications Commission Washington, D.C. 20554 n � � � � � � � � �B��k�(/YM��`鉉��PNG �0���eX...�W0f�"˸ -ʝ �D... p-C� C\
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    • proposed frequency configuration will therefore reduce the level of potential interference to other users. We also conclude that a waiver will serve the public interest, by contributing to the safety of the public attending events at the arena. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver requests filed by Cavalier Operating Co, LLC, with respect to applications FCC File Nos. 0002909707 and 0002912913 ARE GRANTED, and applications FCC File Nos. 0002909707 and 0002912913 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to Sections
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit | | | | | � ��2 P | | | DA 07-1741 Released: April 16, 2007 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST OF COPPER VALLEY WIRELESS, INC. FOR WAIVER OF THE analog service requirement WT Docket No. 07-80 Comment Date: May 7, 2007 Reply Comment Date: May 17, 2007 Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (``Bureau'') hereby seeks comment on the request of Copper Valley Wireless, Inc. (CVW), Call Sign KNKQ401, for waiver of Section 22.901(b) of the Commission's rules. Section 22.901(b) requires cellular radiotelephone service licensees to provide analog service until February 18, 2008 (the ``analog sunset date'') to subscribers and roamers whose mobile equipment conforms
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1741A1_Erratum.doc
    • Content-Type: text/plain Content-Transfer-Encoding: 8bit | | | | | � ��2 P | | | DA 07-1741 Released: April 16, 2007 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST OF COPPER VALLEY WIRELESS, INC. FOR WAIVER OF THE analog service requirement WT Docket No. 07-80 Comment Date: May 7, 2007 Reply Comment Date: May 17, 2007 Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (``Bureau'') hereby seeks comment on the request of Copper Valley Wireless, Inc. (CVW), Call Sign KNKQ401, for waiver of Section 22.901(b) of the Commission's rules. Section 22.901(b) requires cellular radiotelephone service licensees to provide analog service until February 18, 2008 (the ``analog sunset date'') to subscribers and roamers whose mobile equipment conforms
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    • the 900 MHz freeze is important for the safe operation of Hyatt's hotel. For the aforementioned reasons, we grant Hyatt's request for waiver of the 900 MHz freeze and permit the processing of its application. Accordingly, IT IS ORDERED, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's Rules 47 C.F.R. � 1.925, the waiver request filed by the Hyatt Regency Corporation d/b/a Hyatt Regency Atlanta in connection with FCC File No. 0002320687 and dated September 20, 2005 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) that application FCC File No.
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    • rebanding. Therefore, we conclude that Sprint should pay for retuning of these facilities, notwithstanding the fact that they were incorrectly classified as temporary facilities and that STAs for the facilities were granted after the freeze. Ordering Clause ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the waiver request filed, by the Commonwealth of Pennsylvania in connection with application FCC File No. 0002886293 IS GRANTED to the extent discussed herein. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION David L. Furth
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    • representing children's groups claim that Clarity's proposal to publicize Amber Alerts and provide other information regarding missing persons could help save lives. Discussion Under Section 1.3 of its rules, the Commission may grant waiver requests when ``good cause'' exists to do so. Clarity points to the waiver standard established for Wireless Services in support of its waiver request. Under Section 1.925(b)(3) of the Commission's rules, ``good cause'' exists where (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of the unique or unusual factual circumstances of the instant case, application of
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    • installment payment deadlines, 47 C.F.R � 2110(g)(4)(iv), and reinstatement of the 900 MHz Specialized Mobile Radio Service T block license for the Dallas-Fort Worth major trading area, MTA007, is DENIED. This action is taken pursuant to sections 4(i), 4(j), 303(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), 303(r), and 309(j), and sections 1.925 and 1.2110(g)(4) of the Commission's rules, 47 C.F.R. �� 1.925 and 1.2110(g)(4), under authority delegated pursuant to section 0.331 of the Commission's rules, 47 C.F.R. � 0.331. FEDERAL COMMUNICATIONS COMMISSION Fred B. Campbell, Jr. Chief, Wireless Telecommunications Bureau Waiver - Expedited Action Requested; Request for Reinstatement, filed by CommNet Communications Network, Inc., on Sept. 22, 2004 (``Waiver and Reinstatement Request'').
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    • proposed sites and an adjacent-channel TV station. Finally, Dauphin requests a waiver of Section 90.309, Table C to allow its mobile units to operate with more power than permitted and requests a waiver of Section 90.309, Table A to allow its base stations to be short-spaced to co-channel TV stations. Dauphin contends that the waivers are justified under both Section 1.925 and Section 337(c) of the Communications Act of 1934, as amended. For the reasons stated below, we grant Dauphin's Waiver Request, subject to the conditions specified herein. BACKGROUND Dauphin states that it is upgrading its public safety radio communication system. According to Dauphin, the new radio system will provide first responders with a county-wide communications capability along with interoperability with
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    • due to causes beyond its control. Furthermore, in recognizing that compliance with the broadband PCS construction requirements may be difficult at times, the Commission stated that, in situations in which the circumstances are unique and the public interest would be served, it would consider waiving the PCS construction requirements on a case-by-case basis. Waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of the rule would be
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    • requested the extension because his counsel was assisting family and friends relocated to the Washington area because of Hurricane Katrina. We find good cause for the extension and grant Pascual's request. Opposition at 2-3. Opposition at 4-5. See 47 C.F.R. � 21.11(c) (2004). Id. The waiver standard under Section 21.19 is the same as the standard set forth under Section 1.925(b)(3), which applies to BRS licensees as of January 10, 2005. 47 C.F.R. �� 1.925(b)(3), 21.19. See Jonsson Communications Corp., Memorandum Opinion and Order, 17 FCC Rcd 22697 (WTB PSPWD 2002). Waiver Request. Id. Id. Opposition at 2. Petition at 1 n.1. AMTS Consortium, LLC, Order, 20 FCC Rcd 17975, 17976 � 4 (WTB PSCID 2005); Mobex Network Services, LLC, Order,
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    • of the Commission's Rules to Facilitate Development and Use of the Universal Licensing System in the Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476, 11486 � 22 (1999) (ULS MO&O). See id, 14 FCC Rcd. at 11486 � 22. See id., 14 FCC Rcd at 11485 � 22. 47 C.F.R. � 1.925(b)(3). See Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure
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    • extension of time to construct the Modification Application. On July 20, 2004, the Wireless Telecommunications Bureau declared the authorization for Station WNC586 forfeited, pursuant to Section 73.3534(e) of the Commission's Rules, for failure to construct and for failure to request an extension of time to construct. SBI filed the Petition on August 27, 2004. SBI contends that, pursuant to Section 1.925(b)(3)(ii) of the Commission's Rules, we should waive Section 73.3534 of the Commission's Rules and reinstate the construction permit for Station WNC586. First, SBI argues that a waiver is necessary due to the unique circumstances that resulted in SBI failing to file the necessary extension applications. SBI states that it and NTELOS recognize that a timely application should have been filed,
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    • confidential treatment. Otherwise, the attachment will be available for public inspection. EXHIBIT G: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands waiver requests, see Section IV, ``Exhibit Y: Tribal Lands Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit G: Waiver Requests'' in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
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    • its customers. The Bureau also concludes that requiring USA Digital to transition to the new band plan would be inequitable, unduly burdensome and contrary to the public interest because it would be required to discontinue its existing service to customers ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 27.1231(g) of the Commission's Rules, 47 C.F.R. �� 1.925, 27.1231(g), that the Request for Waiver filed by Antilles Wireless, L.L.C. d/b/a/ USA Digital on November 16, 2006 IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. Federal Communications Commission Jane E. Jackson Associate Chief,
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F � µ�
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 U b j � � ` � � � � � � � � � h3 h3 h3 h3 h3 h3 h3 h3 h3 ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh�
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � � .� � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F � �
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. CNI Waiver Request at 6. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h� V W d s � � 0� � � � � ) ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��''
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � $ U \ ] ^ j q | } � � � � `` � � � � � � � � � h�' h�' h3 h3 h3 h3 h3 h3
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2173A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2173A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2173A1.txt
    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 U b j � � ` � � � � � � � � � h3 h3 h3 h3 h3 h3 h3 h3 h3 ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh�
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2174A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2174A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2174A1.txt
    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. Although NCC refers to channel lessors in its proposed conditions, all of the spectrum referred to in its waiver request is licensed to NCC. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 3 4 A P ... ' � �
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 tm � � � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F m �
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � -� � � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F � � �-� �-�
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 = J R n x y " � � � � � � � � � h3 h3 h3 h3 h3 h3 h3 h3 h3 h3 h3 h3 ��PNG r v ��"r�9
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 (c) -(c) � � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F '' (c)
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � tm � � � � hr ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F � r
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ! & ' *' ) 7 : � � � h hr ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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    • criteria in support of its request for a waiver of Sections 90.20(c) and 22.561 to operate on frequency 158.490 MHz in Whatcom County, Washington. We therefore grant Washington's waiver request, subject to the conditions stated herein. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Request filed by the State of Washington with respect to application File No. 0002479866 IS GRANTED, subject to the conditions that the State of Washington (i) operates on frequency 158.490 MHz on a secondary basis to existing primary paging licensees, Stations KNKB425 (Spokane, WA), KNKB576 (Spokane, WA), KOA793 (Wenatchee,
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    • License. Tracy then filed a supplement to its Petition, in which it argued that its circumstances were similar to those of other licensees that had recently been granted waivers of the automatic cancellation provision of Section 1.2110(g)(4). On February 28, 2007, the Wireless Telecommunications Bureau (Bureau) granted Tracy's Petition seeking reconsideration of the ASAD Order. Given Tracy's showing under section 1.925 of the Commission's rules, including its full payment of its debt obligation, the Bureau concluded that Tracy had met the Commission's standard for a waiver of the automatic cancellation provision of Section 1.2110(g)(4)(iv) with respect to the License. In keeping with the Commission's statutory obligations, the Bureau concluded that the preservation of the PCS license assignment to Tracy provides the
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    • direct mailings, billing inserts, and newspaper notices. At least 30 days before discontinuing analog service, Corr must either certify that the discontinuance of AMPS service will not result in any loss of wireless coverage throughout its Cellular Geographic Service Area (CGSA), or file revised CGSA information pursuant to Section 22.911. Accordingly, IT IS ORDERED that, pursuant to Sections 0.131, 0.331, 1.925(b)(3) and 22.901(b) of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.925(b)(3) and 22.901(b), the Request of Corr Wireless Communications, LLC for Waiver of Section 22.901(b) of the Commission's Rules, filed January 31, 2006, IS GRANTED, subject to the conditions enumerated above. FEDERAL COMMUNICATIONS COMMISSION Roger Noel Chief, Mobility Division Wireless Telecommunications Bureau 47 C.F.R. � 22.901(b). See Year 2000
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    • to facilitate effective public safety communications. Our decision here is consistent with our prior Tuscarawas decision, in which we granted a waiver of the General Category freeze on our own motion under similar circumstances. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the request for waiver of the inter-category freeze filed by the County of Tompkins in association with FCC File Nos. 0002574431 and 0002574522 is DISMISSED as moot. It is FURTHER ORDERED that the request for waiver of the inter-category sharing freeze and the Wave 4, Stage 1 application freeze
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    • ``that should a carrier be unable to fulfill its construction requirements at the end of three years, it may seek a waiver from the relevant Commission rule.'' DISCUSSION As described in more detail below, we find that the unique circumstances described by Ronan warrant a limited waiver of the TLBC construction requirement. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit ( � � � � � ` � � � � DA 07-2597 Released: June 14, 2007 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUESTS FOR WAIVER TO PERMIT THE APPROVAL OF CLASS B AUTOMATIC IDENTIFICATION SYSTEM (AIS) DEVICES WT Docket No. 04-344 Comment Date: July 5, 2007 Reply Comment Date: July 16, 2007 Pursuant to Section 1.925(c) of the Commission's Rules, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the requests of ACR Electronics, Inc. and Software Radio Technology plc (SRT) to authorize Class B AIS transponders (collectively, the Requests). In a Further Notice of Proposed Rule Making in WT Docket No. 04-344, the Commission proposed rules to permit the authorization and use of Class B
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    • control, only part of the CDBS account data was updated.'' Owensville contends that it did not learn of its pending payment obligation until it was informally advised by a Commission staff member. Owensville notes that it promptly paid its final payment amount along with a late fee. Owensville concludes that it has ``successfully met the requirements of 47 C.F.R. [section] 1.925,'' but provides no additional explanation of how it meets the requirements of that legal standard for waiver of the Commission's rules. To obtain a waiver of Section 1.2109(a), Owensville must show: (i) that the underlying purpose of the rule would not be served, or would be frustrated, by its application in this particular case, and that the grant of the
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    • to a limited extension of the deadline by which it was required to achieve 95% penetration among its subscribers of location-capable handsets. We therefore grant Five Star's Petition, subject to the conditions and reporting requirements described herein. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Petition for Temporary Waiver or Temporary Stay by Texas RSA 15B2 Limited Partnership d/b/a Five Star Wireless IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is December 31, 2007.
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    • billing inserts, and newspaper notices. At least 30 days before discontinuing analog service in any portion of its CGSA, CVW must either certify that the discontinuance of AMPS service will not result in any loss of wireless coverage throughout its CGSA, or file revised CGSA information pursuant to Section 22.911. Accordingly, IT IS ORDERED that, pursuant to Sections 0.131, 0.331, 1.925(b)(3) and 22.901(b) of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.925(b)(3) and 22.901(b), the Request of Copper Valley Wireless, Inc. for Limited Waiver of Section 22.901(b) of the Commission's Rules, filed February 1, 2007, IS GRANTED, subject to the conditions enumerated above. FEDERAL COMMUNICATIONS COMMISSION Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau 47 C.F.R. � 22.901(b). See
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    • of their Form 602. See The Tri-County Telephone Association, Inc., FCC Form 602, File No. 0003069888 (filed June 13, 2007); GreenFly LLC, Form 602, File No. 0003067744 (filed June 12, 2007); SKT, Inc., FCC Form 602, File No. 0003070377 (filed June 13, 2007). We hereby grant the waiver requests associated with these FCC Form 602s, pursuant to sections 0.331 and 1.925 of the Commission's Rules. 47 C.F.R. �� 0.331, 1.925. The Commission recently enhanced ULS to implement the electronic filing of pleadings. See Wireless Telecommunications Bureau Enhances the Commission's Universal Licensing System to Implement Electronic Filing for Pleadings, Public Notice, 21 FCC Rcd 424 (WTB 2006) (``ULS Pleadings Implementation PN''); see also FCC Announces New Filing Location for Paper Documents and
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    • future STA applications, Pennsylvania may request under the STA Public Notice waiver standard that the relief granted by this Order be extended to cover Sprint's payment for retuning of facilities covered by such applications. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the Request filed, by the Commonwealth of Pennsylvania in connection with the applications FCC File Nos. 0002944393; 0002943944; 0002944400; 00029464870; 0002965006; 0002965016; 0002965111; 0002965116 IS GRANTED to the extent discussed herein. IT IS FURTHER ORDERED, that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i),
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    • the actions of employees of nuclear power facilities. Given this representation, Telex would not be in a position to ensure that use of the equipment by these workers complied with radiated emissions limits at the boundary of the nuclear power facilities. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the petition for reconsideration filed by Telex Communications, Inc. on December 29, 2004 IS HEREBY DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau Petition for
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    • for some ``improved'' system performance. Given these interference concerns, we conclude that grant of a waiver authorizing use of the subject MDS equipment is not warranted under the circumstances presented and would undermine the Commission's emission mask requirements of Section 90.210(d). Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request filed by Microwave Data Systems, on June 3, 2004 IS HEREBY DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau See Request for
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    • air carrier verifying that it intends to use WUL's system and explaining why the carrier cannot license the operation for itself. On June 5, 2006, WUL submitted a letter from Delta Air Lines verifying that WUL is its radio service provider and stating that it wishes WUL to maintain the repeater because the mountain site is difficult to reach. Section 1.925(b)(3) of the Commission's Rules provides that the Commission may grant a request for waiver ``if it is shown that (i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) [i]n view of unique
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    • confidential treatment. Otherwise, the attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands waiver requests, see Section IV, ``Exhibit Y: Tribal Lands Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
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    • spectrum in remote mountains of the California Sierra Mountain range while also protecting MariTEL's use of the spectrum to the West.'' MariTEL and Havens also state that this Waiver Request presents no new legal or factual issues beyond those that the former Public Safety and Critical Infrastructure Division considered in approving their first waiver request in the Order. Discussion. Section 1.925(b)(3) of the Commission's Rules provides that the Commission may grant a request for waiver ``if it is shown that (i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) [i]n view of unique
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    • claims that WPV should list Sandra DePriest, the wife of Donald DePriest (DePriest), the controlling interest holder of WPV, in its Form 602. WPV responds that the rule NTELOS relies on is not applicable because WPV did not acquire its licenses through competitive bidding. In his Objection, Havens argues that Sprint Nextel's Waiver does not meet the requirements of Section 1.925 of the Commission's Rules. Havens also argues that WPV's controlling interest holder, DePriest, does not have the necessary character and fitness to be a Commission licensee. Havens cites pending petitions for reconsideration of orders denying his petitions challenging DePriest's character qualifications. In particular, Havens claims that DePriest and his wife Sandra DePriest concealed pertinent information for the purpose of improperly
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    • opposing the Waiver Request have shown that granting a waiver will have an impact on their ability to transition, the Bureau concludes that the benefits of allowing Digital TV One to maintain its operations outweigh any impact on other licensees. ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the ``Request for Waiver'' filed by WHTV Broadcasting Corp. d/b/a/ Digital TV One on September 30, 2005 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.939 and 27.55 of the Commission's Rules,
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � � � DA 07-3094 July 10, 2007 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION OF PUERTO RICO TELEPHONE COMPANY, INC. FOR WAIVER OF THE analog service requirement WT Docket No. 07-140 Comments due July 31, 2007 Reply Comments due August 10, 2007 Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (``Bureau'') hereby seeks comment on the request of Puerto Rico Telephone Company, Inc. (PRTC), Call Sign KNKA384, for waiver of Section 22.901(b) of the Commission's rules. Section 22.901(b) requires cellular radiotelephone service licensees to provide analog service until February 18, 2008 (the ``analog sunset date'') to subscribers and roamers whose mobile equipment
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    • of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. An applicant seeking a waiver faces a high hurdle and must plead with particularity the facts and circumstances that warrant a waiver. Based on the information before us, we conclude that Edgecombe has not satisfied the requirements in Section 1.925 for grant of a waiver request. We find that the underlying purpose of the TIS rules would not be frustrated by application of the rules to the present case; in fact, application of the rules serves the very purpose of the rule, that ``intended programming on Travelers Information Stations would normally consist of . . . specific information pertinent only
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    • request for waiver because granting a waiver would be inconsistent with the underlying purpose of the policy announced in the Two-Way Second Reconsideration Order and would be unfair to the adjacent co-channel licensee. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925 that the Petition for Reconsideration or Alternatively Waiver Request of Florida Atlantic University of Florida Atlantic University filed on January 3, 2007 IS DISMISSED IN PART and IS DENIED IN PART. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. ��
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    • end of the two-quarter grace period was therefore September 3. 47 C.F.R. 1.2110(g)(4)(iv). Letters to Virginia Communications, Inc., from Mark Reger, Chief Financial Officer, Office of Managing Director, Federal Communications Commission, dated February 14, 2003 (citing 47 C.F.R �1.2110 (g)(4)(iv)). A separate letter was sent for each of the Licenses. See supra note 3. See supra note 2. 47 C.F.R. �1.925. Waiver Request at 1-2. Id. at 1. Id. at 2. Supplemental Memorandum at 1-2 (citing 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, Notice of Proposed Rulemaking and Memorandum Opinion and Order, 18
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    • Letter''). As explained below, this letter offers other supplementary arguments in support of the Requests. Oneida is not a party to this proceeding, and Ms. Farquhar does not indicate that she is acting as counsel to TVCN. However, because the letter states that it is filed ``on behalf of'' TVCN, we will consider the arguments made therein. 47 C.F.R. � 1.925. Letter Request of March 13, 2006. Id. E-mail Request of May 26, 2006. Letter Request of March 13, 2006. Id. 47 U.S.C. �� 309 (j)(3)(A) & (D). See also H.R. Rep. No. 103-111, at 253 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 580 (finding that ``a carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery of
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    • that becomes more than one-hundred eighty (180) days delinquent on an installment payment shall be in default, and the license shall automatically cancel without further action by the Commission. In that event, the debt shall be transferred to the Department of Treasury for collection subject to the Debt Collection Improvement Act of 1996''). 47 C.F.R. � 1.2110(g)(4)(iv) (2002). 47 C.F.R. �1.925. See Request. Id. Id. Id. 47 U.S.C. �� 309 (j)(3)(A) & (D). See also H.R. Rep. No. 103-111, at 253 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 580 (finding that ``a carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery of services, promote efficient and intensive use of the electromagnetic spectrum, prevent unjust enrichment, and produce
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    • control or assignment of those licenses to non-eligible entities, and the unjust enrichment payment requirements of section 1.2111, for the period of the extension, or until Airwave has satisfied the five-year construction requirement for those licenses. ORDERING clause Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, that the request for waiver of the construction requirements for broadband PCS licenses filed by Airwave Wireless, L.L.C. on June 9, 2004, and amended on June 18, 2004, June 17, 2005, and amended again on July 29, 2005, IS HEREBY GRANTED to the extent described herein. IT IS FURTHER ORDERED, pursuant
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    • control or assignment of those licenses to non-eligible entities, and the unjust enrichment payment requirements of section 1.2111, for the period of the extension, or until Airwave has satisfied the five-year construction requirement for those licenses. ORDERING clause Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, that the request for waiver of the construction requirements for broadband PCS licenses filed by Airwave Wireless, L.L.C. on June 9, 2004, and amended on June 18, 2004, June 17, 2005, and amended again on July 29, 2005, IS HEREBY GRANTED to the extent described herein. IT IS FURTHER ORDERED, pursuant
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    • not acknowledge these interoperability issues in its petition. While Icom criticizes the special Commission waiver process authorized under Section 337(c) of Communications Act as ``time consuming and overly burdensome,'' this process is a valuable mechanism for PS entities to acquire unassigned non-PSRS spectrum. In addition to the Section 337 process, PS entities can also seek a conventional waiver under Section 1.925 of rules. PS entities can also obtain 150 MHz band spectrum licensed to others through either partitioning and/or disaggregation or by lease in the secondary market. We also note that after Icom had filed its petition the Commission amended Part 22 of the rules by removing a requirement that PS entities obtain a waiver to be eligible to hold Part
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    • scheduled oral argument in FCC v. NextWave Personal Communications Inc. (``NextWave''), which concerned the intersection of bankruptcy law and the Communications Act, for the fall of 2002. Oral argument was held on October 8, 2002. The case was decided in 2003. 537 U.S. 293 (2003). Request at 8-12 (citing 47 U.S.C. �� 309(j)(6) & 312). Request at 7-12. 47 C.F.R. �1.925. 47 U.S.C. �� 309 (j)(3)(A) & (D). See also H.R. Rep. No. 103-111, at 253 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 580 (finding that ``a carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery of services, promote efficient and intensive use of the electromagnetic spectrum, prevent unjust enrichment, and produce revenues to compensate the public
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    • ``may be granted if the licensee shows that failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control.'' The rule prohibits granting extensions based on a failure to obtain financing, failure to obtain an antenna site, failure to order equipment, or because of a transfer of control of the licensee. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
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    • provide valuable test data to the aviation community and present no increased risk of interference to aircraft receivers in the ramp vicinity. On May 2, 2006, the Wireless Telecommunications Bureau sought comments on ADS's request for waiver. Comments were filed by Boeing Company (Boeing) and Aviation Spectrum Resources, Inc. (ASRI). ADS filed reply comments to ASRI's comments. III. DISCUSSION Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • (3) the status of its coordination efforts with PSAPs for alternative 95% handset penetration dates; (4) its efforts to encourage customers to upgrade to location-capable handsets; and (5) the percentage of its customers with location-capable phones. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Request for Waiver of the 95% Location Capable Handset Penetration Requirement filed by Sagebrush Cellular, Inc. and Triangle Communication System, Inc. IS GRANTED, nunc pro tunc, subject to the reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is June 28, 2007. IT IS FURTHER ORDERED, pursuant
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    • a four-year period, rather than in a single year as required by the rules. For the reasons stated below, we grant the Waiver Request. Pursuant to section 22.946, licensees must place base stations in operation within one year of receiving authorization, unless the Commission grants an extension or waives the construction requirements. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • 2007 deadline and even if Columbia were aware of this, construction of Columbia's own facilities was not in its business plan and would not have been economically feasible. Columbia states that it has been disadvantaged and that the circumstances involving its lack of construction ``are unique and could not have reasonably foreseen.'' A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • freeze will not frustrate the underlying purpose of the freeze and is warranted. Further, we find that grant of the waiver is consistent with our public interest goal to facilitate effective public safety communications. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the request for waiver of the inter-category freeze filed by the County of Tuscarawas is DISMISSED as moot. It is FURTHER ORDERED that a waiver of the General Category freeze for station WPDU278 IS GRANTED, and applications FCC File Nos. 0002183000-01 filed by the County of Tuscarawas SHALL BE
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    • has satisfied the Commission's waiver criteria in support of its request for a waiver of Section 90.617(g)(1). Thus, we grant Minnesota's request to add the requested sites to its mobile data system on frequency 858.6625 MHz. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Requests filed by the State of Minnesota with respect to applications FCC File Nos. 0002806667, 0002780258 and 0002777116 ARE GRANTED as noted herein. IT IS FURTHER ORDERED that the Policy Division of the Public Safety and Homeland Security Bureau SHALL PROCESS application FCC File Nos. 0002923557, 0002923558 and 0002932070
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    • days before discontinuing analog service in any portion of its CGSA, PRTC must either certify that the discontinuance of AMPS service will not result in any loss of wireless coverage throughout its CGSA, or it must file revised CGSA information consistent with Commission rules, specifically Sections 1.947(b), 22.911, and 22.953(c). Accordingly, IT IS ORDERED that, pursuant to Sections 0.131, 0.331, 1.925(b)(3) and 22.901(b) of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.925(b)(3) and 22.901(b), the Petition of Puerto Rico Telephone Company, Inc. for Limited Waiver of Section 22.901(b) of the Commission's Rules with respect to call sign KNKA384, filed June 15, 2007, IS GRANTED, subject to the conditions enumerated above. FEDERAL COMMUNICATIONS COMMISSION Roger S. Noel Chief, Mobility Division Wireless
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    • reconfigured and all channels can be integrated into the new county radio system. You contend that to put these stations back into service only to have to shut them down again to be adjusted to conform with the new 800 MHz reconfiguration channels would be a waste of resources and delay overall implementation. Consequently, you request a waiver under Section 1.925 of the Commission's rules. Section 1.925(b)(3) of the Commission's rules allows us to grant a waiver when the waiver proponent shows that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case and that a grant of the requested waiver would be in the public interest; or (ii) in
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    • the inter-category sharing freeze. Conclusion For the reasons stated herein, we deny Delaware's request for waiver of Section 90.621(b)(4) of the Commission's rules and dismiss as moot its request for waiver of the inter-category sharing freeze. Ordering ClauseS Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the request for waiver of Section 90.621(b)(4) of the Commission's rules filed by the State of Delaware, on March 23, 2005, IS DENIED, and its request for waiver of the inter-category sharing freeze IS DISMISSED AS MOOT. IT IS FURTHER ORDERED that application FCC File No. 0002097654 SHALL BE DISMISSED in accordance
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CITY OF BOSTON, MASSACHUSETTS Request for Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as amended, and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) ) ) File Nos. 0002859368, 0002859394, 0002859398, 0002859566, 0002859631, 0002859634, 0002859674, 0002859678, 0002859681, 0002859693, 0002859696, 0002859703, 0002859707, 0002859713, 0002859716, 0002859739, 0002859744, and 0002859754 Order Adopted: October 11, 2007 Released: October 12, 2007 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The City of Boston,
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    • Airport. The licenses will be used by Arlington to preserve and promote critical communications that protect the safety of life, health, and property. We therefore find that granting the application is consistent with the public interest. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Requests filed by the County of Arlington with respect to applications FCC File No. 0002465045 and 0002464977 ARE GRANTED as noted herein. IT IS FURTHER ORDERED that the Policy Division of the Public Safety and Homeland Security Bureau SHALL PROCESS application FCC File Nos. 0002465045 and 0002464977 in accordance
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    • operate vehicular repeater stations on base station frequencies in the 851-861 MHz portion of the 800 MHz band and to operate hand-held units with a maximum output power of 3 watts when operating through mobile repeaters. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Request filed by the Commonwealth of Pennsylvania with respect to application FCC File No. 0002112329 IS GRANTED SUBJECT TO THE CONDITION that operation of mobile radio repeaters is authorized only on a secondary basis. IT IS FURTHER ORDERED that application FCC File No. 0002112329 SHALL BE PROCESSED in accordance
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    • System, is the same system used by ATC. In this regard, Optasite notes that the ATC Waiver Request and related submissions of ATC in WT Docket No. 05-326 provided the Commission with a detailed description of the relevant features of the Eagle System, and requests that the Commission incorporate that information by reference in the Optasite Waiver Request. DISCUSSION Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
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    • MHz public safety channels are spaced every 25 kHz. Based on our prior experience with the characteristics of the type of equipment Emeryville proposes, we believe it cannot meet the more stringent Emission Mask H requirements at the data rates it proposes. Accordingly, a waiver of Section 90.210(h) is required if Emeryville is to implement its system as proposed. Section 1.925(b)(3) of the Commission's rules allows us to grant a waiver when the waiver proponent shows that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual
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    • the proposed operations would cause no probability of harmful interference to any non-State incumbent.'' The interference analysis does show predicted interference to the State's own stations, but Florida deems that acceptable. It also observes that the Commission has previously granted 12.5 kHz offset waivers in Florida in the same area in which Florida is requesting its instant waiver. Discussion. Section 1.925 of the Commission's rules states that a waiver request may be granted upon a showing that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual
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    • requests by the New York State Electric & Gas Corporation (NYSEG) for an extension of time to construct and a consolidation of construction deadlines and other regulatory relief related to certain Economic Area (EA) 150 MHz Part 22 paging licenses and site-specific 150 MHz Part 90 industrial/business radio pool licenses (I/B Pool). Specifically, NYSEG requests a waiver, pursuant to sections 1.925 and 90.155(g) of the Commission's rules, to complete construction by December 31, 2009 of an integrated communications system covering significant portions of New York State. In addition, NYSEG requests, to the extent necessary, a waiver of the discontinuance rules in sections 1.955(a)(3) and 22.317 of the Commission's Rules for certain previously constructed EA licenses so that it can integrate these
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    • it seeks a waiver of the rules designating the requested frequencies for public safety use. In addition, so that the requested frequencies will be interoperable with its AMTS spectrum, NUSCO intends to operate on 12.5 kilohertz channels, and therefore requests a waiver of the prohibition on combining the frequencies at issue into channels wider than five kilohertz. Discussion. Under Section 1.925(b)(3) of the Commission's Rules, a request for a rule waiver in the Wireless Telecommunications Services may be granted if it is shown that ``[t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest,'' or that, ``[i]n
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    • R&O and FNPRM , 19 FCC Rcd at 14292-93 �� 347-350. See 47 C.F.R. �� 27.5. See Petitioners' Updated Waiver Requests (filed Aug. 4, 2006) at 3. Id. Id. 47 C.F.R. � 27.1201(c)(1). BTA Auction Order, 10 FCC Rcd at 9612 � 41. See NPRM and MO&O, 18 FCC Rcd at 6811 � 226, 6825 � 260. 47 C.F.R. � 1.925(b)(3). See Updated Waiver Requests at 3. See, e.g., BTA B097, Lease ID L000000104, WSCSB, licensee, and Fixed Wireless Holdings, LLC, lessee, (May 5, 2005 to Mar. 28, 2016). See Updated Waiver Requests at 3. See WT Docket No. 06-136. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of fixed and
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    • as amended, 47 U.S.C. � 154(i), and Section 1.41 of the Commission's rules, 47 C.F.R. � 1.41, the Informal Petition to Dismiss or Deny submitted by License Communications Service, Inc., filed on September 20, 2006, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the requests for waiver associated with the applications, FCC File Nos. 0002698531 and 0002734941, filed by the City of Los Angeles, California Department of Airports on August 1, 2006, as amended, ARE GRANTED, and SHALL BE PROCESSED, consistent with this Order and the Commission's rules. IT IS FURTHER ORDERED that, pursuant to
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    • an explanation of why C&CC has chosen the compliance efforts it has chosen. We emphasize that irrespective of the relief we grant in this Order, we fully expect C&CC to achieve compliance as quickly as possible. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Petition for Extension of Waiver filed by Cable & Communications Corporation IS GRANTED IN PART, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is April 26, 2008. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of
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    • provides for emergency broadcasts over car radios, would alternatively satisfy at least some if not all of the objectives it proposes to achieve via TIS. conclusion In consideration of the facts before us, we deny the Waiver Request because CalTrans has failed to demonstrate that a waiver of Section 90.242(a)(7) is warranted pursuant to the criteria set forth under Section 1.925 of the Commission's rules. V. ORDERING CLAUSE Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the request for waiver filed by the California Department of Transportation on July 26, 2006 IS DENIED. This action is taken
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    • Thus, these frequencies would be of little or no utility to other public safety entities seeking to serve the island or the adjacent mainland, because any such entity they would have to protect Nantucket's existing operations. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Request filed by the Town of Nantucket, Massachusetts with respect to application FCC File No. 0003161195 IS GRANTED as noted herein. IT IS FURTHER ORDERED that the Policy Division of the Public Safety and Homeland Security Bureau SHALL PROCESS application FCC File No. 0003161195 in accordance with this Order
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    • to take whatever actions are necessary to meet its obligations under our rules and prevent a recurrence of its failure to timely file and diligently prosecute its renewal application. ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the petition for reconsideration submitted by Hussein Assalinabati d/b/a West Coast Cab Company and White & Yellow Cab on January 17, 2006, is GRANTED, and application FCC File No. 0002271629 SHALL BE REINSTATED and PROCESSED consistent with this Order on Reconsideration and the Commission's Rules. This action is taken under delegated
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    • of NCR's system ultimately still will be subject to the rules adopted in the pending 700 MHz proceedings. This waiver ensures, however, that they are able to pursue a license and commence operations without further delay. ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Request for Waiver filed by the National Capital Region on May 12, 2006, and amended on July 3, 2006, IS GRANTED SUBJECT TO THE CONDITIONS referenced herein. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL
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    • must serve a ``[q]ualifying tribal land'' with ``a wireline telephone subscription rate equal to or less than eighty-five (85) percent.'' St. Regis has a wireline penetration rate of 100 percent. On November 30, 2004, the Division denied Westelcom's request to waive the requirements of section 1.2110(f)(3)(i). The Division found that Westelcom had failed to meet the waiver standard under section 1.925 of the Commission's rules, in that it had not shown (1) how the underlying purpose of the rule would not be served or would be frustrated in this case, or (2) unique or unusual circumstances, such that application of the rule would be inequitable, unduly burdensome, or contrary to the public interest, leaving it with no reasonable alternative. The Division
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-4575 November 9, 2007 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION OF MDS OPERATIONS, INC. FOR WAIVER OF MULTICHANNEL VIDEO DISTRIBUTION AND DATA SERVICE TECHNICAL RULES WT Docket No. 07-255 Comments due: December 19, 2007 Reply Comments due: January 18, 2008 Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (``Bureau'') hereby seeks comment on the request of MDS Operations, Inc. (MDS Operations), for waiver of Sections 101.105(a)(4), 101.147(p), and 101.1440 of the Commission's rules. These rules, which set power limits for stations in the Multichannel Video Distribution and Data Service (MVDDS) at 12.2-12.7 GHz, limit Effective Isotropic Radiated Power (EIRP) levels
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of COUNTY OF WESTCHESTER, NEW YORK Request For Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules, to Allow Public Safety Communications on Frequencies Allocated Under Part 22 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) File No. 0003004004 Order Adopted: November 15, 2007 Released: November 15, 2007 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The County of Westchester, New York
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    • FCC File No. 0002054479, in pending status for 90 days from the release date of this Order or until such time as SVRTV amends its renewal application to reflect compliance with our rules, specifically Section 95.833(b). Ordering Clause Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and Sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, that Sioux Valley Rural Television, Inc.'s request for waiver of the ten-year construction deadline for its 218-219 MHz Service license, FCC File No. 0002054437, filed on February 22, 2005, is GRANTED, and that the construction deadline is hereby extended for 90 days from the release date of this grant. FEDERAL COMMUNICATIONS
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    • Nos. 0002013615 and 0002013616, in pending status for 90 days from the release date of this Order or until such time as W&E amends its renewal applications to reflect compliance with our rules, specifically Section 95.833(b). Ordering Clause Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and Sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, that W&E Interactive TV L.C.'s requests for waiver of the ten-year construction deadline for its 218-219 MHz Service licenses, FCC File Nos. 0002054683 and 0002054684, filed on February 23, 2005, are GRANTED, and that the construction deadline is hereby extended for 90 days from the release date of this grant. FEDERAL
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    • the Cingular Waiver Order. In this letter, XIT indicated that the two digital wireless handsets it sells meet the hearing aid compatibility requirements for 1900 MHz operation and are properly labeled. In rejecting XIT's amended petition for waiver, the Commission held that that XIT had failed to demonstrate unique or unusual circumstances warranting the grant of a waiver under Section 1.925(b)(3) of the Rules. The Commission determined that but for XIT's mistake regarding the U rating of the Nokia 6101, XIT could have met the hearing aid compatibility requirements by March 16, 2006, within the six month waiver period it requested initially. In light of XIT's failure to exercise ``due diligence'' in determining the correct rating of the handsets it offered,
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    • a licensee to ``be providing service to customers or students.'' Based upon the record, BSA has not substantiated that provided service or for how long. We conclude that BSA's construction, expenditures, and overall record are insufficient to demonstrate compliance with its substantial service obligations. Waiver Request. We also reject BSA's request for waiver of its substantial service requirement. Under section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
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    • to take control of Vitech, because it was affiliated with individuals named in a complaint for securities fraud brought by the Securities and Exchange Commission (SEC). On January 18, 2005, the same day as the license renewal and construction deadline for six of the licenses, the Receiver filed the instant request for waiver or extension of time. discussion Under section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
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    • that a bank error has precluded access to funds that were to be used to meet its construction obligations. On February 28, 2005, US Telemetry filed the instant applications for renewal and requests a waiver of the substantial service construction requirement, or in the alternative, a six-month extension of time to demonstrate that it is providing substantial service. Under section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
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    • within five and ten years of initial license grant, respectively. Under Sections 1.946(c) and 1.955(a)(2) of the Commission's rules, an M-LMS license will terminate automatically as of the construction deadline if the licensee fails to meet the construction requirement, unless it obtains an extension of time to construct under Section 1.946(e), or a waiver of the construction requirement under Section 1.925. In 2003, Havens requested more time to meet the 5-year construction requirement. The Division granted Havens three additional years to meet the 5-year requirement, and subsequently granted FCR and Progeny similar relief. In March 2006, the Commission commenced a rulemaking regarding possible refinements of the M-LMS rules, which is pending. When the Commission adopted LMS rules in 1995, it expected
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    • 6-7. Burlington Petition at 7-9; Rutland Petition at 7-9. In the BRS Report and Order, adopted in June 2004, the Commission eliminated Part 21 of its rules and consolidated its rules for BRS in Part 27. BRS Report and Order, 19 FCC Rcd at 14,236-38 24 �� 186-90. Requests for BRS rule waivers are now governed by 47 C.F.R. � 1.925, which is substantially similar to the former Section 21.19. Burlington Petition at 9-11; Rutland Petition at 10-11. As noted above, in its BRS Report and Order the Commission eliminated Part 21 of its rules and consolidated its rules for BRS in Part 27. BRS Report and Order, 19 FCC Rcd at 14,236-38 24 �� 186-90. See supra note 33. Pursuant
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    • free to continue to use a lower field strength than the limit in the rule. We therefore conclude that no Commission action memorializing the agreement between NUSCO and ACL is appropriate. Consequently, we deny the waiver request. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver filed by Northeast Utilities Service Company and AMTS Consortium LLC on June 8, 2007 IS DENIED, and applications FCC File Nos. 0003064076 and 0003064601 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to Sections 0.131 and
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    • Pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission's rules, Placer's licenses will terminate automatically as of the construction deadline if Placer fails to meet the requirements of section 22.503(k)(2), unless the Commission grants an extension or waives the construction requirements. The construction deadline for the ten licenses was July 30, 2007. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • as amended, 47 U.S.C. � 337(c), to use, for public safety communications purposes, two frequencies in the television (TV) Channel 19 Band (500-506 MHz) and two frequencies allocated for Part 22 trunked mobile operations. Specifically, Baldwin seeks frequencies 502.525, 505.525, 479.0625, and 479.1625 MHz. In the alternative to Section 337(c) of the Act, Baldwin requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. On May 25, 2007, the Commission granted Baldwin Special Temporary Authority (STA) to permit secondary operation on frequency pair 502/505.525 MHz under Call Sign WQGY612. On September 27, 2007, the Commission granted Baldwin's request to add frequencies 479.0625 and 479.1625 MHz to the STA. TV Channel 19 is allocated to private land
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    • deploy economically rational LMDS networks capable of competing in the growing backhaul and broadband access sectors, potentially facilitating the emergence of a third broadband pipe. We hereby seek comment on the waiver requests filed by the Rural LMDS Group and the LMDS Coalition. Parties may comment specifically or generally with respect to either or both of the waiver requests. Section 1.925(b)(3) of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that: ``(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; (ii) or in view of
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    • an explanation of why Leaco has chosen the compliance efforts it has chosen. We emphasize that irrespective of the relief we grant in this Order, we fully expect Leaco to achieve compliance as quickly as possible. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Petition for Extension of Waiver filed by Leaco Rural Telephone Cooperative, Inc. IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is March 12, 2008. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the
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    • text/plain Content-Transfer-Encoding: 8bit � � � � � � : n � � � DA 07-5094 Released: December 26, 2007 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON RONAN TELEPHONE COMPANY REQUEST FOR TWO ADDITIONAL YEARS TO MEET TRIBAL LANDS BIDDING CREDIT CONSTRUCTION REQUIREMENT WT Docket No. 06-231 Comments due: January 10, 2008. Reply Comments due: January 17, 2008. Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the Request of Ronan Telephone Company (Ronan) for two additional years to meet the tribal lands bidding credit (TLBC) construction requirement for the Blackfeet Indian Reservation located in Montana (Request). On January 29, 2004, the Commission granted Ronan the Lower 700 MHz Band C Block license for
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    • the Global Positioning System for timing and navigation. See Waiver Order, supra at 13451. Waiver Order, supra at 13453-54. Given the similarity of Respironics' instant request to that which we previously granted, and given the paucity of comment that we received on the initial request, we have not sought comment on Respironics' request for an extended waiver. See 47 C.F.R. 1.925(c)(1) (Commission may, in its discretion, seek comment on waiver applications). Request for Extension of Waiver at 4 (``Over the last two fiscal years, Respironics spent approximately $1 million to redesign the ActiReader/ActiWatch product family.''). Request for Extension of Waiver at 5-6. Request for Extension of Waiver at 8-9. Request for Extension of Waiver at 4-5. The combined total of 3,500
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    • 20, 2007, seeking the same relief that was granted to ATC, GSI and Optasite. Crown Castle asserts in its petition that the Crown Monitoring Systems are similar in quality and robustness to the systems employed by ATC (Eagle) and GSI (Hark). Crown Castle attaches to its petition exhibits describing relevant features of the Crown Monitoring Systems in detail. DISCUSSION Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
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    • and include a request for a temporary, limited waiver of Sections 90.527(a)(3) and (6), and any other relevant rules for which the region requires a waiver, explaining that the region will supplement its January 31, 2008, submission as soon as possible after the necessary CAPRAD updates are completed. Such waivers must comport with the Commission's general waiver standards under Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, and must be adequately supported. RPC Plan Amendment Review. A region may electronically poll its RPC membership for review and approval of a proposed amendment. Regions may hold online RPC meetings if they so choose. Once region approval is obtained, the RPC Chair should immediately circulate the region-approved amendment to its adjacent
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    • Rules, Order on Reconsideration, 16 FCC Rcd 5022, 5028 � 18 (2001) (citing 800 Data Base Access Tariffs and the 800 Service Management System Tariff and Provision of 800 Services, Order on Reconsideration, 12 FCC Rcd 5188, 5202 n.84 (1997) (citing D.W.S., Inc., Memorandum Opinion and Order, 11 FCC Rcd 2933 � 4 (1996))). 47 C.F.R. �� 21.19 (1998) and 1.925. 47 U.S.C. �� 309 (j)(3)(A) & (D). See also H.R. Rep. No. 103-111, at 253 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 580 (finding that ``a carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery of services, promote efficient and intensive use of the electromagnetic spectrum, prevent unjust enrichment, and produce revenues to compensate the public
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    • to operate on C Block of broadband PCS in BTA146). See ULS File No. 0001835558 (application to cancel STA call sign WPYF50), filed August 10, 2004. See ULS File No. 0001899855 (application to cancel STA call sign WPYF502), filed September 18, 2006. Petition at 2. Id. at 5-6. Id. at 7-10. Id. at 10-11. Id. at 11-12. 47 C.F.R. � 1.925. See 47 U.S.C. � 309(j)(3). Competitive Bidding Second Report and Order, 9 FCC Rcd at 2360-61, � 70. The Commission assigns licenses based on license applicants' competing bids. Each of those bids presumably reflects the estimated value of the prospective service to the public and the applicant's effectiveness in providing it. See id., 9 FCC Rcd at 2360-61, � 70
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    • 1 Reconsideration of Third Report and Order, 15 FCC Rcd at 15315-16 � 39 (2000); 47 C.F.R. � 1.1914(a) (1998); 4 C.F.R. � 102.11 (1998). Petition at 5. Id. at 3. Id. at 4, citing WAIT Radio, Morris Communications, Inc. v. FCC (D.C. Circuit Judgment entered April 17, 2002). Petition at 6, citing 47 USC � 309(j)(7)(b). 47 C.F.R. � 1.925. Petition at 5. Id. Id. 47 U.S.C. �� 309 (j)(3)(A) & (D). See also H.R. Rep. No. 103-111, at 253 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 580 (finding that ``a carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery of services, promote efficient and intensive use of the electromagnetic spectrum, prevent unjust enrichment, and produce
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    • (in connection with a merger, stations assigned to an ``insulated divestiture trust,'' as Clear Channel had not yet secured third-party buyers acceptable to the U.S. Department of Justice; non-attribution of broadcast stations allowed because the licenses were held by the trustee and operation was properly insulated from the grantors and beneficiaries). 47 C.F.R. � 73.3555(a)(1). Id. � 1.2105(b)(2). Id. � 1.925. Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, Report and Order, 14 FCC Rcd 12559, 12560 (1999). See KMAJ Trust Agreement and KCHZ Trust Agreement (``Trust Agreements''), �� 2(a), (b), 5(e). Id. �� 5(a)(ii)-(v). Id. � 5(a)(i). See supra note 4. See ``Auction of FM Broadcast Construction Permits Scheduled for March 7, 2007: Notice and Filing
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    • and extend the date by which SouthernLINC must achieve 95% penetration to November 12, 2007. We further impose the conditions and reporting requirements described herein to ensure that SouthernLINC achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by Southern Communications Services, Inc. d/b/a SouthernLINC Wireless IS GRANTED IN PART, subject to the conditions and reporting requirements specified
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    • of the Commission's Competitive Bidding Rules and Procedures, Second Report and Order, 21 FCC Rcd 4753 (2006). Licensees may, under section 1.946(e) of our rules, request an extension of time to meet the applicable construction requirements. 47 C.F.R. � 1.946(e). Additionally, licensees may also request a waiver of the construction requirement, and this request must meet the requirements of section 1.925 of our rules. 47 C.F.R � 1.925. We note that we will undertake careful scrutiny of requests for extension of the construction requirements filed by designated entities consistent with our rules, obligations under the Communications Act, and legal precedent, and that we will consider, as part of our review, whether the extension request is an effort to defeat the objectives
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    • on May 4, 2006. Specifically, attached to your application is a letter from Mr. Kostenbauder requesting that his former call sign be reassigned to you, even though he is not yet deceased. Under the circumstances presented, allowing the call sign W2AWX to be reassigned prior to two years following cancellation or surrender would require a waiver of Section 97.19(c)(2). Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver when (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case and grant of the requested waiver would be in the public interest, or (ii) in view of unique or unusual circumstances of the case, application of the
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    • television stations are required to protect land mobile operations within this eighty-mile area. In addition, Laidlaw does not explain why it cannot use a channel in a band not subject to the fifty-mile limitation. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Waiver filed on June 6, 2006 by Laidlaw Transit Inc. IS DENIED, and application FCC File No. 0002640796 SHALL BE DISMISSED in accordance with this Order. 7. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331.
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    • the Rebanding Report and Order, if your newly-assigned channels cannot be activated without interference to other systems, then the six month extension is measured from the date band reconfiguration is completed in the relevant NPSPAC Region(s) associated with WPQR979. This action is taken under delegated authority pursuant to section 4(i) of the Communications Act, as amended, and sections 0.331 and 1.925 of the Commission's rules. Sincerely, Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau 47 C.F.R. � 90.685. See File No. 0002415919. Williamson filed amendments on April 3, 2006 (April Amendment); August 31, 2006 (August Amendment); and November 20, 2006 (November Amendment) to provide additional information. In addition, Williamson submitted an earlier extension request on November 30, 2005 that
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    • find that Kinnelon has no reasonable alternative available to satisfy the public safety communications needs of the Borough and its need for interoperability with surrounding jurisdictions. Accordingly, we are granting the rule waivers that Kinnelon requests. Ordering ClauseS Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the request for waiver of Sections 90.307(d) and 90.311(a)(2) of the Commission's rules filed by the Borough of Kinnelon in conjunction with application FCC File No. 0002865892 IS GRANTED. IT IS FURTHER ORDERED that application FCC File No. 0002865892 SHALL BE PROCESSED consistent with this Order and the Commission's rules. This action
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    • rule. We conclude that to grant a waiver in this case would undermine the rule's purposes of preventing financially unqualified entities from unfairly acquiring licenses and deterring insincere bidding in the future. ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that Silver Palm Communications, Inc.'s Petition for Reconsideration of Notice of Interim Default Payment Obligations for Auction No. 34, dated July 23, 2004, is DENIED. IT IS FURTHER ORDERED that Silver Palm Communications, Inc.'s outstanding debt for the interim default payment is due in full. If Silver Palm Communications, Inc., fails to
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    • limited to (now virtually moribund) service at public coast stations or ship stations (or both), where other relevant experience is shown.'' You seek credit for yourself for your radiotelegraph operating experience in the military and the Amateur Radio Service, including participation in the Military Affiliate Radio System, in lieu of experience at a public coast station or ship station. Section 1.925(b)(3) of the Commission's Rules provides that the Commission may grant a request for waiver ``if it is shown that (i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) [i]n view of unique
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    • public interest, or the applicant has no reasonable alternative. Shortly after Futronics filed its Petition against the instant Midport Request, the Public Safety and Critical Infrastructure Division (PSCID or Division) adopted an Order granting Midport's First Request (Midport Waiver Order) based on a determination that Midport had demonstrated that waiver relief was warranted under the first prong of the Section 1.925 waiver standard. As Futronics concedes in the Petition, the instant Request is identical to Midport's First Request, except for the frequencies in question, and raises precisely the same issues. We therefore conclude that the instant Request should be granted for the same reasons that the First Request was granted. In the Midport Waiver Order, the Division found that it was
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    • the subject frequencies without Commission authorization during periods after the expiration of the license for Station WPIF405 when Cam Jo did not have an STA, our decision is without prejudice to any Enforcement Bureau action. Accordingly, IT IS ORDERED, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Cam Jo, Inc., DBA Clearwater Yellow Cab Pascot & Tarpon Springs, on August 8, 2006, and amended September 5, 2006, with FCC File No. 0002706334 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �
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    • of the Settlement Agreement renders all three applications for IOA moot. We therefore dismiss the three applications as well as McElroy's and Commnet's joint petition to deny and Alltel's opposition as moot. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 0.331, 1.925 and 1.935 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, 1.935, the Joint Request for Waiver, Approval of Settlement Agreement, Dismissal of Pleadings and Certain Applications, and Grant of Application filed by Alltel Communications of the Southwest Limited Partnership, Commnet Wireless, LLC, McElroy Electronics Corporation, Smith Bagley, Inc., and WWC License, L.L.C. on February 8, 2007, is GRANTED. IT
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    • therefore conclude that a nunc pro tunc waiver of the automatic cancellation provision of Section 1.2110(g)(iv) with respect to the License serves the public interest. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to the authority granted in Sections 4(i) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 309(j), and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106 and 1.925, the Petition for Reconsideration filed by Tracy Corporation II on December 3, 2004, is GRANTED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Fred B. Campbell, Jr. Chief, Wireless Telecommunications Bureau Tracy Corporation
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    • (``Delta Radio''). Waiver Request at 1. In addition to the Application for Review and the Petition for Reconsideration, the Bureau dismissed all related filings (the filings of Telesaurus are collectively identified as the ``Telesaurus Pleadings''). ``Wireless Telecommunications Bureau Mobility Division Approves Withdrawal of Application for Review and Petition for Reconsideration,'' Public Notice, 19 FCC Rcd 390 (2004). 47 C.F.R. � 1.925. Waiver Request at 3. Id. at 4. As discussed more fully below, on November 14, 2002, based on the specific circumstances related to Auction No. 35, the Commission allowed certain winning bidders in that auction to request dismissal of their long-form applications and refund of their associated down payments. Waiver Request at 8. Id. at 10. 47 U.S.C. �� 309
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    • waiver of the intercategory sharing freeze, American Electric must seek a waiver of the eligibility requirements in Section 90.617(d) of the Commission's Rules in order to operate on the SMR frequency. Ordering clauses For the reasons discussed herein, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, American Electric Power Service Corporation's request for waiver of the intercategory sharing freeze on December 14, 2005, IS GRANTED with respect to frequencies 858.2625 MHz, 858.7375 MHz, and 859.7375 MHz, and DENIED with respect to frequency 860.7375 MHz; and application FCC File No. 0002407970 SHALL BE PROCESSED in accordance with this Memorandum
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    • #2 (Call Sign WQCR563), we also direct Arlington to submit Station Call Sign WQBY206 for cancellation within ten days of the release date of this Order. IV. CONCLUSION In consideration of the facts before us and subject to the conditions herein, we grant the waiver request because Arlington has demonstrated that a waiver of Section 90.242(b)(4)(iv) is warranted under Section 1.925 of the Commission's rules. We also find that grant of the instant waiver request serves the public interest because it ensures that broadcast stations are protected, while providing Arlington the ability to provide pertinent information to the traveling public. V. ORDERING CLAUSEs Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.
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    • Second Report and Order''), recon. pending. Auction 73/76 Procedures Public Notice, 22 FCC Rcd at 18,146 � 7; see also id. at 18,212-13 �� 271, 275, 276 (providing for possible re-auction of D Block in Auction 76); 700 MHz Second Report and Order at � 314. 7 700 MHz Second Report and Order at � 316. 8 47 C.F.R. � 1.925. 17 [REDACTED] 18 [REDACTED] 23 See, e.g., In the Matter of First Auction of Interactive Video and Data Service (IVDS) Licenses: Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1,134 (1996) (Commission decision affirming denial of waiver of short-form filing deadline and emphasizing importance of strictly enforcing deadlines), affirming In the Matter of First Auction
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    • basis. WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166. Waiver of the Commission's rules is therefore appropriate only if special circumstances warrant a deviation from the general rule, and such deviation will serve the public interest. Northeast Cellular, 897 F.2d at 1166. The Petitioners also cite the waiver standard in section 1.925(b)(3) of the Commission's rules. Id. at 3 (citing 47 C.F.R. � 1.925(b)(3)). Because we find Petitioners have demonstrated good cause for a waiver under section 1.3, we need not address their argument for waiver under section 1.925(b). 47 C.F.R. � 54.418(b)(2)(i). 47 C.F.R. �� 54.418, 1.3. (...continued from previous page) (continued....) Federal Communications Commission DA 08-1029 Federal Communications Commission DA
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    • filings delivered in this manner must be in an envelope clearly marked for the ``Federal Communications Commission,'' and identified with the appropriate Post Office Box address as set out in the fee schedule (Sec. Sec. 1.1102-1.1109). * * * * * * 2. Section 0.482 is amended to read as follows: All requests for waiver of the rules (see Sec. 1.925) governing the Wireless Radio Services (see Sec. 1.907) that require a fee (see Sec. 1.1102) shall be submitted via the Universal Licensing System or to the US Bank, St. Louis, Missouri at the address set forth in Sec. 1.1102. * * * PART 1-PRACTICE AND PROCEDURE 1. The authority citation for Part 1 continues to read as follows: AUTHORITY: 15
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    • Transit limited waiver relief of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Pierce Transit is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the Petition and associated public record. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • Motorola). See id. at Attachment D (Letter to Kenneth Moran, Acting Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission, from Richard O'Herron, STARCOM21 System Manager, Motorola (dated Nov. 6, 2006)). Waiver Request at 5. 47 C.F.R. � 90.523. 47 U.S.C. � 337(f)(1). 47 C.F.R. � 90.523(b) 47 C.F.R. � 90.523; 47 U.S.C. �� 337(a), (f)(1). 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (D.C. Cir. 1972), cert. denied, 409 U.S. 1027 (1972) (citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968)); Birach Broadcasting Corporation, Memorandum Opinion and Order, 18 FCC Rcd 1414, 1415 � 6 (2003). See Douglas,
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    • and Homeland Security Bureau seeks comment on fifty-seven applications filed on April 5, 6, and 9, 2007, and an associated waiver request filed by the County of Los Angeles, California (the County). The County seeks a waiver of Sections 90.303 and 90.305, and Part 73 of the Commissions rules, 47 C.F.R. �� 90.303 and 90.305, Part 73, pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, to use all frequencies in the television (TV) channel 15 band (476-482 MHz) for public safety communications. On November 6 and 7, 2007 and January 2, 2008, the County attached to its applications an amended waiver request dated October 17, 2007 with a showing pursuant to Section 337(c) of the Communications Act
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    • FCC Rcd 3352 (2008) (``February 2008 Inductive Coupling Compatibility Waiver Order''). Id. at 3363-64. See also Farmers Cellular September 18, 2006 Report at 3. See Farmers Cellular June 12, 2007 Report at 2, 5. See Farmers Cellular March 27, 2007 Report at 1. February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3364. See also 47 C.F.R. � 1.925(b)(3). February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3365. Id. Id. at 3357. Id. at 3365. Id., citing 47 U.S.C. � 610(a) (directing Commission to ``ensure reasonable access to telephone service by persons with impaired hearing''). On March 27, 2008, Farmers Cellular filed a petition for reconsideration of the February 2008 Inductive Coupling Compatibility Waiver Order. On
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    • under non-Part 80 rules with guidance regarding the factors that will be considered in evaluating requests for such waivers. �First, waivers of the Part 80 rules by parties seeking to use VPC or AMTS spectrum for land mobile radio operations are, like other waivers of the rules pertaining to Wireless Radio Services, assessed under the criteria set forth in Section 1.925 of the Commission's Rules. Waiver applicants will be expected to explain, among other things,, how they intend to provide priority to maritime communications or why they believe the requirement should be waived. If the applicant does not seek a waiver of the priority requirement, but instead intends to comply with that requirement, and satisfactorily demonstrates how it will achieve such
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    • filed on September 6, 2007 by Howard County, Maryland (Howard County). Howard County seeks Commission approval to modify its existing Travelers' Information Station (TIS) license located at Clarkesville Fire Station under Call Sign WQCR505 to include two additional TIS sites. In connection with this application, Howard County also requests waiver of Section 90.242(b)(4)(iv) of the Commission's rules, pursuant to Section 1.925, 47 C.F.R. � 1.925. Howard County states that it has over 270,000 residents and is located between Baltimore, MD and Washington, D.C. According to Howard County, it originally planned to provide coverage for key travel areas throughout most of the county using eight TIS sites. However, Howard County states that, because testing of its antenna system at the Clarksville Fire
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    • is warranted. IV. CONCLUSION Based on the record before us, we find that the City has satisfied the requirements to obtain a waiver of Section 90.311(a)(2). We therefore grant the City's request for waiver. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the requests for waiver associated with the applications, FCC File Nos. 0003096479 and 0003096484, filed by the City of Los Angeles, California on July 3, 2007, ARE GRANTED, and SHALL BE PROCESSED, consistent with this Order and the Commission's rules. This action is taken under delegated authority pursuant to Sections 0.191 and
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    • Special Temporary Authority to continue operating on the Licenses, filed on behalf of Comtec Communications, Inc., d/b/a SkyTrackers, Inc., on August 12, 2003, is GRANTED subject to the terms and conditions set forth herein. This action is taken pursuant to sections 4(i) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 309(j), and sections 1.925 and 1.2110(g)(4) of the Commission's rules, 47 C.F.R. �� 1.925 and 1.2110(g)(4), under authority delegated pursuant to section 0.331 of the Commission's rules, 47 C.F.R. � 0.331. FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Deputy Chief, Wireless Telecommunications Bureau Letter from Bonnie K. Arthur, Esq., to John Muleta, Chief, Wireless Telecommunications Bureau, and Marlene H. Dortch, Secretary, Federal Communications Commission, filed
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    • Commission's rules); Liability of Pacific Broadcasting Corp., Licensee of Television Broadcast Translator Stations K06HO, K06HA, K07HQ, and K13HV, Merizo, Guam for Forfeiture, Memorandum Opinion and Order, 47 F.C.C.2d 818 (Brdcst. Bur. 1974) (holding that licensees must accept the penalty for not following Commission rules, whether or not they are warned of the consequences for failure to comply). 47 C.F.R. � 1.925. Petition at 2-3. 47 U.S.C. �� 309 (j)(3)(A), (D). See also H.R. Rep. No. 103-111, at 253 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 580 (finding that ``a carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery of services, promote efficient and intensive use of the electromagnetic spectrum, prevent unjust enrichment, and produce revenues to compensate
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    • with six other petitions for reconsideration, on public notice and established a pleading cycle for comments and reply comments. See Wireless Telecommunications Bureau Seeks Comment on Petitions for Reconsideration Filed in Hearing Aid Compatibility Docket, Public Notice, DA 08-1087 (rel. May 7, 2008). February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3364. See also 47 C.F.R. � 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3365. See id. at 3365. Id. at 3357. Id., citing 47 U.S.C. � 610(a) (directing Commission to ``ensure reasonable access to telephone service by persons with impaired hearing''). Blanca June 21, 2007 Report at 2. Section 312(f)(1) of the Act defines ``willful'' as ``the conscious and deliberate commission
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    • hearing aid compatibility requirements for wireless digital telephones. The Commission found that Centennial did not meet the requirements to justify a waiver under the rules. Specifically, the Commission stated that Centennial, unlike other Tier II carriers, failed to demonstrate unique or unusual circumstances, or the existence of any other factor, warranting grant of the requested waiver pursuant to the Section 1.925(b)(3) standard. Further, the Commission noted that Centennial cited factors, such as lack of availability and amount of time required to test handsets, that affected all carriers and do not form an adequate basis on which to afford Centennial special relief. Finally, the Commission found that Centennial did not demonstrate diligence in its efforts to comply with the hearing aid compatibility
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    • supplemental waiver request that meets these criteria, the interim relief granted by this order will extend until the Bureau acts on the request. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 6
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    • licensees in the region have completed rebanding of their own systems, provided that they notify the TA of such continued mutual aid operations. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 6 (Northern
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    • supplemental waiver request that meets these criteria, the interim relief granted by this order will extend until the Bureau acts on the request. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 4
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    • licensees in the region have completed rebanding of their own systems, provided that they notify the TA of such continued mutual aid operations. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 4 (Arkansas)
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    • timely waiver request that meets these criteria, the interim relief granted by this order will extend until the Bureau acts on the request. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 1
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    • licensees in the region have completed rebanding of their own systems, provided that they notify the TA of such continued mutual aid operations. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 1 (Alabama)
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    • Therefore, we grant a waiver to Chandler pending establishment of a rebanding timetable for Mexican border region licensees, which will apply to Chandler. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 5
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    • licensees in the region have completed rebanding of their own systems, provided that they notify the TA of such continued mutual aid operations. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 3 (Arizona)
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    • interference complaint, Sprint will strictly adhere to the Commission's mandated interference response timelines and requirements specified in Section 90.674 of the Commission's rules. Ordering clause Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the request for waiver of the June 26, 2008 deadline submitted by Sprint Nextel Corporation IS GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau See Improving Public Safety Communications in the 800 MHz Band, WT
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    • instant Application and Waiver Request are part of twenty-nine applications filed by Wyoming to use certain frequencies governed under Parts 22, 80 and 90 of the Commission's rules as part of its proposed WyoLink system. See, e.g., File Nos. 0002947551, 0003029378. 47 C.F.R. �� 20.9(a)(6), 22.561, and 22.565(f). 47 U.S.C. � 337(c). Alternatively, Wyoming seeks a waiver pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. See Waiver Request at 3. See Amended Waiver Request at 1. Id. at 2. Id. Id. See id. Id. at 3. Id. at 5. Id. at 1. Id. at 5. Id. See id. at 4. See id. at 8. See id. at 4. See id. Id. at 5. Id. Id. at 1.
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    • the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), and Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition). Improving Public Safety Communications
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    • et al. ORDER Adopted: January 23, 2008 Released: January 23, 2008 By the Chief, Mobility Division, Wireless Telecommunications Bureau: InTRODUCTION In this Order, we address the waiver request by Jamestown Manufacturing Corporation (Jamestown) for an extension of time to construct 698 Economic Area (EA) 35 MHz-band Part 22 paging licenses (Waiver Request). Specifically, Jamestown requests a waiver, pursuant to section 1.925 of the Commission's rules, to complete construction by June 21, 2010. For the reasons stated below, we grant the Waiver Request. BACKGROUND Jamestown was the winning bidder of the 698 licenses that are the subject of this Waiver Request in Auction No. 40, which closed on December 5, 2001. Jamestown's licenses were granted on June 21, 2002 with a three-year
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    • August 30, 2007, would be ineligible for relocation funding. On October 23, 2007, the State of New York (New York) filed a request for a limited waiver of the requirement that all new 700 MHz narrowband public safety operations must be deployed on the consolidated narrowband channels, effective August 30, 2007. Specifically, New York requests a waiver, pursuant to Section 1.925 of the Commission's rules, of the new 700 MHz public safety band plan, as applied to its statewide 700 MHz license, call sign WPTZ779, and limited to the U.S./Canadian border region within New York State so that New York can deploy and operate narrowband facilities within that border region in conformance with the current U.S./Canada coordination agreement governing the use
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    • January 7 and wired the money, which, [REDACTED] claims, was accepted by the Commission on January 7, 2008. [REDACTED] submitted the instant Waiver Request on January 17, 2008, nearly two weeks after the upfront payment deadline. In light of the public interest in predictable and consistent application of Commission rules and procedures, we deny [REDACTED] Waiver Request. Pursuant to Section 1.925, the Commission may grant a waiver of its rules if (i) it is shown that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual factual circumstances
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    • NCR regional rebanding, and we encourage all NCR licensees to complete rebanding of the non-interoperable components of their systems more quickly if possible. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the request for waiver of the June 26, 2008 deadline submitted by Fairfax County on behalf of the National Capital Region licensees is GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau The NCR licensees are
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    • that allowing TARS to continue operation on its current channels with full interference protection will serve the public interest. Based on the novel and narrow circumstances before us, we therefore grant Calhoun County's request for waiver. Ordering clauseS Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the waiver request filed by Calhoun County, Alabama IS GRANTED as noted herein. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau Calhoun
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    • and Homeland Security Bureau: Introduction The State of Wyoming (Wyoming) filed fourteen applications for authority to operate several channel pairs in the 150 MHz band as part of its statewide narrowband digital trunked P-25 radio communication systems called ``WyoLink.'' As part of these applications, Wyoming also seeks waiver of Sections 90.20(g)(2)(i) and 90.20(g)(5)(ii) of the Commission's rules, pursuant to Section 1.925(b)(3). For the reasons discussed below, we grant Wyoming's request as conditioned herein. BACKGROUND Wyoming seeks to construct a statewide narrowband digital trunked radio communications system, which it states would be ``used by participating local, state and federal agencies to support critical public safety and homeland security activities benefiting Wyoming's population of over 500,000 and its more than 11 million annual
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    • ``that should a carrier be unable to fulfill its construction requirements at the end of three years, it may seek a waiver from the relevant Commission rule.'' DISCUSSION As described in more detail below, we find that the unique circumstances described by Ronan warrant a limited waiver of the TLBC construction requirement. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) in view of unique or unusual factual circumstances of the instant case, application of the rule
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    • approval of local authorities to construct stations, it decided that ``it was far more likely to be successful in obtaining zoning approval if it only requested approval of one, rather than two, tower locations.'' According to Nassau, it would be inequitable to penalize it for withdrawing a bid based on such considerations, ``which are clearly beyond Nassau's control.'' Citing Section 1.925 of the Commission's rules, Nassau claims that it meets the Commission's standard for a waiver of Section 1.2104(g)(1). More specifically, Nassau asserts that the imposition of a bid withdrawal payment in its case does not serve the underlying purpose of the rule, which is to deter insincere bidding. Nassau argues that it has demonstrated that it was a sincere bidder
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    • 1934, as amended (the Act), to use, for public safety communications purposes, two frequencies interleaved between channels allocated for Part 22 point-to-multipoint operation. Specifically, Ashland proposes to construct and operate a new wireless telecommunications system for its public safety radio operations utilizing frequencies 470.1000 and 473.1000 MHz. In the alternative to Section 337(c), Ashland requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Ashland requests waiver of Sections 20.9(a)(6) and 22.621. Ashland is located in the Boston urbanized area. Ashland seeks waiver of the Commission's rules to use non-public safety frequencies, 470.1000 MHz and 473.1000 MHz, to enable it ``to operate a wireless telecommunications system to meet it public safety obligations to its citizenry.'' Ashland
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    • 4 Waiver Order. We clarify that the Wave 4 Waiver Order applies to these licensees, both of which are grouped in Wave 4. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A and Appendix B of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A
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    • the electronic filing requirement in Section 1.1913(b) of the Commission's Rules. We also direct the Broadband Division to process NMU's Application in accordance with the requirements set forth in this Memorandum Opinion and Order and the Commission's rules. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended 47 U.S.C. � 154(i), and Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3), that the waiver requests filed by Northern Michigan University on December 3, 2007 in connection with File No. 0003250992 ARE GRANTED, subject to the conditions noted below. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i), 309 that the licensing
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    • of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Illinois is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the public record submitted in response to the Second Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Arkansas is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the public record submitted in response to the Second Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Mississippi is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the public record submitted in response to the Second Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Hawaii is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the petitions and associated public record submitted in response to the Second Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • consider the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days until August 25, 2008. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition).
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    • ``may be granted if the licensee shows that failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control.'' The rule prohibits granting extensions based on a failure to obtain financing, failure to obtain an antenna site, failure to order equipment, or because of a transfer of control of the licensee. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
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    • attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands bidding credit waiver requests, see Section IV, ``Exhibit X: Tribal Lands Bidding Credit Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
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    • consider the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days until September 24, 2008. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition).
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    • ``the Township''). Woodbridge seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. � 337(c), to use, for public safety communications purposes, a trunked public safety communications system on fifteen frequency pairs in the television (TV) Channel 20 band (506-512 MHz). In the alternative, Woodbridge requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Woodbridge states that ``TV Channel 20 is available for allocation in the Philadelphia metropolitan area, which encompasses a radius of fifty miles from the City of Philadelphia.'' Because the proposed frequencies are not available for use by public safety entities in the Northern New Jersey area, Woodbridge seeks a waiver of Section
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    • consider the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days until October 24, 2008. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition).
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    • ``may be granted if the licensee shows that failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control.'' The rule prohibits granting extensions based on a failure to obtain financing, failure to obtain an antenna site, failure to order equipment, or because of a transfer of control of the licensee. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
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    • subject frequencies without Commission authorization during the period after the expiration of the license for Station WPIM837 and before the Commission granted Miller an STA, our decision is without prejudice to any Enforcement Bureau action. Accordingly, IT IS ORDERED, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Miller Breweries East, on March 8, 2007, as amended August 22, 2007, with FCC File No. 0002940300 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), that application FCC File No. 0002940300, filed
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    • frequencies without Commission authorization during the period after the expiration of the license for Station WPIH930 and before the Commission granted Delaware North an STA, our decision is without prejudice to any Enforcement Bureau action. Accordingly, IT IS ORDERED, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Delaware North Companies, Inc. - Boston, on April 12, 2007, with FCC File No. 0002991836 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), that application FCC File No. 0002991836, filed by Delaware
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    • consider the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days until November 24, 2008. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition).
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    • to the systems employed by ATC and Optasite (Eagle), GSI (Hark), and Crown Castle (Opto 22B3000 and Simple Com Tools Com 3000). Global Tower attaches to its petition exhibits describing relevant features of the FTTMS. Global Tower further supports its petition through the September 11, 2008 response to a request for additional information by the Wireless Telecommunications Bureau. DISCUSSION Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
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    • 1934, as amended, 47 U.S.C. � 337(c), to operate, for public safety communications purposes, a point-to-multipoint control frequency allocated for Part 22 point-to-multipoint service for paging operations. Specifically, the County seeks ``to operate a new public safety paging facility on [frequency] 476.2875 MHz.'' In the alternative to Section 337(c) of the Act, Morris County requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. The County requests waiver of Sections 20.9(a)(6) and 22.621 of the Commission's rules to use this frequency. The County also requests waiver of Sections 90.307 and 90.309 of the Commission's rules to locate transmitters short-spaced to television stations. Morris County states that it ``is located in northern New Jersey, on the western
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    • Center site. We therefore conclude that the public interest would be served by granting the Port Authority an extension of time to complete construction of the World Trade Center Stations listed in the Attachment. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 303(r), and Sections 1.925, 1.946(e), 90.157, and 101.65(b) of the Commission's rules, 47 C.F.R. �� 1.925, 1.946(e), 90.157, and 101.65(b), the Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission's rules, filed by the Port Authority of New York and New Jersey IS GRANTED, nunc pro tunc, to the extent indicated herein. This action is taken under delegated authority pursuant
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    • narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Harris is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the public record submitted in response to both the Second Further Notice and Third Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Ada is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the petitions and associated public record submitted in response to both the Second Further Notice and Third Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Phoenix is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the petitions and associated public record submitted in response to both the Second Further Notice and Third Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • service for its license at the five- and ten-year benchmarks. Under Sections 1.946(c) and 1.955(a)(2) of the Commission's rules, an M-LMS license will terminate automatically as of the construction deadline if the licensee fails to meet the construction requirement, unless it obtains an extension of time to construct under Section 1.946(e), or a waiver of the construction requirement under Section 1.925. In 2003, Havens requested additional time to meet the five-year construction requirement. In 2004, the Bureau's Mobility Division (Division) granted Havens three additional years to meet the five-year requirement. In 2005, the Division granted FCR similar relief and, in 2006, the Division granted Progeny relief. Havens sought reconsideration of those extensions. On January 31, 2007, the Division: (1) denied Havens'
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    • for authority ``to operate a trunked public safety communications system'' on fifteen frequency pairs in the television (TV) Channel 20 (506-512 MHz band). Woodbridge seeks waiver of Sections 90.305(a), 90.307(a), 90.307(d), and 90.309 of the Commission's rules, to use these frequencies pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, Section 1.925 of the Communication's rules. By this Order, we grant Woodbridge's Waiver Request as conditioned herein. BACKGROUND Woodbridge states that it is ``the fifth largest municipality in New Jersey,'' and that ``[a]ll Northeast corridor railroads cross Woodbridge and include public industrial stations and depots, including Metropark, New Jersey's largest commuter rail facility.'' Woodbridge adds that its ``location and industrial activity contributes
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � N � � � � DA 08-2778 Released: December 23, 2008 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON RONAN TELEPHONE COMPANY REQUEST FOR AN ADDITIONAL YEAR TO MEET TRIBAL LANDS BIDDING CREDIT CONSTRUCTION REQUIREMENT WT Docket No. 06-231 Comments due: January 8, 2009. Reply Comments due: January 15, 2009. Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the Request of Ronan Telephone Company (Ronan) for an additional year to meet the tribal lands bidding credit (TLBC) construction requirement for the Blackfeet Indian Reservation located in Montana (Request). On January 29, 2004, the Commission granted Ronan the Lower 700 MHz Band C Block license for
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    • on GPS-derived location information. --Grant of this waiver is subject to the resolution of Garmin's pending petition for rulemaking, RM-10762. --We may immediately terminate the waiver if harmful interference is reported to the Commission. V. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, Garmin International, Inc.'s request for extension of the waiver filed on August 6, 2008, IS GRANTED, and the waiver granted to Garmin International, Inc. on December 29, 2006 IS EXTENDED until December 29, 2010, under the same terms and conditions as the initial waiver. This action is taken under delegated authority pursuant
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    • 2008, very shortly after becoming aware of its error in interpreting its hearing aid compatibility compliance responsibilities. NEP Cellcorp notes that upon learning that it was not in compliance with the Commission's hearing aid compatibility requirements, it voluntarily notified the Commission of this fact as well as the actions it had taken to correct the problem. discussion Pursuant to Section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
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    • accommodate all of the public safety users in the County that will operate at 470-512 MHz.'' The County states that ``there is no mobile/portable equipment available today . . . that would span both the 470-512 and 700 MHz bands.'' Initially, the County sought waiver of Sections 90.303 and 90.305, and Part 73 of the Commissions rules, pursuant to Section 1.925, to use all frequencies in the TV Channel 15 band for public safety communications. Because these frequencies are not allocated for public safety operations, the County subsequently filed a supplement containing a request for waiver pursuant to Section 337(c) of the Communications Act of 1934 (the Act), as amended, and an engineering supplement to quantify the County's spectrum needs. On
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    • to four months of work and the subsequent retuning of fixed sites, Florida states that it can save time and resources by conducting its rebanding-related and expansion-related reprogramming simultaneously. Finally, Florida notes that it has obtained both Sprint's and Southern's consent for Florida to add the requested channels at the proposed locations prior to the conclusion of rebanding. Discussion Section 1.925 of the Commission's rules provides that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of
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    • under Part 80 of the Commission's rules, as part of Montana's statewide VHF public safety communications system. Because the subject maritime frequencies are not allocated for the provision of public safety services, the Counties seek waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended. In the alternative, the Counties seek waiver relief pursuant to Section 1.925 of the Commission's rules. Specifically, Beaverhead and Granite seek to use Part 80 private coast station frequencies and Silverbow seeks to use Part 80 maritime VHF frequencies as a part of a wireless communications system that is vital to the public safety governmental operations of the applicants. Accordingly, the Counties filed requests for waiver of Sections 80.105, 80.106, 80.123, 80.203,
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    • Center site. We therefore conclude that the public interest would be served by granting the Port Authority an extension of time to complete construction of the World Trade Center Stations listed in the Attachment. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 303(r), and Sections 1.925, 1.946(e), 90.157, and 101.65(b) of the Commission's rules, 47 C.F.R. �� 1.925, 1.946(e), 90.157, and 101.65(b), the Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission's rules, filed by the Port Authority of New York and New Jersey IS GRANTED, nunc pro tunc, to the extent indicated herein. This action is taken under delegated authority pursuant
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    • an explanation of why SouthernLINC has chosen the compliance efforts it has chosen. We emphasize that irrespective of the relief we grant in this Order, we fully expect SouthernLINC to achieve compliance as quickly as possible. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Request for Further Limited Waiver filed by Southern Communications Services, Inc. d/b/a SouthernLINC Wireless IS GRANTED IN PART, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is August 15, 2008. This action is taken under delegated authority pursuant to Sections 0.191
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    • the default payment rule is denied. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener, Chief Auctions and Spectrum Access Division Wireless Telecommunications Bureau Petition for Waiver - Expedited Action Requested, submitted January 2, 2008 (``Petition''). Petition at 2. Petition at 1-2. 47 C.F.R. � 1.2106 (c). 47 C.F.R. � 1.925. Petition at 5-6. Petition at 6. Id. 47 C.F.R � 1.2106. Implementation of Section 309(j) of the Communications Act - Competitive Bidding , Second Report and Order, 9 FCC Rcd 2348, 2378 � 171 (1994); Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7266 � 125 (1994). See
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    • Pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission's rules, NextBus's licenses will terminate automatically as of the construction deadline if NextBus fails to meet the requirements of section 22.503(k)(2), unless the Commission grants an extension or waives the construction requirements. The construction deadline for the twenty-eight licenses was June 21, 2007. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Petitions for Waiver of Section 20.19 of the Commission's Rules, Memorandum Opinion and Order, FCC 08-67 (released February 27, 2008) (``February 2008 Inductive Coupling Compatibility Waiver Order''). CTC September 18, 2006 Report at 2. CTC June 7, 2007 Report at 2. CTC April 2, 2007 Report at 2. See 47 C.F.R. � 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, FCC 08-67 at � 22. See id. at �� 11-17. Id. at � 8. Id. at � 22. See 47 U.S.C. � 610(a) (directing Commission to ``ensure reasonable access to telephone service by persons with impaired hearing''). CTC stated that it began offering Motorola Models V323i and RAZR V3m on March 13,
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    • extension of time to demonstrate substantial service because it will permit equipment for the LMDS A Block to become more widely available to rural licensees. We hereby seek comment on the waiver requests filed by the Rural LMDS Group, the LMDS Coalition, IDT Spectrum, and Corr Wireless. Parties may comment specifically or generally with respect to the waiver requests. Section 1.925(b)(3) of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that: ``(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; (ii) or in view of
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    • Capability Waivers Order, the Commission granted waiver requests to those petitioners that complied by January 1, 2007, and provided adequate justification for their inability to comply with the inductive coupling requirement by the deadline in the Commission's rules. The Commission denied waiver requests to the petitioners that complied at some time after January 1, 2007. Waiver Standard. Pursuant to Section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
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    • attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands bidding credit waiver requests, see Section IV, ``Exhibit X: Tribal Lands Bidding Credit Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
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    • WT Docket No. 01-309, May 31, 2007 at 2 (``South Slope May 31, 2007 Supplement to Petition for Waiver''). Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Petitions for Waiver of Section 20.19 of the Commission's Rules, Memorandum Opinion and Order, FCC 08-67 (released February 27, 2008) (``February 2008 Inductive Coupling Compatibility Waiver Order''). See 47 C.F.R. � 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, FCC 08-67 at � 22. See id. at �� 11-17. Id. at � 8. Id. at � 22. See South Slope May 31, 2007 Supplement to Petition for Waiver at 2. Section 312(f)(1) of the Act defines ``willful'' as ``the conscious and deliberate commission or omission of [any] act, irrespective of any
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    • III carrier, to obtain compliant handsets from its vendors. The Commission found that i wireless did not meet the requirements to justify a waiver under the rules. Specifically, the Commission stated that i wireless failed to demonstrate the diligence, unique or unusual circumstances, or any other factor that would warrant a grant of the requested waiver pursuant to the Section 1.925(b)(3) standard. The Commission recognized that i wireless, as a group of Tier III carriers with potentially limited inductive coupling-compatible GSM handsets available to it in September 2006, may well have been unable reasonably to come into compliance by the September 18, 2006 deadline, or shortly thereafter. Nonetheless, the Commission stated that i wireless had failed to demonstrate its need for
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    • at 1-2, 4 & n. 9, 8-11. See Request at 5 See Request at 10-11. Request at 3; see Auction 73/76 Procedures Public Notice, 22 FCC Rcd at 18,174-75 �� 120-23. An applicant that does not timely submit a sufficient upfront payment will be ineligible to bid. 47 C.F.R. � 1.2106(c). 47 C.F.R. �1.2105(b)(2). Request at 5. 47 C.F.R. � 1.925. Among the reasons underlying Frontline's prediction is the ``excessively high reserve price for the D Block license in Auction 73,'' which Frontline sought to have reduced in its Petition for Reconsideration of the 700 MHz Second Report & Order. Request at 9 (citing Frontline's Petition for Reconsideration of September 24, 2007). We note that Frontline subsequently withdrew its request on
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    • January 7 and wired the money, which, SAI claims, was accepted by the Commission on January 7, 2008. SAI submitted the instant Waiver Request on January 17, 2008, nearly two weeks after the upfront payment deadline. In light of the public interest in predictable and consistent application of Commission rules and procedures, we deny SAI's Waiver Request. Pursuant to Section 1.925, the Commission may grant a waiver of its rules if (i) it is shown that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual factual circumstances
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    • sites that were not covered by the 2004 Order, employing simulcast technology in five zones throughout the county. York would be using the same fifty-eight frequency pairs already on the existing licenses, and York seeks no new spectrum. York requests a waiver of Section 90.305(a) to operate at the new sites beyond eighty kilometers of Philadelphia, Pennsylvania pursuant to Section 1.925 of the Commission's rules, or, alternatively, Section 337(c) of the Communications Act of 1934, as amended (``the Act''). In addition, York requests to license individually eighty-three control stations to be associated with the twenty-two-site system. All control stations would be located within York County except for one that would be 0.5 kilometers into adjacent Adams County, Pennsylvania. York notes that
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    • Pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission's rules, RTS's license will terminate automatically as of the construction deadline if RTS fails to meet the requirements of section 22.503(k)(2), unless the Commission grants an extension or waives the construction requirements. The construction deadline for the Rochester license was June 21, 2007. A waiver may be granted, pursuant to section 1.925(b)(3) of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • specifies that Part 22 Paging and Radiotelephone Service operations be treated as commercial mobile radio services, and (ii) Section 22.565, which specifies the transmitting power limits associated with Part 22 Paging and Radiotelephone Service operations. Wyoming seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended, 47 U.S.C. � 337(c), or, alternatively, Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925. Wyoming states that it expects WyoLink to be used by participating local, state, and federal agencies to support critical public safety activities serving Wyoming's population of over 500,000 residents and its more than 11 million annual visitors and tourists. Although Wyoming estimates that the requested Part 22 channels represent less than
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    • by the County of Marin, California (Marin County). Marin County seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. � 337(c), to use, for public safety communications purposes, twelve point-to-multipoint UHF frequencies allocated for Part 22 public mobile service. In the alternative, Marin County requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Part 22 of the Commission's rules allocates the requested frequencies for point-to-multipoint public mobile service in the San Francisco, California urbanized area. Because the requested frequencies are regulated as Commercial Mobile Radio Service (CMRS) under Part 20 and are not allocated for public safety operations, Marin County requests a waiver of Sections
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    • public safety communications purposes, a frequency interleaved between channels allocated for Part 22 point-to-multipoint operation and a frequency interleaved between channels allocated for Part 22 trunked mobile operation. Specifically, Bayonne seeks to modify its existing public safety radio communications system by adding frequencies 470.1500 and 473.1500 MHz. In the alternative to Section 337(c), Bayonne requests waiver relief pursuant to Section 1.925, 47 C.F.R. � 1.925. Bayonne requests waivers of Sections 20.9(a)(6), 22.621, and 22.651, 47 C.F.R. �� 20.9(a)(6), 22.621, 22.651, and such other Commission rules as may be necessary to grant the application. Bayonne is located in the New York-Northeastern New Jersey urbanized area. In 2004, Bayonne was originally authorized to operate this system as Station WQBL378, with an associated waiver
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    • ``may be granted if the licensee shows that failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control.'' The rule prohibits granting extensions based on a failure to obtain financing, failure to obtain an antenna site, failure to order equipment, or because of a transfer of control of the licensee. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
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    • be authorized to operate the system if it had submitted an application when it first purchased the system, and its license would be grandfathered and renewable indefinitely. We also note that we have received no complaints of interference to LPRS operations attributable to UC Davis's system. Consequently, on our own motion, we grant UC Davis a waiver pursuant to Section 1.925 of the Commission's rules, to permit UC Davis to file an application for a new license for the system. Under the circumstances presented, the underlying purpose of Section 90.259(a)(3) would not be served by denying UC Davis the opportunity to license its pre-2002 system. We note that our action here is without prejudice to further inquiry and action by the
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    • the missing form(s) within two business days after being notified of the failure to meet the filing deadline, the post-auction licensing process for Auction No. 73 was not significantly delayed or materially affected. Thus, under the circumstances, we believe that grant of the waiver requests associated with these FCC Forms 601 and 602 is appropriate, pursuant to sections 0.331 and 1.925 of the Commission's Rules. 47 C.F.R. �� 0.331, 1.925. The Commission enhanced ULS to implement the electronic filing of pleadings. See Wireless Telecommunications Bureau Enhances the Commission's Universal Licensing System to Implement Electronic Filing for Pleadings, Public Notice, 21 FCC Rcd 424 (WTB 2006) (``ULS Pleadings Implementation PN''); see also FCC Announces New Filing Location for Paper Documents and a
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    • the public interest, or the applicant has no reasonable alternative. An applicant seeking a waiver faces a high hurdle and must plead with particularity the facts and circumstances that warrant a waiver. We conclude that NBPA has made a sufficient showing to warrant grant of the Waiver Request under the first prong of the waiver standard set forth in Section 1.925(b)(3). NBPA's proposed base station would be located approximately fifty-three miles from the center of the Philadelphia, Pennsylvania urbanized area and its proposed mobile operations would be restricted to an area approximately nine miles from the base station. The fifty-three mile separation from the geographic center of Philadelphia, when added to the nine-mile proposed operating radius of NBPA's mobiles, yields a
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    • of any efforts it made other than its December 28th email to obtain apparently necessary authorizations or approvals in order to submit an upfront payment by the deadline of 6:00 PM ET on January 4, 2008. In light of the public interest in predictable and consistent application of Commission rules and procedures, we deny the requested waiver. Pursuant to Section 1.925, the Commission may grant a waiver of its rules if (i) it is shown that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual factual circumstances
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    • 2007 by the Township of Cinnaminson, New Jersey (Cinnaminson or the Township). Cinnaminson seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended, 47 U.S.C. � 337(c), to use, for public safety communications purposes, two point-to-multipoint control frequencies allocated for Part 22 public mobile service. In the alternative, Cinnaminson requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Part 22 allocates the requested frequencies, 506.0125 and 509.0125 MHz, for point-to-multipoint service for paging operations in the Philadelphia, Pennsylvania urban area. Because Part 20 provides that these frequencies shall be regulated as a commercial mobile radio service, these frequencies are not allocated for public safety operations. Accordingly, Cinnaminson requests a waiver
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    • to Stations WHR877, WHR894, and WHR895, subject to the condition that the GSAs do not include any area that overlaps with the GSA of a neighboring co-channel EBS licensee. For the reasons stated above, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925 that the Petition for Further Reconsideration or Alternatively Waiver Request of Florida Atlantic University filed on August 10, 2007 IS GRANTED IN PART and IS DENIED IN PART. IT IS ORDERED, pursuant to Sections 4(i) and of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections and
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    • on request FOR waiver BY THE STATE OF NEW YORK to EXTEND ``SLOW GROWTH'' AUTHORIZATIONS File No. 0003776692 Comment Date: June 11, 2009 Reply Comment Date: June 26, 2009 The Public Safety and Homeland Security Bureau seeks comment on an application and waiver request filed on March 16, 2009, by the State of New York (New York). Pursuant to Section 1.925 of the Commission's Rules, New York seeks waiver of Section 90.629 of the Commission's Rules (Extended Implementation Period), to extend its ``slow growth'' authorizations. Specifically, New York represents that it has made ``substantial progress'' toward completion of a new statewide wireless network for its public safety radio operations, but that completion of the project was prevented by the default of
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    • the consideration paid among parties to settlement agreements and approve the Joint Parties' Settlement Agreement. We further grant the Parties' requests to dismiss USDA's Petition for Reconsideration, Banana's Opposition, and USDA's Reply. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 0.331, 1.925 and 1.935 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, 1.935, the Joint Request for Waiver, Approval of Settlement Agreement and Dismissal of Pleadings'' filed by Banana Communications, LLC and the United States Department of Agriculture on February 4, 2009, is GRANTED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 303(r) and 405 of the Communications Act of
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    • to abuse Commission processes.58Grant of the Request for (...continued from previous page) the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances of the instant case, application of the rule would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. 47 C.F.R. � 1.925(b)(3). 53In the Matter of Settlement Agreement and Request for Waiver of Section 1.935 of the Commission's Rules, Order, 22 FCC Rcd 4027 (WTB MD 2007) (Alltel Communications). The parties included Alltel Communications of the Southwest Limited Partnership; Commnet Wireless, LLC; McElroy Electronics Corporation; Smith Bagley, Inc.; and WWC License, L.L.C. 54Id. at 4032 ��11-12. 55In re Applications of Algreg Cellular
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    • the new band plan. See Oklahoma Western Telephone Company, Memorandum Opinion and Order, 23 FCC Rcd 5606, 5613 � 20 (2008). Oklahoma Western's request is timely pursuant to the extension granted by the Commission. 47 C.F.R. � 27.5(i)(2). 47 C.F.R. � 27.1230 et. seq. BRS/EBS R&O and FNPRM. BRS/EBS R&O, 19 FCC Rcd at 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F � � � O7� P7� Q7� R7� S7� T7�
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    • forth in Section 27.53(l)(3). In addition, per Section 27.53(l)(5), Oklahoma Western shall be permitted to operate fixed, temporary fixed and mobile data stations deployed as of January 10, 2005, provided that those facilities are in compliance with the emission limits set forth in former Sections 21.908 and 74.936; 6BRS/EBS R&O, 19 FCC Rcd at 14199 � 77. 747 C.F.R. � 1.925(b)(3). 847 C.F.R. �� 27.1230 et. seq. 5685 (5) Consistent with Section 27.55(a)(4)(i), all of the channels in Oklahoma Western's system will be permitted to operate at any point along their respective GSA boundaries at the greater signal strength of 47 dBu or the strength authorized in their underlying licenses as of January 10, 2005; (6) Sections 27.1220 (regarding 5.5 MHz
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    • 337(c) of the Communications Act of 1934, as amended (the Act), Granite seeks waiver of Sections 80.105, 80.106, 80.123, 80.203, 80.213, 80.371, and 80.373, and such other sections of Part 80 of the Commission's rules as may be necessary, to use frequencies that are designated for maritime use under Part 80. In the alternative, Granite requests a waiver under Section 1.925 of the Commission's rules to use the three maritime frequencies. By this Order, we deny Granite's request for relief under Section 337(c) but grant Granite's alternative request in part under Section 1.925, as set forth below and as conditioned herein, to use the requested maritime frequencies for its public safety communications system under Part 90. background Granite's Waiver Request. Granite
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    • advised ``that should a carrier be unable to fulfill its construction requirements at the end of three years, it may seek a waiver from the relevant Commission rule.'' DISCUSSION As described in more detail below, we find that the unique circumstances described by Ronan warrant a waiver of the TLBC construction requirement. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) in view of unique or unusual factual circumstances of the instant case, application of the rule
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    • addition, because PacifiCorp requests to withdraw its application for review of the Order, on the contingency that the amended applications and waiver request are granted, we grant the withdrawal request and dismiss the application for review. IT IS ORDERED, pursuant to Sections 4(i) and 303(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the Amended Request for Rule Waiver filed by PacifiCorp in association with applications FCC File Nos. 0001988156 and 0001988415 on December 19, 2008, IS GRANTED, and the applications SHALL BE PROCESSED consistent with this Order and the Commission's Rules. IT IS FURTHER ORDERED that the Contingent Request for Withdrawal of Application
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    • between the Commission and NTIA for coordination of spectrum issues involving both Federal and non-Federal users, seeFCC and NTIA Sign New Memorandum of Understanding on Spectrum Coordination, Press Release(rel. Jan. 31, 2003), NTIA reviewed a draft of this Order and requested that the conditions imposed on the waiver closely track the language of the Amended Waiver Request. 2647 C.F.R. � 1.925(b)(3); see also WAIT Radio v. FCC, 418 F. 2d 1153, 1159 (D.C. Cir. 1969). 5798 Federal Communications Commission DA 09-1120 would not be served by application to the instant case, and grant of the requested waiver would be in the public interest. 7. The Division previously concluded that grant of the assignment applications and waiver request would serve the public
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    • condition of its agreement with PTC-220, the City of Anaheim, CA is moving its operations from PTC-220's licenses to Access 220's licenses, and therefore a brief extension would enable it to provide service to governmental entities. Finally, Access 220 submits that it has made significant progress towards meeting the 10-year construction requirements. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • a condition of its agreement with PTC-220, the City of Anaheim, CA is moving its operations from PTC-220's licenses to Access 220's licenses, and therefore a brief extension would enable it to provide service to governmental entities.11Finally, Access 220 submits that it has made significant progress towards meeting the 10-year construction requirements.12 A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • Failure to comply with the conditions of this waiver grant, including timely submission of required status reports, may result in Commission enforcement action, modification of the waiver, or termination of TelAlaska's licenses. Accordingly, IT IS ORDERED that, pursuant to section 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), 303(r) and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the Request For Waiver or, in the Alternative, for Extension of Twelve-Month Construction Deadline, filed by TelAlaska, Inc., File Nos. 0003663275 and 0003663276, IS HEREBY GRANTED to the extent provided, and subject to the conditions set forth herein. Sincerely, Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau 47 C.F.R. �
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    • waiver in this instance would serve the public interest by permitting TelAlaska to provide additional telecommunications options to remote, rural portions of Alaska. The Commission has emphasized that one of its main public policy objectives is to encourage the deployment of wireless services in rural areas.26With respect to wireless services, the Commission 2047 C.F.R. �� 1.946(c), 1.955(a)(2). 2147 C.F.R. � 1.925. The Commission hasstated that, in situations in which the circumstances are unique and the public interest would be served, it would consider waiving construction requirements on a case-by-case basis. See Amendment of the Commission's Rules To Establish New Personal Communications Services, GEN Docket No. 90-314, Memorandum Opinion and Order, 9 FCC Rcd 4957, 5019 (1994),citingWAIT Radio v. FCC, 418 F.2d
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    • one milliwatt. ADS also has incorporated features to ensure that the MPRT-500 will neither interrogate nor respond to any aircraft other than the one that is under test. On January 15, 2008, the Division sought comment on the request for waiver. Comments were filed by Boeing Integrated Defense System (``Boeing IDS'') and ASRI. ADS filed reply comments. III. DISCUSSION Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • one milliwatt.10ADS also has incorporated features to ensure that the MPRT-500 will neither interrogate nor respond to any aircraft other than the one that is under test.11 5. On January 15, 2008, the Division sought comment on the request for waiver.12Comments were filed by Boeing Integrated Defense System ("Boeing IDS") and ASRI. ADS filed reply comments. III. DISCUSSION 6. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusualcircumstances, application of the
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    • milestone dates must be specific, i.e., it is not acceptable to list milestone dates as ``TBD (to be determined)'' or to specify milestones in terms of future events, e.g., ``on completion of rebanding in Region `X'.'' ORDERING CLAUSE Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008, deadline submitted by the licensees listed in Appendix A of this order are GRANTED, GRANTED IN PART, HELD IN ABEYANCE, OR DISMISSED to the extent discussed herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Acting Bureau Chief Public
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    • to construct ``may be granted if the licensee shows that failure to meet the construction or coverage deadline is due to involuntary loss of site or other causes beyond its control.'' We hereby seek comment on the waiver requests listed in the Appendix. Parties may comment specifically or generally with respect to specific or all of the waiver requests. Section 1.925(b)(3) of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that: ``(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; (ii) or in view of
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    • time to construct "may be granted if the licensee shows that failure to meet the construction or coverage deadline is due to involuntary loss of site or other causes beyond its control."11 We hereby seek comment on the waiver requests listed in the Appendix. Parties may comment specifically or generally with respect to specificor all of the waiver requests. Section 1.925(b)(3) of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that: "(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to theinstant case, and that a grant of the requested waiver would be in the public interest; (ii) or in view of unique
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    • information, waivers, and public notice. Legal Basis: 47 U.S.C. 154, 161, 303 and 332. Section Number and Title: 1.901 Basis and purpose. 1.902 Scope. 1.903 Authorization required. 1.907 Definitions. 1.911 Station files. 1.913 Application and notification forms; electronic and manual filing. 1.915 General application requirements. 1.917 Who may sign applications. 1.919 Ownership information. 1.923 Content of applications. 1.924 Quiet zones. 1.925 Waivers. 1.926 Application processing; initial procedures. 1.927 Amendment of applications. 1.929 Classification of filings as major or minor. 1.931 Application for special temporary authority. 1.933 Public notices. 1.934 Defective applications and dismissal. 1.935 Agreements to dismiss applications, amendments or pleadings. 1.937 Repetitious or conflicting applications. 1.939 Petitions to deny. 1.945 License grants. 1.946 Construction and coverage requirements. 1.947 Modification of
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    • eligible to be licensed on these EBS channels. Sprint Nextel's claim that it has standing because it is a party to the rulemaking proceeding involving BRS and EBS (WT Docket No. 03-66) and that petitioners are seeking to change the standards established in the BRS/EBS R&O must be rejected. The applications will be evaluated using the waiver standard in Section 1.925 of the Commission's Rules, as applied in the BRS/EBS R&O. Furthermore, these applications are not rulemaking proceedings but adjudications. For the same reason, we reject Sprint Nextel's argument that it is facing a unique uncertainty or disadvantage not faced by other providers. Any difference between action on these renewal applications and actions in other services is based not on use
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    • is not eligible to be licensed on these EBS channels.40Sprint Nextel's claim that it has standing because it is a party to the rulemaking proceeding involving BRS and EBS (WT Docket No. 03-66) and that petitioners are seeking to change the standards established in the BRS/EBS R&Omust be rejected. The applications will be evaluated using the waiver standard in Section 1.925 of the Commission's Rules, as applied in the BRS/EBS R&O. Furthermore, these applications are not rulemaking proceedings but adjudications. For the same reason, we reject Sprint Nextel's argument that it is facing a unique uncertainty or disadvantage not faced by other providers. Any difference between action on these renewal applications and actions in other services is based not on use
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    • the license be declared forfeited. Sprint Nextel argues that Hubbard's reasons for failing to respond to the October Public Notice and for failing to timely file her reconsideration of the decision in the June Public Notice dismissing her license did not support the Division's waiver grant. Sprint Nextel contends that Hubbard did not make the requisite showing pursuant to Section 1.925(b)(3) of the Commission's Rules and that the Division determination conflicts with Commission precedent. It also contends that the reinstatement of Hubbard's license undermines the Commission's goal of promoting the public interest by introducing uncertainty to the validity of 2.5 GHz licenses. It argues the Division decision may delay the deployment of wireless broadband services to the public and discourage investment
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    • that the license be declared forfeited.36 8. Sprint Nextel argues that Hubbard's reasons for failing to respond to the October Public Noticeand for failing to timely file her reconsideration of the decision in the June Public Notice dismissing her license did not support the Division's waiver grant.37Sprint Nextel contends that Hubbard did not make the requisite showing pursuant to Section 1.925(b)(3)38of the Commission's Rules and that the Division determination conflicts with Commission precedent.39Italso contends that the reinstatement of Hubbard's license undermines the Commission's goal of promoting the public interest by introducing 27Id. 28Reconsideration Order. 29Id., 21 FCC Rcd at 14090 � 6. 30Id. 31Id. 32Id. 33Sprint Nextel Petition. 34Idat 2. 35Id. at 2-3. 36Id. at 10. 37Id. at 3-9. 3847 C.F.R.
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    • of time to construct the Modification Application. On July 20, 2004, the Wireless Telecommunications Bureau declared the authorization for Station WNC586 forfeited, pursuant to Section 73.3534(e) of the Commission's Rules, for failure to construct and for failure to request an extension of time to construct. SBI filed the Reinstatement Petition on August 27, 2004. SBI contended that, pursuant to Section 1.925(b)(3)(ii) of the Commission's Rules, the Bureau should waive Section 73.3534 of the Commission's Rules and reinstate the authorization for Station WNC586. On January 25, 2007, the Broadband Division of the Wireless Telecommunications Bureau granted the Reinstatement Petition, reinstated the authorization for Station WNC586, and waived Section 73.3534 of the Commission's Rules to allow SBI to file a late-filed extension application.
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    • for extension of time to construct the Modification Application. On July 20, 2004, the Wireless Telecommunications Bureau declared the authorization for Station WNC586 forfeited, pursuant to Section 73.3534(e)18of the Commission's Rules, for failure to construct and for failure to request an extension of time to construct.19 5. SBI filed the Reinstatement Petition onAugust 27, 2004.20SBI contended that, pursuant to Section 1.925(b)(3)(ii) of the Commission's Rules,21the Bureau should waive Section 73.3534 of the Commission's Rules and reinstate the authorization for Station WNC586.22 6. On January 25, 2007, the Broadband Division of the Wireless Telecommunications Bureau granted the Reinstatement Petition, reinstated the authorization for Station WNC586, and waived Section 73.3534 of the Commission's Rules to allow SBI to file a late-filed extension application.23No
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    • amended, 47 U.S.C. �� 154(i), 309, and Section 1.939(h) of the Commission's Rules, 47 C.F.R. � 1.939(h), that the Petition to Dismiss or Deny filed by Sprint Nextel Corporation on October 19, 2007 IS DENIED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925, 1.949(a), and 21.11(c) of the Commission's Rules, 47 C.F.R. �� 1.925, 1.949(a), 74.15(e), that the requests for waiver of Section 1.949(a) and/or Section 74.15(e) of the Commission's Rules contained in File Nos. 0003171076 and 0003171370 ARE GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309,
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    • that 28See Biennial Regulatory Review �Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, and 101 of the Commission's Rules to Facilitate Development and Use of the Universal Licensing System in the Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14FCC Rcd 11476, 11485 � 22 (1999). 2947 C.F.R. � 1.925(b)(3). 30SeeJuan Galiano et al., Memorandum Opinion and Order, 5 FCC Rcd 6442 � 7 (1990). 31SeeAmendment 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, (continued....) 8099 Federal Communications Commission DA 09-1338 the rights of
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    • not eligible to be licensed on these EBS channels. We reject Sprint Nextel's claim that it has standing because it is a party to the rulemaking proceeding involving BRS and EBS (WT Docket No. 03-66) and that petitioners are seeking to change the standards established in the BRS/EBS R&O. The applications will be evaluated using the waiver standard in Section 1.925 of the Commission's Rules, as applied in the BRS/EBS R&O. Furthermore, these applications are not rulemaking proceedings but adjudications. For the same reason, we reject Sprint Nextel's argument that it is facing a unique uncertainty or disadvantage not faced by other providers. Any difference between action on these renewal applications and actions in other services is based not on use
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    • is not eligible to be licensed on these EBS channels.45We reject Sprint Nextel's claim that it has standing because it is a party to the rulemaking proceeding involving BRS and EBS (WT Docket No. 03-66) and that petitioners are seeking to change the standards established in the BRS/EBS R&O. The applications will be evaluated using the waiver standard in Section 1.925 of the Commission's Rules, as applied in the BRS/EBS R&O. Furthermore, these applications are not rulemaking proceedings but adjudications. For the same reason, we reject Sprint Nextel's argument that it is facing a unique uncertainty or disadvantage not faced by other providers. Any difference between action on these renewal applications and actions in other services is based not on use
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    • the Commission's Rules, 47 C.F.R. � 1.41, that the informal objection filed by Sprint Nextel Corporation, Nokia, Inc. and Nokia Siemens Networks, Inc. on July 10, 2007 IS DISMISSED with respect to File No. 0002972895. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 1.949(a) of the Commission's Rules, 47 C.F.R. �� 1.925, 1.949(a), that the request for waiver filed by Utopia Independent School District on March 29, 2007 in connection with application File No. 0002972895 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections
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    • 1966). 39See Biennial Regulatory Review �Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, and 101 of the Commission's Rules to Facilitate Development and Use of the Universal Licensing System in the Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14FCC Rcd 11476, 11485 � 22 (1999). 4047 C.F.R. � 1.925(b)(3). 41See BRS/EBS R&O &FNPRM, 19 FCC Rcd at 14248 � 217 ("As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application."); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and
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    • case, our analysis shows that there are no active, co-channel non-BTA BRS licenses that overlap with the geographic service area of Station WMX233. Accordingly, we need not determine whether you should be allowed to ``split-the-football.'' ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925, 1.949(a), and 21.11(c) of the Commission's Rules, 47 C.F.R. �� 1.925, 1.949(a), 21.11(c), that the waiver request filed by Blake Twedt on February 3, 2003 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.949 of the Commission's Rules, 47 C.F.R. �
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    • with another licensee whose license was in active status on January 10, 2005 and on the date the expired licensee's late-filed 7File No. 9750071 (filed Oct. 17, 1996) (Extension Application). 8Renewal Application. 947 C.F.R. � 1.1910(b) 10Notice of Dismissal, Ref. No. 3408908(issued Mar. 28, 2005). 11Notice of Dismissal, Ref. No. 3601084 (issued Jul. 6, 2005). 12Waiver Request. 1347 C.F.R. � 1.925(b)(3). 14Amendment 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, Third Order on Reconsideration and Sixth Memorandum Opinion and Order and Fourth Memorandum Opinion and Order and Second Further Notice of Proposed Rulemaking and Declaratory
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    • FCC, 401 F.2d 398, 404 (D.C. Cir. 1968). Mobilfone of Northeastern Pennsylvania, Inc., Memorandum Opinion and Order, 5 FCC Rcd 7414 (CCB 1990). See School Board of Dade County, Memorandum Opinion and Order, 18 FCC Rcd 24047, 24052 � 14 (WTB PSPWD 2003) (notice of filing of application is inadequate when notice lists the wrong channel group). 47 C.F.R. � 1.925(b)(3)(1). 47 C.F.R. � 1.925(b)(3)(ii). 47 C.F.R. � 74.932(d). Id. BRS/EBS R&O & FNPRM. Id., 19 FCC Rcd at 14255-57 �� 231-239. See Wireless Telecommunications Bureau's Broadband Division Grants Request for Waiver of EBS Discontinuance of Service Rule, Public Notice, 21 FCC Rcd 14485 (WTB BD 2006); Wireless Telecommunications Bureau's Broadband Division Grants Requests for Waiver of BRS and EBS Discontinuance
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    • the transition to the new rules applicable to EBS.28We agree with CDH that it is similarly situated to other EBS licensees that have received waivers. 21SeeSchool Board of Dade County, Memorandum Opinion and Order, 18 FCC Rcd 24047, 24052 � 14 (WTB PSPWD 2003) (notice of filing ofapplication is inadequate when notice lists the wrong channel group). 2247 C.F.R. � 1.925(b)(3)(1). 2347 C.F.R. � 1.925(b)(3)(ii). 2447 C.F.R. � 74.932(d). 25Id. 26BRS/EBS R&O &FNPRM. 27Id., 19 FCC Rcd at 14255-57 �� 231-239. 28See Wireless Telecommunications Bureau's Broadband Division Grants Request for Waiver of EBS Discontinuance of Service Rule, Public Notice, 21 FCC Rcd 14485 (WTB BD 2006); Wireless Telecommunications Bureau's Broadband Division Grants Requests for Waiver of BRS and EBS Discontinuance of
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    • P.C. 1425 K Street, N.W, Washington, DC 20005 Letter from Scott A. Byers to Federal Communications Commission, Wireless Telecommunications Bureau, Broadband Division (Mar. 13, 2007) (Request). 47 C.F.R. � 74.932(d) (2005). File No. BPIF-19930122DB. File No. 0002030531. Id., FCC Form 330-R, Response to Question 11. Request at 1-2. Request at 1-2. Request at 3-4. Request at 2. 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). 47 C.F.R. � 74.932(d). Id. 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, et al.; WT Docket Nos. 03-66, et al., Report and Order and Further Notice of Proposed
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    • concerned, however, that Wilkes filed a renewal application claiming that the station was in operation and providing educational and cultural programming when the station was in fact off the air. Because it is vital that all licensees and applicants provide fully accurate information in all filings with the Commission, we admonish Wilkes for filing an inaccurate application. 1047 C.F.R. � 1.925(b)(3)(i). 1147 C.F.R. � 1.925(b)(3)(ii). 1247 C.F.R. � 74.932(d). 13Id. 14Amendment 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, et al.; WT Docket Nos. 03-66, et al., Report and Order and Further Notice of Proposed
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    • at 23. Nationwide systems are exempt from the station identification requirement. 47 C.F.R. � 90.735(a). Waiver Request at 23. Id. at 21. Id. at 21-22. PTC-220 argues that it has no reasonable alternative to operating the positive train control system as a private system and that such a waiver is consistent with Commission precedent. Id. at 21. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 1.946(e)(1). As PTC-220 requested in its Waiver Request, we consolidate the applicable extended construction deadlines for each of its 220 MHz licenses, including PTC-220's two Phase I Nationwide licenses under call signs WPFR284 and WPFP444, previously subject to September, 2009 deadlines, and PTC-220's E Block EA license under call sign WPVL860, previously subject to a July, 2012
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1425A1_Rcd.pdf
    • at 23. Nationwide systems are exempt from the station identification requirement. 47 C.F.R. � 90.735(a). 42Waiver Request at 23. 43Id. at 21. 44Id. at 21-22. PTC-220 argues that it has no reasonable alternative to operating the positive train control system as a private system and that such a waiver is consistent with Commission precedent. Id. at 21. 4547 C.F.R. � 1.925(b)(3). 8541 Federal Communications Commission DA 09-1425 deadline is due to involuntary loss of site or other causes beyond its control.46 11.Waiver of the Construction Requirements and Substantial Service Showing. In light of the unique factual circumstances of this case, we grant a five-year waiver of Sections 90.767, 90.769, and 90.743, to the extent described below and subject to the reporting
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    • kHz frequency pair on its current channel center. We believe that it would be contrary to the Commission's intent to grant a waiver to permit RCA to encumber spectrum for which RCA has no immediate need. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.41 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.41, 1.925, the informal petition filed by National Science and Technology Network, Inc., to dismiss or deny application FCC File No. 0003370765 IS GRANTED to the extent indicated above. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a), and
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    • frequency pair on its current channel center. We believe that it would be contrary to the Commission's intent to grant a waiver to permit RCA to encumber spectrum for which RCA has no immediate need. 7. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.41 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.41, 1.925, the informal petition filed by National Science and Technology Network, Inc., to dismiss 6 Id. at 2. 7 See Petition at 1-2. RCA argues that NSTN lacks standing to challenge the application. See Opposition at 2. We note, however, that there is no standing requirement for informal petitions for Commission action.
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    • ``may be granted if the licensee shows that failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control.'' The rule prohibits granting extensions based on a failure to obtain financing, failure to obtain an antenna site, failure to order equipment, or because of a transfer of control of the licensee. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
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    • to construct "may be granted if the licensee shows that failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control."10The rule prohibits granting extensions based on a failure to obtain financing, failure to obtain an antenna site, failure to order equipment, or because of a transfer of control of the licensee.11Section 1.925 of the Commission's Rules12provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of
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    • incumbent 220 MHz systems because of the inability to provide the services that the public demands. Petitioners argue that requiring licensees to construct their respective systems with stopgap, legacy 220 MHz equipment solely to meet their construction deadlines would be a waste of scarce resources, and a disservice to the public. Discussion. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • site-based, incumbent 220 MHz systems because of the inability to provide the services that the public demands.12Petitioners argue that requiring licensees to construct their respective systems with stopgap, legacy 220 MHz equipment solely to meet their construction deadlines would be a waste of scarce resources, and a disservice to the public.13 Discussion. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • that it is unrealistic and ``nearly punitive'' to require licensees to construct facilities merely to meet administrative requirements when such action would not result in viable service. Supreme further submits that the public interest is served by constructing facilities to provide service to the public, not merely to save a license. Discussion. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • service.11Supreme addsthat it is unrealistic and "nearly punitive" to require licensees to construct facilities merely to meet administrative requirements when such action would not result in viable service.12Supreme further submits that the public interest is served by constructing facilities to provide service to the public, not merely to save a license.13 Discussion. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • in a loss of investment made by it to date and will cause undue hardship and unrecoverable financial burden on the company. SKWC also asserts that the 220 MHz equipment situation represents a unique or unusual factual circumstance where application of the rule would be inequitable, unduly burdensome and contrary to the public interest in accordance with Commission rule section 1.925(3)(ii), but also is outside of the Company's control and therefore falls squarely within extensions contemplated in Commission rule section 1.946(e). Discussion. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case,
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    • in a loss of investment made by it to date and will cause undue hardship and unrecoverable financial burden on the company.10 SKWC also asserts that the 220 MHz equipment situation represents a unique or unusual factual circumstance where application of the rule would be inequitable, unduly burdensome and contrary to the public interest in accordance with Commission rule section 1.925(3)(ii), but also is outside of the Company's control and therefore falls squarely within extensions contemplated inCommission rule section 1.946(e).11 Discussion. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and
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    • standard must be considered in conjunction with section 309(j) of the Communications Act, as amended, which states that the Commission shall include performance requirements to ensure prompt delivery of services, to prevent stockpiling and warehousing of spectrum by licensees, and to promote investment and deployment of new technologies and services. In addition, a waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • applicable extension standard must be considered in conjunction with section 309(j) of the Communications Act, as amended, which statesthat the Commission shall include performance requirements to ensure prompt delivery of services, to prevent stockpiling and warehousing of spectrum by licensees, and to promote investment and deployment of new technologies and services.16In addition, a waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • transmission of digital broadcast material to the transmitters, but also for data connections from the transmitters to the studios and data paths for business network uses, and notes that only a portion of the microwave licenses' bandwidth would be used for studio-transmitter link purposes. AM/FM contends, therefore, that using the licenses as studio-transmitter links would be spectrally efficient. DISCUSSION Section 1.925(b)(3) of the Commission's Rules requires parties seeking a waiver to demonstrate that: (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the instant
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    • of digital broadcast material to the transmitters, but also for data connections from the transmitters to the studios and data paths for business network uses, and notes that only a portion of the microwave licenses' bandwidth would be used for studio-transmitter link purposes.20AM/FM contends, therefore, that using the licenses as studio-transmitter links would be spectrally efficient.21 III. DISCUSSION 7. Section 1.925(b)(3) of the Commission's Rules requires parties seeking a waiver to demonstrate that: (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the instant
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    • 12.5 MHz, whereas the instant facility would only require a 2.5 MHz bandwidth. Baybridge concludes use of the 10 GHz band to deliver KDIA(AM)'s broadcast signal to the Tubbs Island transmitter site would result in the most spectrally-efficient usage, would not cause interference to other licensees, and would not suffer substantial fade due to terrain and weather factors. DISCUSSION Section 1.925(b)(3) of the Commission's Rules requires parties seeking a waiver to demonstrate that: (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the instant
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    • whereas the instant facility would only require a 2.5 MHz bandwidth.14Baybridge concludes use of the 10 GHz band to deliver KDIA(AM)'s broadcast signal to the Tubbs Island transmitter site would result in the most spectrally- efficient usage, would not cause interference to other licensees, and would not suffer substantial fade due to terrain and weather factors.15 III. DISCUSSION 4. Section 1.925(b)(3) of the Commission'sRules requires parties seeking a waiver to demonstrate that: (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;or (ii) In view of unique or unusual factual circumstances of the instant case, application
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    • requirements for certain Phase II 220 MHz licenses filed by NRTC LLC (NRTC). In addition, we address the request for waiver and extension of time to construct for certain Phase II 220 MHz licenses filed by NRTC. Specifically, NRTC requests that the Commission accept its Substantial Service Showings with respect to its five-year construction requirements, or alternatively, pursuant to sections 1.925 and 1.946 of the Commission's rules, NRTC requests a waiver and extension of time to construct for its five-year construction requirements (First Extension Request). In addition, pursuant to sections 1.925 and 1.946 of the Commission's rules, NRTC requests a waiver and extension of time to construct for its ten-year construction requirements (Second Extension Request). For the reasons stated below, we
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    • construction requirements for certain Phase II 220 MHz licenses filed by NRTC LLC (NRTC).1In addition, we address the request for waiver and extension of time to construct for certain Phase II 220 MHz licenses filed by NRTC.2 Specifically, NRTC requests that the Commission accept its Substantial Service Showings with respect to its five-year construction requirements, or alternatively, pursuant to sections 1.925 and 1.946 of the Commission's rules, NRTC requests a waiver and extension of time to construct for its five-year construction requirements (First Extension Request).3In addition, pursuant to sections 1.925 and 1.946 of 1SeeFile Nos.0003222770 (WPOI700); 0003222771 (WPOK780); 0003222773 (WPOL330); 0003222775 (WPOL332); and 0003222776 (WPOL333), filed November 5, 2007 (Substantial Service Showings). 2NRTC has on file extension requests that cover its
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    • OC-3 circuits from its studio to its transmitter site in Newton. The quoted cost was $291,000 a year under a three-year contract. GBR concludes that operation in the 11 GHz band would result in the most spectrally-efficient usage, which would not cause interference to other licensees, and would not suffer substantial fade due to terrain and weather factors. DISCUSSION Section 1.925(b)(3) of the Commission's Rules requires parties seeking a waiver to demonstrate that: (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the instant
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    • OC-3 circuits from its studio to its transmitter site in Newton.14The quoted cost was $291,000 a year under a three-year contract.15GBR concludes that operation in the 11 GHz band would result in the most spectrally-efficient usage, which would not cause interference to other licensees, and would not suffer substantial fade due to terrain and weather factors.16 III. DISCUSSION 4. Section 1.925(b)(3) of the Commission's Rules requires parties seeking a waiver to demonstrate that: (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the instant
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    • not accompanied by an affidavit of a qualified electrical engineer as required by Section 1.106(e), and offers no grounds for waiving that requirement. We therefore dismiss the petition. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Petition for Reconsideration and Request for Waiver filed by Kevin R. Nida on October 31, 2006, is DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 405, and Sections 1.102 and 1.106 of
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    • the cable operator was completely denied notice of the subscriber's complaint, Moses had notice of the Kay reconsideration request. 63We also note that, because Moses responded to the UTC Letter and the Henry Request, PSPWD took Moses's views into consideration prior to release of the 2002 Order. 64See Nida First Petition at 10-11. 6547 C.F.R. � 1.106(e). 6647 C.F.R. � 1.925(b)(3). 8864 Federal Communications Commission DA 09-1474 determination based upon accepted rules and standards," because such data is particularly useful in resolving allegations of interference.67Because the engineering opinion from UTC was an empirical determination based on accepted rules and standards, the 2006 Orderconcluded that the underlying purpose of the rule wasserved by the UTC letter.68We also conclude that it was in
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    • Opening Bids, Upfront Payments and Other Procedures for Auction 79,'' Public Notice, DA 09-810, 24 FCC Rcd 4448 � 64 (2009) (``Auction 79 Procedures Public Notice''). See Auction 79 Procedures Public Notice at � 94. 47 C.F.R. � 1.2106(a); see also Part 1 Fifth Report and Order, 15 FCC Rcd at 15316-17 �� 40-42. See 47 C.F.R. �� 1.3 and 1.925. Part 1 Fifth Report and Order, 15 FCC Rcd at 15317. Id., 15 FCC Rcd at 15316-17. Id. at 15316. The Commission has determined that a policy of strict adherence to payment deadlines is necessary to serve the public interests of integrity, fairness and efficiency of the auction process. See Delta Radio, Inc. v. FCC, 387 F.3d 897, 901, 903
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    • Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction 79," Public Notice, DA 09-810, 24 FCC Rcd 4448 � 64 (2009) ("Auction 79 Procedures Public Notice"). 4See Auction 79 Procedures Public Noticeat � 94. 547 C.F.R. � 1.2106(a); see also Part 1 Fifth Report and Order, 15 FCC Rcd at 15316-17 �� 40-42. 6See47 C.F.R. �� 1.3 and 1.925. 7Part 1FifthReport and Order, 15 FCC Rcd at 15317. 8Id., 15 FCCRcd at 15316-17. 9Id. at 15316. 10The Commission has determined that a policy of strict adherence to payment deadlines is necessary to serve the public interests of integrity, fairness and efficiency of the auction process. See Delta Radio, Inc. v. FCC, 387 F.3d 897, 901, 903 (D.C. Cir 2004)
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    • 21, 2009 responses to requests for additional information by the Wireless Telecommunications Bureau. Diamond also asserts in its petition that the TSMS are similar in quality and robustness to the Eagle and HARK systems, and as support incorporates the TowerSentry waiver request by reference. We will consider both the TowerSentry and Diamond waiver requests jointly in this Order. DISCUSSION Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
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    • July 21, 2009 responses to requests for additional information by the Wireless Telecommunications Bureau.10Diamond also asserts in its petition that the TSMS are similar in quality and robustness to the Eagle and HARK systems,11and as support incorporates the TowerSentry waiver request by reference.12We will consider both the TowerSentry and Diamond waiver requests jointly in this Order. III. DISCUSSION 5. Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: "(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant 5In the Matter of Requests of American Tower Corporation and Global Signal, Inc., to Waive
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    • market next year because no MVDDS licensees have initiated service. In addition, it states that the entire MVDDS industry is facing problems with regard to the lack of commercially available equipment. Thus, DTVN avers that grant of the extension will not preclude entry or limit competition in the New York market. We hereby seek comment on the Sixth Request. Section 1.925(b)(3) of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that: ``(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; (ii) or in view of
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    • in any market next year because no MVDDS licensees have initiated service.17In addition, it states that the entire MVDDS industry is facing problems with regard to the lack of commercially available equipment.18 Thus, DTVN avers that grant of the extension will not preclude entry or limit competition in the New York market.19 We herebyseek comment on the Sixth Request. Section 1.925(b)(3) of the Commission's Rules provides thata waiver of the Commission's Rules may be granted if it is shown that: "(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to theinstant case, and that a grant of the requested waiver would be in the public interest; (ii) or in view of unique or
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    • public safety communications purposes, frequencies in the television (TV) Channel 18 Band (494-500 MHz). Specifically, Franklin seeks to license seven simulcast, repeater stations, arranged throughout the county. The County requests twenty-two repeater frequency pairs and six simplex, mobile-only frequencies for fire-ground and tactical operations. In the alternative to Section 337(c) of the Act, Franklin requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. TV Channel 18 is allocated to the private land mobile radio service (PLMRS) in the Washington, DC/MD/VA urbanized area, and base stations can be authorized within 80 km of the geographic center of the cities listed in the rules. The County states that ``Franklin County is beyond 80 km from any city
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    • (``Lancaster'' or ``the County''). Lancaster seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934 (the Act), as amended, 47 U.S.C. � 337(c), to use, for public safety communications purposes, a land mobile public safety communications system sharing spectrum with television (TV) Channel 15 (476-482 MHz band). In the alternative, Lancaster requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Lancaster states that ``[a]lthough eastern Lancaster County is within 80 km of Philadelphia, the majority of the county is more than 80 km from any city authorized by rule to utilize television (``T-Band'') channels.'' Lancaster notes that ``channel 15 is already allocated for land mobile use in the New York City area,''
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    • MHz Band, WT Docket No. 06-150, PS Docket No. 06-229, Second Report and Order, 22 FCC Rcd 15289, 15453-58 �� 469-484 (2007) (700 MHz Second Report and Order); 47 C.F.R. �� 27.1330, 90.1430. See 47 C.F.R. � 90.1430; 700 MHz Third Further Notice at 14395-99 �� 294-304. See 700 MHz Second Report and Order at 15408-15 �� 327-344. 47 C.F.R. �1.925(b);WAIT Radio v. FCC, 413 F.2d 1153, 1157 (D.C. Cir. 1969) (WAIT Radio), aff'd, 459 F.2d 1203 (D.C. Cir. 1972); Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., 700 MHz Second Further Notice at 8052 � 6. 700 MHz Third Further Notice at 14319 � 51. Id. at 14321 � 54. ; The PSST
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    • filing FCC Form 601. The rule requires such a request to be filed before the expiration of the construction or coverage period. Because SWWG, LLC did not request an extension of the construction deadline in a timely manner, it would need a waiver of Section 1.946 of the Commission's Rules to allow consideration of its untimely construction. Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • ... authorized under this part must be in operation within 18 months from the initial date of grant."). 4Construct/Coverage Reminder, Ref. No. 1404137 (Aug. 14, 2007). 5Petition. 6See 47 C.F.R. � 1.946(c). 747 C.F.R. � 1.946(e). 11014 SWWG, LLC would need a waiver of Section 1.946 of the Commission's Rules to allow consideration of its untimely construction. Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • Rules and reinstating Georgia Television's authorization to active status will further the Commission's goal of abating unacceptable interference to 800 MHz public safety systems in a way that imposes minimal disruption on licensees. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, that the waiver request and the petition for reconsideration filed June 23, 2008 by Georgia Television Company IS GRANTED, and the license for Station KR9903, Paths 1 and 2, as modified by File No. 0002764987, IS RETURNED to active status. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications
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    • Rules and reinstating Georgia Television's authorization to active status will further the Commission's goal of abating unacceptable interference to 800 MHz public safety systems in a way that imposes minimal disruption on licensees.15 Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, that the waiver request and the petition for reconsideration filed June 23, 2008 by Georgia Television Company IS GRANTED, and the license for Station KR9903, Paths 1 and 2, as modified by File No. 0002764987, IS RETURNED to active status. 847 C.F.R. � 1.925(b)(3). 9Normally, a request for extension of time
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    • has received special temporary authority to operate the facilities formerly licensed under Station WNEV369. If PSE wishes to obtain a new regular authorization for this station, it may file a new, properly coordinated application. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by Puget Sound Energy on July 22, 2008 IS DENIED, and application File No. 0003513606 SHALL BE DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47
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    • 11486 � 22. 11Id. at 11485 � 22. 12See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed renewal applications after the licenses expired, and dismissing the subject applications). 1347 C.F.R. � 1.949(a). 1447 C.F.R. � 1.955(a)(1). 1547 C.F.R. � 1.925(b)(3). 16Waiver Request at 1. 17SeeFresno City and County Housing Authorities, Order on Reconsideration, 15 FCC Rcd 10998, 11002 � 11 (WTB PSPWD 2000) (citing Plumas-Sierra Rural Electric Cooperative, Order, 15 FCC Rcd 5572, 5575 � 9 (WTB PSPWD 2000)). 11253 Mr. Ronald J. Tornquist and submitting a renewal application to the Commission in a timely manner.18Thus, we deny PSE's request
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    • has received special temporary authority to operate the facilities formerly licensed under Station WCE961. If Duke wishes to obtain a new regular authorization for this station, it may file a new, properly coordinated application. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by Duke Energy Carolinas, LLC, IS DENIED, and application File No. 0003530927 SHALL BE DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131,
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    • 11486 � 22. 12Id. at 11485 � 22. 13See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed renewal applications after the licenses expired, and dismissing the subject applications). 1447 C.F.R. � 1.949(a). 1547 C.F.R. � 1.955(a)(1). 1647 C.F.R. � 1.925(b)(3). 17Waiver Request at 1. 11256 Mr. David W. Reams a timely manneris not so unique and unusual in itself as to warrant a waiver of the Commission's Rules.18 As noted above, the Commission sent Duke a renewal reminder letter three months before its license expired, although, as the Commission has previously explained, reminder letters are a convenience to licensees and
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    • the public interest; or (ii) in view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. We deny ILCC's request for waiver of these rules because it made no attempt to make the showing required by Section 1.925 of the Commission's Rules. Given the importance of preventing harmful interference, granting a waiver under these circumstances would be inconsistent with the underlying purposes of the rule and would be inappropriate. Furthermore, ILCC has not demonstrated that there are any unique or unusual factual circumstances. We therefore conclude that ILCC has not justified a waiver of Section 301 of the
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    • in the public interest;20or (ii) in view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative.21 We deny ILCC's request for waiver of these rules because it made no attempt to make the showing required by Section 1.925 of the Commission's Rules. Given the importance of preventing harmful interference, granting a waiver under these circumstances would be inconsistent with the underlying purposes of the rule and would be inappropriate. Furthermore, ILCC has not demonstrated that there are any unique or unusual factual circumstances. We therefore conclude that ILCC has not justified a waiver of Section 301 of the
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    • that date. conclusion and ordering clauses For the reasons discussed above, we grant the waiver requests. The licensing staff of the Broadband Division shall process the instant renewal applications and extension applications in accordance with this Memorandum Opinion and Order. ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925, 1.949(a), and 1.946(e), and former Section 73.3534 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.949(a), 1.946(e), 73.3534, that the Requests for Waiver filed by Brantley County Board of Education on July 13, 2009, Earle School District on July 15, 2009, Evans County School System on July 16, 2009, and Troup County Schools on July 14, 2009 ARE GRANTED. IT
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    • transition to the new BRS/EBS band plan, we require the applicants to take such steps as are necessary to reflect the transition to the new band plan. According to filings made to the Commission, Stations WLX683 and WNC417 have already been transitioned to the new band plan.34A self-transition notification35has been filed for Station WLX698.36We will, on our 2747 C.F.R. � 1.925(b)(3). 28See Brantley Waiver Request at 2-3; Evans Waiver Request at 1-2. 29See BRS/EBS R&O &FNPRM, 19 FCC Rcd at 14248 � 217 ("As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application."); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of
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    • a request for waiver of Sections 90.303, 90.305, 90.307, 90.309, and 90.311 of the Commission's rules to use, for public safety communications purposes, twelve frequency pairs from the UHF Television (TV) Channel 15 band (476-482 MHz). Ocean County seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act) or, in the alternative, Section 1.925 of the Commission's rules. As further detailed below, we find that Ocean County has failed to meet the criteria for a waiver under Section 337 of the Act. However, Ocean County has met the requisite showing meriting a waiver pursuant to Section 1.925 of the Commission's rules. Accordingly, we grant Ocean County's request for waiver to modify its existing licenses
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    • Merrimack Village District for Station WPRU605. Your notification of construction states that the path commenced operation on August 21, 2002. Therefore the facilities were not constructed timely. In addition, we did not receive your request for waiver of the late-filed notification of construction until May 15, 2007, almost 4 years and nine months after the construction deadline. Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • authorized under this part must be in operation within 18 months from the initial date of grant.") 5Reference No. 1404137 6File No. 0002968285 (filed May 15, 2007) (Notification) 11564 Merrimack Village District not receive your request for waiver of the late-filed notification of construction until May 15, 2007, almost 4 years and nine months afterthe construction deadline. Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • of the construction or coverage period. Station WPSG727 and the associated Path 1 and Path 2 all share an April 19, 2001 first use date and an extended construction deadline of October 19, 2003. We did not receive your Notification of Construction until March 5, 2007, almost three years and five months after the extended construction deadline. Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • Extension of Construction Deadline). 3See 47 C.F.R. � 1.946(c). 447 C.F.R. � 1.946(e). 5See File No. 0000354382; Wireless Telecommunications Bureau Site-By-Site Action, Public Notice, Report No. 839 (rel. April 25, 2001). See also47 CFR �101.63(a) ("Each Station ... authorized under this part must be in operation within 18 monthsfrom the initial date of grant.") 11567 Charles Button Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
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    • to the remoteness of its sites, Windy City is also having technical difficulties with its limited bandwidth satellite connection for out-of-area calls, but with additional time and testing, it feels the technical problems can be resolved. Windy City states that it continues to work with all parties involved to resolve outstanding issues. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • rules. See 47 C.F.R. � 22.946(c). 447 C.F.R. �� 1.946(c), 1.955(a)(2). 5Extension Request at 1. 6Id. 7Id. 8Id. 11572 - out-of-area calls, but with additional time and testing, it feels the technical problems can be resolved.9 Windy City states that it continues to work with all parties involved to resolve outstanding issues. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • providing service from the site. Specifically, Verizon states that an unforeseen problem with the existing fiber to the site must be corrected and that Landline Telco is currently installing new fiber to the site. Once the new fiber is installed, Verizon states that it will place the Matthews, MO Site in service. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • to providing service from the site.5Specifically, Verizon states that an unforeseen problem with the existing fiber to the site must be corrected and that Landline Telco is currently installing new fiber to the site.6 Once the new fiber is installed, Verizon states that it will place the Matthews, MO Site in service.7 A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • accordance with Section 1.931 of the Commission's Rules, if it wishes to continue operating the facilities. In view of the foregoing, we find that grant of SLC's requested waiver is not in the public interest. Accordingly, IT IS ORDERED, pursuant to Section 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the requests for waiver of Section 1.949(a) of the Commission's Rules filed December 4, 2008 by SLC Licensee TV Corp. ARE DENIED, and application File Nos. 0003666637, 0003666638, 0003666639 SHALL BE DISMISSED. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R.
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    • 11486 � 22. 13Id. at 11485 � 22. 14See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed renewal applications after the licenses expired, and dismissing the subject applications). 1547 C.F.R. � 1.949(a). 1647 C.F.R. � 1.955(a)(1). 1747 C.F.R. � 1.925(b)(3). 18ULS MO&O, 14 FCC Rcd at 11485 � 22. 11721 Kathleen M. Kirby, Esq. and Todd M. Stansbury, Esq. the underlying purpose of the rule would not be served or would be frustrated by application to SLC in the instant case. Nor does SLC show how administrative oversight constitutes unique or unusual factual circumstances.19SLC fails to explain the cause of
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    • for use by helicopters for air-to-air communications, as a unicom/CTAF frequency. It states, ``123.025 is the helicopter air-to-air frequency used by all operators in this congested airspace. It is the general consensus of the operators that having to manage another frequency for heliport advisories puts them at risk.'' Sterling states that the requested frequency change will enhance aviation safety. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a request for waiver if it is shown that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • is designated for use by helicopters for air-to-air communications,7as a unicom/CTAF frequency. It states, "123.025 is the helicopter air-to-air frequency used by all operators in this congested airspace. It is the general consensus of the operators that having to manage another frequency for heliport advisories puts them at risk."8Sterling states that the requested frequency change will enhance aviation safety.9 Section 1.925(b)(3) of the Commission's Rules provides that we may grant a request for waiver if it is shown that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (ii) in view ofunique or unusual factual circumstances
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    • continue operating the facilities that were formerly licensed to it under call signs WPOR344 and WPOR345. If ConocoPhillips wishes to obtain new regular authorizations for those stations, it may file new, properly coordinated applications. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the requests for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by ConocoPhillips Communications Inc. on January 13, 2009, ARE DENIED, and application File Nos. 0003701795 and 0003701796 SHALL BE DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's
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    • 11486 � 22. 11Id. at 11485 � 22. 12See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed renewal applications after the licenses expired, and dismissing the subject applications). 1347 C.F.R. � 1.949(a). 1447 C.F.R. � 1.955(a)(1). 1547 C.F.R. � 1.925(b)(3). 16Waiver Request at 1. 17SeeFresno City and County Housing Authorities, Order on Reconsideration, 15 FCC Rcd 10998, 11002 � 11 (WTB PSPWD 2000) (citing Plumas-Sierra Rural Electric Cooperative, Order, 15 FCC Rcd 5572, 5575 � 9 (WTB PSPWD 2000)). 11756 Ms. Janet Tucker application to the Commission in a timely manner.18Thus, we deny ConocoPhillips's request for a waiver to permit
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    • special temporary authority to continue operating the facilities formerly licensed under call sign WNTT334. If Billings wishes to obtain a new regular authorization for this station, it may file a new, properly coordinated application. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by the City of Billings, Montana, on January 7, 2009, IS DENIED, and application File No. 0003695501 SHALL BE DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's
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    • 11486 � 22. 12Id. at 11485 � 22. 13See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed renewal applications after the licenses expired, and dismissing the subject applications). 1447 C.F.R. � 1.949(a). 1547 C.F.R. � 1.955(a)(1). 1647 C.F.R. � 1.925(b)(3). 17Waiver Request at 1. 11759 Ms. Christina Fox Commission's Rules.18Further, each licensee is solely responsible for knowing the terms of its license and submitting a renewal application to the Commission in a timely manner.19Thus, we deny Billings' request for a waiver to permit the late renewal of its license and dismiss the application as untimely filed. We conclude that the
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    • may file a new, properly coordinated application. If the company needs to continue operating the facilities in the meantime, it can seek special temporary authority (STA) pursuant to Section 1.931 of the Commission's Rules. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by AlarmNet, Inc., on February 23, 2009, IS DENIED, and application File No. 0003746916 SHALL BE DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R.
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    • 11486 � 22. 10Id. at 11485 � 22. 11See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed Renewal Applications after the licenses expired, and dismissing the subject applications). 1247 C.F.R. � 1.949(a). 1347 C.F.R. � 1.955(a)(1). 1447 C.F.R. � 1.925(b)(3). 15Waiver Request at 1. 16SeeBiennial Regulatory Review -Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order,WT Docket No. 98-20, 13 FCC Rcd 21027, 21071 � 96 (1998). 11767 Ms.
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    • obtain a new regular authorization for this station, it may file a new, properly coordinated application. In view of the foregoing, we find that grant of Columbia's requested waiver is not in the public interest. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the requests for waiver of Section 1.949(a) of the Commission's Rules filed February 6, 2009 by Columbia Gas Transmission Company ARE DENIED, and application File Nos. 0003731336, 0003731337, 0003731339 SHALL BE DISMISSED. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R.
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    • 11486 � 22. 14Id. at 11485 � 22. 15See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed renewal applications after the licenses expired, and dismissing the subject applications). 1647 C.F.R. � 1.949(a). 1747 C.F.R. � 1.955(a)(1). 1847 C.F.R. � 1.925(b)(3). 11770 Mr. Roger Given We do not believe that Columbia has satisfied either waiverprong. An inadvertent failure to renew a license in a timely manner is not so unique and unusual in itself as to warrant a waiver of the Commission's Rules.19Further, each licensee is solely responsible for knowing the terms of its license and submitting a renewal application to
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of BALDWIN FIRE DISTRICT, NEW YORK Request For Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules, to Operate a Public Safety Communications System Using Television Channel 19 and Part 22 Trunked Mobile Frequencies ) ) ) ) ) ) ) ) ) ) File No. 0003023736 Order Adopted: September 14, 2009 Released: September 14, 2009 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The Baldwin Fire District, New
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    • System employs is exactly the same technology -- and in some instances the same system -- that has previously supported waiver grants. Mobilitie further supports its petition through its May 18, 2009 response to a request for additional information by the Wireless Telecommunications Bureau. We will consider both the Mobilitie and Flash waiver requests jointly in this Order. DISCUSSION Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
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    • Wireless Telecommunications Bureau (May 18, 2009) (Mobilitie Supplement). This additional information was provided in response to a request by the Wireless Telecommunications Bureau's Spectrum and Competition Policy Division. SeeE-mail from John Borkowski, Assistant Chief, Spectrum and Competition Policy Division, Wireless Telecommunications Bureau to Chanelle Perry, Davis Wright Tremaine LLP (May13, 2009). 11950 Federal Communications Commission DA-09-2072 III. DISCUSSION 5. Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: "(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
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    • antennas will cause system degradation that may necessitate a second simulcast site to attain the same system coverage.'' By contrast, Burleson states that the wider spacing enabled by use of the Business category channels in lieu of 482/485.5875 MHz ``reduces the system losses due to close spacing, significantly eliminates intermodulation products, and results in a cleaner operating system.'' DISCUSSION Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • to achieve compliance by, partitioning its New York DMA MVDDS license, partitioning may not be the best compliance option once it is determined how best to deploy MVDDS service in the New York area. For these reasons, DTVN requests an additional 360 days to achieve compliance with the cable/MVDDS cross-ownership limits with respect to the New York market. Discussion. Section 1.925(b)(3) of the Commission's rules permits us to grant a request for waiver if it is shown that: (i) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual
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    • to achieve compliance by, partitioning its New York DMA MVDDS license, partitioning may not be the best compliance option once it is determined how best to deploy MVDDS service in the New York area.26 For these reasons, DTVN requests an additional 360 days to achieve compliance with the cable/MVDDS cross-ownership limits with respect to the New York market.27 Discussion. Section 1.925(b)(3) of the Commission's rules permits us to grant a request for waiver if it is shown that: (i) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case,and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • Waiver Request for authority ``to operate a new public safety paging facility on [frequency] 476.2875 MHz'' allocated for Part 22 point-to-multipoint service. Morris County seeks waiver of Sections 20.9(a)(6), 22.621, 90.307 and 90.309 of the Commission's rules to use this frequency pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, Section 1.925 of the Communication's rules. By this Order, we grant the Waiver Request as discussed herein. BACKGROUND Morris County is located in northern New Jersey, on the western edge of the New York City metropolitan area. The County states that it is ``densely populated'' and, because of its growth, faces an ``ever-increasing demand on public services.'' The County further states that
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    • 80.373, and such other sections of Part 80 of the Commission's rules, as may be necessary, to use frequencies that are designated for maritime use under Part 80 for its public safety PLMR communications system under Part 90. Silverbow seeks relief under Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, under Section 1.925 of the Commission's rules. As part of the first application, Silverbow also seeks waiver under Section 1.925 of certain Part 90 power and antenna height limits for use of the four Part 90 VPC frequencies. By this Order, we deny Silverbow's requests for relief under Section 337(c) but grant the majority of Silverbow's alternative requests in part under Section 1.925,
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    • the Impact of Hurricane Katrina on Communications Networks, Order, EB Docket No. 06-119; WC Docket No. 06-63, 22 FCC Rcd 10541, 10576 � 111 (2007) (noting that the amateur radio community played an important role in the aftermath of Hurricane Katrina and other disasters). See 47 C.F.R. � 97.3(a)(4). See 47 C.F.R. � 97.113(a)(3) (emphasis added). See 47 C.F.R. � 1.925. See 47 C.F.R. � 97.403. See also Amendment of Part 97 of the Commission's Rules Governing the Amateur Radio Services, Report and Order, WT Docket No. 04-140, 21 FCC 11643, 11667 � 52 (2006) (clarifying that amateur radio operators who are emergency personnel may use their amateur radio stations while in paid duty status, but not addressing the prohibition against
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    • the Impact of Hurricane Katrina on Communications Networks, Order, EB Docket No. 06-119; WC Docket No. 06-63, 22 FCC Rcd 10541, 10576 � 111 (2007) (noting that the amateur radio community played an important role in the aftermath of Hurricane Katrina and other disasters). 2See 47 C.F.R. � 97.3(a)(4). 3See 47 C.F.R. � 97.113(a)(3) (emphasis added). 4See 47 C.F.R. � 1.925. 12872 with the immediate safety of human life and the immediate protection of property when normal communication systems are not available.5In those circumstances, rule waiver is not necessary. For further information regarding matters discussed in this Public Notice, contact William T. Cross of the Wireless Telecommunications Bureau, Mobility Division, at (202) 418-0680, William.Cross@fcc.gov. By the Chief, Wireless Telecommunications Bureau; Chief,
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    • of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. NCC has not attempted to demonstrate that it satisfies either of the specific bases for waiver established in the BRS/EBS R&O. We therefore consider NCC's request under the general waiver standard contained in Section 1.925 of the Commission's Rules. At the outset, we agree with the Joint Commenters that opt-out waiver requests should be closely scrutinized to determine what effect such waivers would have on the ability of nearby operators to provide service. None of the Joint Commenters, however, has alleged that it would be harmed if NCC is granted a waiver. The Joint Commenters
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    • circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative.44NCC has not attempted to demonstrate that it satisfies either of the specific bases for waiver established in the BRS/EBS R&O. We therefore consider NCC's request under the general waiver standard contained in Section 1.925 of the Commission's Rules.45 10.At the outset, we agree with the Joint Commenters that opt-out waiver requests should be closely scrutinized to determine what effect such waivers would have on the ability of nearby operators to provide service. None of the Joint Commenters, however, has alleged that it would be harmed if NCC is granted a waiver. The Joint Commenters
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    • a period of time ranging from 90 days up to one year or more. Northstar has stated in an October 2009 amendment that the previously operational base stations have not been operated for at least two years. Therefore, absent grant of a waiver of the permanent discontinuance rule, these licenses cancelled automatically. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes: 1) that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • Rule had beengranted. 2347 C.F.R. � 1.955(a)(3). See also47 C.F.R. � 1.901. 24See, e.g., 47 C.F.R. �� 22.317 (90 days), 90.157(a) (one year). 25SeeAssignment Application, Amendment filed Oct. 20, 2009. 13478 Federal Communications Commission DA 09-2359 Therefore, absent grant of a waiver of the permanent discontinuance rule, these licenses cancelled automatically.26 7. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes: 1) that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
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    • part must be in operation within 18 months from the initial date of grant.''). See File No. 0003281190 (granted Feb. 6, 2008). Construct/Coverage Reminder, Ref. No. 4860292 (May 5, 2009). Petition. 47 C.F.R. � 1.946(c). 47 C.F.R. � 1.946(e). We interpret the Petition's request for a waiver of Section 1.946(d) as a request for such a waiver. 47 C.F.R. � 1.925(b)(3). WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969). 46 C.F.R. �1.946(e)(2). Nathan Sherman Enterprises, Inc., Lubbock SMR, Inc., S&C Investments, Inc., Triangle Communications, Inc., Mobilecom One, L.L.C., Hawaiian Wireless, Inc., HBS Communications, Inc., SRI, Inc. and Spectrum Resources of the Northeast, Inc., Order, 16 FCC Rcd 11150 (2001) ( ``As a general matter, allowing the filing of
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    • and Sections 1.946 and 101.63 of the Commission's Rules, 47 C.F.R. �� 1.946, 101.63, the petition for reconsideration and waiver request filed by Rocky Mountain Public Broadcasting Network, Inc. on October 9, 2009 IS DENIED. 747 C.F.R. � 1.946(e). 8We interpret the Petition's request for a waiver of Section 1.946(d) as a request for such a waiver. 947 C.F.R. � 1.925(b)(3). 10WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969). 1146 C.F.R. �1.946(e)(2). 12Nathan Sherman Enterprises, Inc., Lubbock SMR, Inc., S&C Investments, Inc., Triangle Communications, Inc., Mobilecom One, L.L.C., Hawaiian Wireless, Inc., HBS Communications, Inc., SRI, Inc. and Spectrum Resources of the Northeast, Inc., Order, 16 FCC Rcd 11150 (2001) ( "As a general matter, allowing the filing of
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    • may file a new, properly coordinated application. If the Board needs to continue operating the facilities in the meantime, it can seek special temporary authority (STA) pursuant to Section 1.931 of the Commission's Rules. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by the State of Oregon acting by and through the Oregon State Board of Higher Education for the benefit of Southern Oregon University on August 24, 2009, IS DENIED, and application File No. 0003946374 SHALL BE
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    • 11486 � 22. 14Id. at 11485 � 22. 15See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed Renewal Applications after the licenses expired, and dismissing the subject applications). 1647 C.F.R. � 1.949(a). 1747 C.F.R. � 1.955(a)(1). 1847 C.F.R. � 1.925(b)(3). 19Waiver Request. 13507 Mr. Ronald H Kramer Education did originally file a timely renewal application, but it failed to respond to the First Return Notice. The First Return Notice clearly stated that the First Renewal Application would be dismissed if a response was not received within 60 days.20We find that the Board of Higher Education's failure to explain why it
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    • attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands bidding credit waiver requests, see Section IV, ``Exhibit X: Tribal Lands Bidding Credit Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
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    • Otherwise, the attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands bidding credit waiver requests,see Section IV, "Exhibit X: Tribal Lands Bidding Credit Waiver Requests." In the event an applicant wishes to file a request for waiver of a Commission rule, see47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type "Waiver" and enter "Exhibit F: Waiver Requests" in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
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    • 22.623(b) and 22.651 of the Commission's rules to operate a new public safety communications system using frequencies 476.0625 and 473.1250 MHz in the television (TV) Channels 14 and 15 bands (470-512 MHz). The Fire District seeks waiver relief either pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, pursuant to Section 1.925 of the Commission's rules. The Fire District states that it ``is part of a combined water and fire district'' which ``comprises one square mile in Nassau County, New York.'' The Fire District asserts that ``the paid staff of the Water District supplies water to both commercial and residential locations in the District'' and ``maintains the infrastructure necessary to provide water
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    • during the first year following equipment approval, and 10,000 during the second year. It also proposes coordinating applications for use within specified distances of particular sites like radio astronomy telescopes, if necessary. CyTerra asserts that these conditions, coupled with the EMMDAR's technical and operational characteristics, make it unlikely that the device will cause interference to other users. III. DISCUSSION Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • to 5,000 during the first year following equipment approval, and 10,000 during the second year.18Italso proposes coordinating applications for use within specified distances of particular sites like radio astronomy telescopes, if necessary.19CyTerra asserts that these conditions, coupled with the EMMDAR's technical and operational characteristics, make it unlikely that the device will cause interference to other users.20 III. DISCUSSION 7. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver wouldbe in the public interest; or (b) in light of unique or unusual circumstances, application of the
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    • least 2 mV/m.'' Thus, according to the County, a waiver ``would allow the County to install three transmitters at sites that are readily accessible and that provide a reliable system with minimal transmission gaps between sites, without causing interference to commercial AM or TIS stations.'' In connection with this application, the County requests waiver of Section 90.242(b)(4)(iv) pursuant to Section 1.925 of the Commission's rules. Section 90.242(b)(4)(iv) specifies that the field strength of TIS stations may not exceed 2 mV/m when measured with a standard field strength meter at a distance of 1.50 kilometers (0.93 miles) from the transmitting antenna system. Because the County's testing indicates that ``the 2 mV/m contour will extend approximately 3 km from each transmitter sites [sic],''
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    • capability. DEB also states that it sought 23 GHz frequencies, but that their path length would be problematic and that a time-consuming Department of Defense EMC review would be required. In addition to using the proposed facilities to transmit program material to the transmitter site, DEB intends to use the proposed facilities for a variety of other purposes. DISCUSSION Section 1.925(b)(3) of the Commission's Rules requires parties seeking a waiver to demonstrate that: (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the instant
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    • also states that it sought 23 GHz frequencies, but that their path length would be problematic and that a time- consuming Department of Defense EMC review would be required.15In addition to using the proposed facilities to transmit program material to the transmitter site, DEB intends to use the proposed facilities for a variety of other purposes.16 III. DISCUSSION 4. Section 1.925(b)(3) of the Commission's Rules requires parties seeking a waiver to demonstrate that: (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the instant
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    • 7, 2010 The Public Safety and Homeland Security Bureau seeks comment on the above-captioned applications and waiver request, as amended, initially filed on January 21, 2009, by the County of Monmouth, New Jersey (Monmouth, or the County). Monmouth seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, Section 1.925 of the Commission's rules, to use, for public safety communications purposes, ten frequency pairs in the television (TV) Channel 19 band (500-506 MHz) for a trunked public safety communications system. Monmouth is currently authorized on eight frequency pairs in the TV Channel 20 band (506-512 MHz) under call sign WQGU308. The County's leadership ``conducted a comprehensive review of current communications
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    • land stations (including J3E). The TMR8092 supports many additional modulation types. You indicate that the commercial aircraft manufacturer does not intend to use these non-Part 87 frequencies and modulation types, but modification of the firmware to block these frequencies and modulation types would be prohibitively expensive. Consequently, Thales seeks a waiver to permit FCC equipment authorization for the TMR8092. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • Request at 1. 7See47 C.F.R.�87.131. Specifically, H2B, J3E, J7D, and J9W. 8See Request at 1-2. 14399 KimCarroll manufacturer does not intend to use these non-Part 87 frequencies and modulation types, but modification of the firmware to block these frequencies and modulation types would be prohibitively expensive.9 Consequently, Thales seeks a waiver to permit FCC equipment authorization for the TMR8092. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • rely on the grant of this waiver to delay meeting its rebanding obligations. conclusion For the reasons stated herein, we grant the Waiver Request with respect to Ohio's 800 MHz public safety channels. Ordering Clauses IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.925, 90.179(a) and 90.523 of the Commission's rules, 47 C.F.R. �� 1.925, 90.179(a), 90.523, the Waiver Request by the State of Ohio and the Ohio Rural Electric Cooperatives, Inc. is GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191 and 0.392. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Beers Chief,
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    • the Waiver Request subject to the requirement that New Haven file a new modification application to delete the wideband emission designator 16K0F3E or 20K0F3E on frequency 155.8800 MHz within one year of release of this Order. ordering clauses Accordingly, IT IS ORDERED pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the waiver request of Section 90.175 of the Commission's rules, 47 C.F.R. � 90.175, associated with File No. 0002937722, filed by the Town of New Haven, Vermont, on March 6, 2007, is GRANTED. IT IS FURTHER ORDERED that, the Town New Haven, Vermont shall file a new modification application to delete
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    • use of the PRB/VRB. Edelweiss proposes to warn users on the PRB/VRB itself, on the retail packaging, and in the user manual, that the device is not a substitute for GMDSS-approved equipment, and does not offer the same coverage. On July 2, 2008, we sought comment on Edelweiss's waiver request. We received one comment, which supports Edelweiss's request. Discussion. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • 1.948(j)(1)(iii), 47 C.F.R. � 1.948(j)(1)(iii), which provides a 14-day period for filing petitions to deny against assignment applications. We therefore evaluate whether Utopian has justified a waiver of Section 1.948(j)(1)(iii). Motion to Accept Petition to Deny at 1 n.1. Utopian filed its petition more than six months after the public notice accepting the assignment application for filing. 47 C.F.R. � 1.925(b)(3). See 47 C.F.R. � 1.948(j)(1)(iv). See 47 C.F.R. � 1.948(j)(1)(v). See 47 C.F.R. � 1.948(j)(1)(iii). Motion to Accept Petition to Deny at 2. Utopian asserts that this new information was discovered in a deposition taken of Ms. Lee Bonamico, an officer in Sanguinetti Investment Corporation in a matter unrelated to the assignment of the BRS stations and Station WMH308. Id.
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    • addition, for the reasons stated above, we grant WTCI a limited waiver of the full payment provision of Section 1.2111(c) of the Commission's Rules, as described herein. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to authority granted in Sections 4(i), 309(j), and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(j), 310(d), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the requests for waiver of Section 1.2111(c) of the Commission's Rules, 47 C.F.R. � 1.2111(c), contained in the applications seeking approval for the assignment of certain Broadband Radio Service licenses from Wireless Telecommunications, Inc., Debtor-in-Possession to Vermont Telephone Company, Inc. and Clearwire Spectrum Holdings, LLC (File Nos. 0003654164 and 0003654174 respectively)
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    • limit will not frustrate the underlying purposes of the rule. We also conclude that a waiver grant is in the public interest, because it will improve the operation of Cherokee's water distribution and wastewater collection systems. Ordering Clauses. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Town of Cherokee, North Carolina with respect to application FCC File Number 0003129824 IS GRANTED, and application FCC File No. 0003129824 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. IT IS FURTHER ORDERED that the informal objection filed by AMTS Consortium, LLC
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    • would frustrate the underlying purpose of the rule. Nor does Brubaker explain why the targeted area cannot be served by means other than the proposed facility, such as by using a different frequency band. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Waiver filed on August 31, 2007 by Brubaker Inc. IS DENIED, and application FCC File No. 0003159873 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. ��
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    • to have little potential for interference to other users, or to preclude reuse of the frequencies. We also conclude that a waiver will serve the public interest, by contributing to the safety and well-being of all mine personnel. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Vulcan Materials Company filed on February 18, 2008 IS GRANTED and application FCC File No. 0003328258 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47
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    • Commission may decide to take and strongly advise Leap and its subsidiaries to adopt administrative and management procedures that will ensure strict compliance with the Commission's rules, including the deadlines and procedures for filing renewal applications. We therefore grant, pursuant to Sections 4(i) and 303(r) of the Communications Act, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the Waiver Request filed on June 13, 2007, by Cricket Licensee (Reauction), Inc. FEDERAL COMMUNICATIONS COMMISSION Katherine M. Harris Deputy Chief, Mobility Division Wireless Telecommunications Bureau Cricket Reauction is wholly owned by Cricket Communications, Inc., which is wholly owned by Leap Wireless International, Inc. FCC Form 602, File No.0003321305, filed by
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    • as if regularly done. Waiver Requests Required for Late-Filed Renewal Applications in Most Wireless Services, Public Notice, 18 FCC Rcd 16703 (WTB 2003) (``Waiver Request Public Notice''); ULS Order, 14 FCC Rcd at 11485-86 � 22. Id. Id. Waiver Request Public Notice, 18 FCC Rcd 16703; see also ULS Order, 14 FCC Rcd at 11485-86 � 22. 47 C.F.R. � 1.925(b)(3). Applications of Monroe County and Request for Waiver to Operate Microwave Public Safety Pool Stations WNTX 234, et al., Rochester, New York, Order on Reconsideration, 16 FCC Rcd 16447, 16449 � 7 (PSPWD WTB 2001) (``Monroe County'') (granting waiver and renewal of late filed renewal applications where licensee filed 33 days late, but had history of compliance with Commission rules,
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    • York (``Westchester'' or ``the County''). Westchester seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. � 337(c), to use, for public safety communications purposes, two frequencies interleaved between the allocations in Part 22 and Part 90 of the Commission's rules. In the alternative, Westchester requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Specifically, the County requests frequencies 476.3000 and 479.3000 MHz. The County currently operates on several frequency pairs from the Part 22 spectrum allocation in the 470-512 MHz band under call sign WQBR539. The Wireless Telecommunications Bureau authorized use of Westchester's current channels by waivers granted in 2004 and 2005 pursuant to Section
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    • State of Wisconsin (Wisconsin). Wisconsin seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. � 337(c), to use unassigned Part 22 Paging and Radiotelephone Channel Block FL in a portion of Basic Economic Area (BEA) 109 for public safety communications. In the alternative, Wisconsin requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Section 20.9(a)(6) states that Part 22 Paging and Radiotelephone Services shall be treated as commercial radio services. Because the Commission has not designated Part 22 Channel Block FL for public safety use, Wisconsin requests waiver of Section 20.9(a)(6). In addition, to the extent Wisconsin seeks to use the frequencies ``only for internal,
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    • 1.946(c) of the Commission's Rules and reinstating CET's authorization will further the Commission's goal of abating unacceptable interference to 800 MHz public safety systems in a way that imposes minimal disruption on licensees. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, that the waiver request and the petition for reconsideration filed October 1, 2008 and supplemented October 17, 2008 by Community Educational Television, Inc. IS GRANTED, and the license for Station WLF427 IS RETURNED to active status. IT IS FURTHER ORDERED, pursuant to pursuant to Section 4(i) of the Communications Act of
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    • Commission's Rules and reinstating Gulf's authorization to active status will further the Commission's goal of abating unacceptable interference to 800 MHz public safety systems in a way that imposes minimal disruption on licensees. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, that the waiver request and the petition for reconsideration filed September 17, 2008 by Gulf-California Broadcast Co. IS GRANTED, and the license for Station WPWD239, Path 2 IS RETURNED to active status. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �
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    • Public Notice, Report No. 4563 (rel. Dec. 3, 2008) at 2. See also 47 C.F.R. � 101.63(a) (``Each Station . . . authorized under this part must be in operation within 18 months from the initial date of grant.''). Construct/Coverage Reminder, Ref. No. 4768313 (July 29, 2008). Request. Id. 47 C.F.R. � 1.946(c). 47 C.F.R. � 1.946(e). 47 C.F.R. � 1.925(b)(3). WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C.Cir. 1969). See, e.g., http://en.wikipedia.org/wiki/2007_California_fires (viewed Dec. 24, 2008). See http://inciweb.org/incident/1005/ (viewed Dec. 24, 2008). Nathan Sherman Enterprises, Inc., Lubbock SMR, Inc., S&C Investments, Inc., Triangle Communications, Inc., Mobilecom One, L.L.C., Hawaiian Wireless, Inc., HBS Communications, Inc., SRI, Inc. and Spectrum Resources of the Northeast, Inc., Order, 16 FCC Rcd 11150 (2001)
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    • for Waiver and Extension of the 800 MHz Construction Requirements filed by Northwest Airlines, Inc. is granted to the extent outlined above for the two frequencies (861.1125 MHz and 862.1125 MHz) associated with call sign WPYD855. This action is taken under delegated authority pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 0.331, 1.925, and 90.631 of the Commission's rules. Sincerely, Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau Northwest indicates that it requests a waiver of section 90.629 of the Commission's rules. However, section 90.629 pertains to extended implementation. We note that Northwest was not granted extended implementation and therefore conclude its request for waiver pertains to section 90.631, which involves
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    • Rico operations, convert them to LPRS LETS frequencies, or enter into a satisfactory arrangement with the AMTS geographic licensee. Failure to do so will result in unauthorized operations, and will subject STS to enforcement action. Therefore, IT IS ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the Request for Extension of Time filed by Spectrum Tracking Systems, Inc., IS DENIED to the extent set forth above. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Communication's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division
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    • communications purposes, twelve frequency pairs from the UHF Television (TV) Channel 15 band (476-482 MHz). The applications seek to modify Ocean County's licenses for public safety Stations WIL552 and WPXC650, which are authorized on frequencies in the TV Channel 20 band (506-512 MHz). In the alternative to Section 337(c) of the Act, Ocean County requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Ocean County states that since it placed Stations WIL552 and WPXC650 in service, ``it has received harmful interference from [TV Channel 20] station WTXX-TV in Waterbury, Connecticut.'' The County states that it ``has also experienced more severe interference from [digital TV (DTV) Channel 20] station WCVB-DTV in Boston, Massachusetts.'' The County states,
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    • request filed on June 6, 2007 by the Wayne County Sheriff's Department, Indiana (``the Department''). The Department requests waiver relief to use frequency 173.210 MHz, which has a bandwidth limit of 3 kHz and is not available for analog voice operations. Although the Department does not cite the Commission's waiver criteria, we will consider its waiver request pursuant to Section 1.925(b)(3) of the Commission's rules, 47 C.F.R. � 1.925(b)(3). The Department seeks to use the desired frequency ``with [a wideband] emission designator of 20K0F3E to allow the operation of a vehicular repeater which must interface and be compatible with existing VHF high band fixed and mobile radios which operate with that emission.'' It states that ``[i]f a narrowband emission is used
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    • Dismiss and for Sanctions and Supplement to Motion to Dismiss and for Sanctions, Supplement to Petition to Deny, and Request to Accept Supplement filed by the same parties on April 15 and May 31, 2008, respectively, ARE DISMISSED. IT IS FURTHER ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925(b)(3) and 90.259(a) of the Commission's Rules, 47 C.F.R. �� 1.925(b)(3), 90.259(a), that the waiver request filed by CGG Veritas Land, Inc. on February 4, 2008 in association with FCC File No. 0003313571 IS GRANTED, and the application SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to Sections 0.131
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    • (denying request to limit secondary telemetry to the 218-219 MHz portion of the 217-220 MHz band); see also Exelon Generation Company, LLC, Order, 19 FCC Rcd 18078, 18081 � 6 (WTBPSCID 2004) (denying request to afford primary status to telemetry operations on AMTS frequencies, but noting that frequencies would continue to be available on a secondary basis). 2247 C.F.R. � 1.925(b)(3). 23See 27 MHz Service Rules Report and Order, 17FCC Rcd at 10034-35 � 141. 4643 Federal Communications Commission DA 09-848 proposed higher power.24Thus, Veritas contends, the proposed SERCEL transmitters operating at full power do not present a heightened risk of interference to other users because their light spectral footprint restricts propagation.25Based on the record before us, we conclude that the
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    • process. We therefore deny the waiver request. MRA can reapply for the channel at San Juan Capistrano on the same basis as any other prospective applicant after the spectrum becomes available for assignment consistent with our rules. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver associated with application FCC File No. 0003460698 filed by Mobile Relay Associates on June 3, 2008 IS DENIED. IT IS FURTHER ORDERED that application FCC File No. 0003460698 SHALL BE DISMISSED with respect to locations 2, 5, and 6; and otherwise PROCESSED in accordance with the Commission's Rules.
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    • assignment process. We therefore deny the waiver request.9MRA can reapply for the channel at San Juan Capistrano on the same basis as any other prospective applicant after the spectrum becomes available for assignment consistent with our rules. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver associated with application FCC File No. 0003460698 filed by Mobile Relay Associates on June 3, 2008 IS DENIED. 6. ITIS FURTHER ORDERED that application FCC File No. 0003460698 SHALL BE DISMISSED with respect to locations 2, 5, and 6; and otherwise PROCESSED in accordance with the Commission's Rules.
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    • face of such a showing, we find that the Bureau properly waived these rules, and explained its rationale for doing so. CONCLUSION AND ORDERING CLAUSES For the reasons discussed above, we conclude that Libmot's Petition does not comply with Section 1.106(b)(1) or 1.106(c) of the Commission's Rules. We further find that the Bureau properly applied the waiver standard in Section 1.925(b)(3) of the Commission's Rules. Accordingly, we dismiss Libmot's and Clearwire's Petitions. Accordingly, IT IS ORDERED, pursuant to Section 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405 and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, that the petitions for reconsideration filed by Libmot Communications Partnership and Clearwire Corporation on June
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    • such a showing, we find that the Bureau properly waived these rules, and explained its rationale for doing so. IV. CONCLUSION AND ORDERING CLAUSES 14. For the reasons discussed above, we conclude that Libmot's Petition does not comply with Section 1.106(b)(1) or 1.106(c) of the Commission's Rules. We further find that the Bureau properly applied the waiver standard in Section 1.925(b)(3) of the Commission's Rules. Accordingly, we dismiss Libmot's and Clearwire's Petitions. 15. Accordingly, IT IS ORDERED, pursuant to Section 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, that the petitions for reconsideration filed by Libmot Communications Partnership and Clearwire Corporation on June
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    • claims that it provides MVPD service to nine percent of the households within its geographic service area, it fails to provide any information to verify that claim. Accordingly, C&W has failed to show that it exceeds the minimum five percent benchmark of the BRS/EBS R&O noted above. We therefore consider C&W's request under the general waiver standard contained in Section 1.925 of the Commission's Rules. At the outset, we agree with the Joint Commenters that opt-out waiver requests should be closely scrutinized to determine what effect such waivers would have on the ability of nearby operators to provide service. None of the Joint Commenters, however, has alleged that it would be harmed if C&W is granted a waiver. The Joint Commenters,
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    • While C&W claims that it provides MVPD service to nine percent of the households within its geographic service area,42it fails to provide any information to verify that claim. Accordingly, C&W has failed to show that it exceeds the minimum five percent benchmark of the BRS/EBS R&Onoted above. We therefore consider C&W's request under the general waiver standard contained in Section 1.925 of the Commission's Rules.43 11. At the outset, we agree with the Joint Commenters that opt-out waiver requests should be closely scrutinized to determine what effect such waivers would have on the ability of nearby operators to provide service. None of the Joint Commenters, however, has alleged that it would be harmed if C&W is granted a waiver.The Joint Commenters,
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    • MVPD service. Accordingly, we cannot find that CTC qualifies for a waiver on this basis. CTC also has not shown that it needs more than seven digitized channels. CTC concedes that digitizing the MBS would likely afford CTC sufficient channel capacity to accommodate its existing video systems. We therefore consider CTC's request under the general waiver standard contained in Section 1.925 of the Commission's Rules. CTC has shown that, in view of its unusual circumstances, requiring it to transition to the new band plan and technical rules would be inequitable, unduly burdensome, and contrary to the public interest. Initially, we conclude that CTC has made an adequate showing that it has a viable business. CTC has invested almost $2 million and
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    • fail to provide CTC with the certainty it needs to conduct its operations. 76Id. 77Id.at 1. 78BRS/EBS R&O, 19 FCC Rcd at 14199 � 77. 79BRS/EBS R&O, 19 FCC Rcd at14199 � 77. This calculation is made in accordance with the requirements of 47 C.F.R. � 76.905(c). 80Id. 81Id. 82Id. 83Id., 19 FCC Rcdat 14199-14200 � 77, 47 C.F.R. � 1.925(b)(3). 4723 Federal Communications Commission DA 09-866 Thus, we deny all requests to limit any waiver granted to CTC toDecember 31, 2008, and proceed with an individual analysis of the merits of CTC's Waiver Request. 18. CTC has not demonstrated that it satisfies either of the specific bases for waiver established in the BRS/EBS R&O. CTC is the licensee or lessee
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    • of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. DCTC has not attempted to demonstrate that it satisfies either of the specific bases for waiver established in the BRS/EBS R&O. We therefore consider DCTC's request under the general waiver standard contained in Section 1.925 of the Commission's Rules. At the outset, we agree with the Joint Commenters that opt-out waiver requests should be closely scrutinized to determine what effect such waivers would have on the ability of nearby operators to provide service. With the exception of Clearwire, however, none of the Joint Commenters has alleged that it would be harmed if DCTC is granted
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    • 3. 72See STA Request at3-8. 73See47 C.F.R. � 27.1201(a). 74BRS/EBS R&O, 19 FCC Rcd at 14199 � 77. 75BRS/EBS R&O, 19 FCC Rcd at 14199 � 77. This calculation is made in accordance with the requirements of 47 C.F.R. � 76.905(c). 76BRS/EBS R&O, 19 FCC Rcd at 14199 � 77. 77Id. 78Id. 79Id. at 14199-14200 � 77; 47 C.F.R. � 1.925(b)(3). 4738 Federal Communications Commission DA 09-867 BRS/EBS R&O. We therefore consider DCTC's request under the general waiver standard contained in Section 1.925 of the Commission's Rules.80 18.At the outset, we agree with the Joint Commenters that opt-out waiver requests should be closely scrutinized to determine what effect such waivers would have on the ability of nearby operators to provide service.
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    • of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. United has not attempted to demonstrate that it satisfies either of the specific bases for waiver established in the BRS/EBS R&O. We therefore consider United's request under the general waiver standard contained in Section 1.925 of the Commission's Rules. At the outset, we agree with the Joint Commenters that opt-out waiver requests should be closely scrutinized to determine what effect such waivers would have on the ability of nearby operators to provide service. None of the Joint Commenters, however, has alleged that it would be harmed if United is granted a waiver. The Joint Commenters,
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    • circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative.45United has not attempted to demonstrate that it satisfies either of the specific bases for waiver established in the BRS/EBS R&O. We therefore consider United's request under the general waiver standard contained in Section 1.925 of the Commission's Rules.46 10. At the outset, we agree with the Joint Commenters that opt-out waiver requests should be closely scrutinized to determine what effect such waivers would have on the ability of nearby operators to provide service. None of the Joint Commenters, however, has alleged that it would be harmed if United is granted a waiver. The Joint
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    • VSP's licenses will terminate automatically as of the construction deadline if VSP fails to meet the requirements of section 22.503(k)(2), unless the Commission grants an extension or waives the construction requirements. The construction deadline for eleven licenses was June 21, 2007 and the construction deadline for nine licenses was January 8, 2009. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) unique or unusual factual circumstances exist, such that application of the rule would be inequitable, unduly
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    • Commission's rules, VSP's licenses will terminate automatically as of the construction deadline if VSP fails to meet the requirements of section 22.503(k)(2),3unless the Commission grants an extension or waives the construction requirements.4The construction deadline for eleven licenses was June 21, 2007 and the construction deadline for nine licenses was January 8, 2009. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) unique or unusual factual circumstances exist, such that application of the rule would be inequitable, unduly
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    • 1.2108 of the Commission's Rules, 47 C.F.R. �� 1.939, 1.2108, the Petition to Deny application File No. 0003098334 filed by Warren C. Havens, AMTS Consortium LLC, and Telesaurus-VPC LLC on August 10, 2007, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.3 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.3, 1.925, the Request for Leave to File Unauthorized Response filed by Cornerstone SMR, Inc. on August 31, 2007, IS GRANTED. IT IS FURTHER ORDERED that Cornerstone SMR, Inc. SHALL AMEND application FCC File No. 0003098334 within thirty days of the release date of this Order to reflect the additional gross revenues discussed
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    • 1.2108 of the Commission's Rules, 47 C.F.R. �� 1.939, 1.2108, the Petition to Deny application File No. 0003098334 filed by Warren C. Havens, AMTS Consortium LLC, and Telesaurus-VPC LLC on August 10, 2007, IS DENIED. 18. ITIS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.3 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.3, 1.925, the Request for Leave to File Unauthorized Response filed by Cornerstone SMR, Inc. on August31, 2007, IS GRANTED. 19. ITIS FURTHER ORDERED that Cornerstone SMR, Inc. SHALL AMEND application FCC File No. 0003098334 within thirty days of the release date of this Orderto reflect the additional gross revenues discussed in paragraphs
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    • satisfies either of the specific bases for waiver established in the BRS/EBS R&O. Contrary to Clearwire's arguments, however, Oklahoma Western's failure to satisfy those criteria does not automatically render it ineligible to receive an opt-out waiver. As we have done with prior requests for opt-out waivers, we will consider Oklahoma Western's request under the general waiver standard contained in Section 1.925 of the Commission's Rules. Initially, we reject Clearwire's suggestion that Oklahoma Western's licenses be moved to the MBS. As Oklahoma Western has pointed out, most of the vacant MBS channels are allotted to EBS. The primary purpose of EBS is ``to further the educational mission of accredited public and private schools, colleges and universities providing a formal educational and cultural
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    • it satisfies either of the specific bases for waiver established in the BRS/EBS R&O. Contrary to Clearwire's arguments, however, Oklahoma Western's failure to satisfy those criteria does not automatically render it ineligible to receive an opt-out waiver. As we have done with prior requests for opt-out waivers,60we will consider Oklahoma Western's request under the general waiver standard contained in Section 1.925 of the Commission's Rules.61 15. Initially, we reject Clearwire's suggestion that Oklahoma Western's licenses be moved to the MBS. As Oklahoma Western has pointed out, most of the vacant MBS channels are allotted to EBS. The primary purpose of EBS is "to further the educational mission of accredited public and private schools, colleges and universities providing a formal educational and
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    • Security Bureau: introduction The County of Monmouth, New Jersey (Monmouth or the County), filed two applications and a request for waiver to use ten frequency pairs in the television (TV) Channel 19 band (500-506 MHz) for public safety communications. Monmouth seeks a waiver pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or, alternatively, Section 1.925 of the Commission's rules. As further detailed below, we find that Monmouth has failed to meet the criteria for a waiver pursuant to Section 337(c) of the Act. We nonetheless find that Monmouth has satisfied the requisite showing to warrant a waiver pursuant to Section 1.925 of the rules. Accordingly, we grant Monmouth's waiver request subject to the conditions specified
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    • authorized under call sign WQJA236. On June 19, 2008, the Bureau granted Wyoming a waiver authorizing it to use, for public safety purposes, eleven VHF frequency pairs allocated for Part 22 one-way or two-way public land mobile service. Wyoming seeks a waiver for the instant modification pursuant to Section 337(c) of the Act, or in the alternative, Sections 1.3 and 1.925 of the Commission's rules. Station WQJA236 permits operation on eleven Part 22 public mobile service frequency pairs at twelve repeater sites (and associated mobile units) ``spread over Basic Economic Area (BEA) Nos. 143, 144, and 152.'' During the course of construction of Station WQJA236, Wyoming ``determined that it will need a limited number of additional sites to ensure that the
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    • and will in fact promote the rapid, flexible deployment of MVDDS services in furtherance of the public interest. On September 1, 2009, DIRECTV opposed the Superseding Waiver Request arguing, among other things, that the revisions to the proposed EIRP power limits submitted by MDS Operations in the Superseding Waiver Request will not sufficiently protect DBS subscribers. Discussion Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of the unique or
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    • and will in fact promote the rapid, flexible deployment of MVDDS services in furtherance of the public interest.39 9.On September 1, 2009, DIRECTV opposed the Superseding Waiver Request arguing, among other things, that the revisions to the proposed EIRP power limits submitted by MDS Operations in the Superseding Waiver Request will not sufficiently protect DBSsubscribers.40 III. DISCUSSION 10.Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of the unique or
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    • twelve repeater sites (and associated mobile units) in Basic Economic Area (BEA) Nos. 143. 144, and 152). See Auction of Lower and Upper Paging Bands Licenses Rescheduled for June 15, 2010; Status of Short-Form Applications to Participate in Auction 87, AU Docket No. 09-205, Public Notice, 25 FCC Rcd 3522 (WTB 2010). See 47 C.F.R. �� 0.191(f), 0.392, 1.1, and 1.925(c)(i). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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    • either shows a material error or omission in the original order or raises additional facts not known or existing until after the petitioner's last opportunity to present such matters. See, e.g., MetroPCS Communications, Inc., Order on Reconsideration, 25 FCC Rcd 2209, 2213-14 � 13 (2010). The Division Order reviewed Silver Palm's 2004 Petition under the waiver standard found in section 1.925 of the Commission's rules and found that Silver Palm had failed to meet that standard. Division Order, 22 FCC Rcd at 3346 � 8. Reconsideration Petition at 8-9. Id. See Alpine PCS, Inc., CommNet Communications Network, Inc., GLH Communications, Inc., Inforum Communications, Inc., Lancaster Communications, Inc., Allen Leeds, TV Communications Network, Inc., Virginia Communications, Inc., Memorandum Opinion and Order, 25
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    • petitioner either shows a material error or omission in the original order or raises additional facts not known or existing until after the petitioner's last opportunity to present such matters. See, e.g.,MetroPCS Communications, Inc., Order on Reconsideration, 25 FCC Rcd 2209, 2213-14 � 13 (2010). The Division Order reviewed Silver Palm's 2004 Petition under the waiver standard found in section 1.925 of the Commission's rules and found that Silver Palm had failed to meet that standard. Division Order, 22 FCC Rcd at 3346 � 8. 31Reconsideration Petition at 8-9. 8044 Federal Communications Commission DA 10-1125 Palm at the time of the September 30, 2002 payment deadline.32We find that transfer of control to the Foundation provides no grounds for waiving the final
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of COUNTY OF FRANKLIN, PENNSYLVANIA Request For Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules, to Operate a County-Wide Simulcast Public Safety Radio System Using Frequencies in the Television Channel 18 (494-500 MHz) Band ) ) ) ) ) ) ) ) ) ) File Nos. 0003388020, 0003390336 Order Adopted: June 24, 2010 Released: June 24, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The County
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    • network. Because our decision is based on the specific application before us, however, we will require separate waivers for other utilities seeking to use 800 MHz public safety spectrum in the DTRS network. Ordering Clauses IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.925 and 90.179(a) of the Commission's rules, 47 C.F.R. �� 1.925, 90.179(a), the Waiver Request by the State of Colorado and Holy Cross Electric Association, Inc. IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191 and 0.392. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Beers Chief, Policy Division Public
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    • of Sections 20.9(a)(6), 22.621 and 22.651 of the Commission's Rules ) ) ) ) ) ) File No. 0003734540 ORDER Adopted: June 25, 2010 Released: June 25, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction The City of Summit, New Jersey (Summit) filed an application with an associated Waiver Request for authority pursuant to Section 1.925 of the Commission's rules, to use, for public safety communications purposes, two frequencies designated for different uses under Part 22 of the Commission's rules. Specifically, Summit, which currently is authorized to operate on four Part 22 frequency pairs, 476/479.0375, 476/479.1375, 476/479.1875 and 476/479.2125 MHz, requests authorization to add frequency 476.1625 MHz, which is designated for point-to multipoint use, and 479.1625
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    • operates on several frequency pairs within frequency ranges designated for use in the Part 22 Paging and Radiotelephone Service in the 470-512 MHz band. Although Westchester seeks no new frequencies in this application, Westchester proposes to increase transmitter power and base station antenna heights and adjust certain base station coordinates. In the alternative, Westchester requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. The Wireless Telecommunications Bureau authorized use of Westchester's current channels under call sign WQBR539 by waivers granted in 2004 and 2005 pursuant to Section 337(c) of the Act. Westchester states that the previous waiver requests ``documented the severe frequency congestion in the New York and New Jersey areas.'' According to the instant
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    • to stagnate further if the Waiver Request is denied. In contrast, they argue, with grant of the Waiver Request, they will develop a ``modern[ ] nationwide Air-Ground network to service passengers in the growing general (private) aviation industry'' at competitive prices and ensure ``ubiquitous coverage throughout the United States.'' Thus, they claim, their proposal serves the public interest. DISCUSSION Section 1.925 of the Commission's rules states in pertinent part that the Commission may grant a waiver when either (i) ``[t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and . . . grant of the requested waiver would be in the public interest,'' or (ii) ``[i]n view of unique or
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    • Telecommunications Bureau ("Bureau") released a Public Notice inviting comment on Petitioners' Waiver Request. See Comment Cycle Established for Joint Request by Stratophone, LLC and Skytel Spectrum, LLC for Waiver of Certain Air-To-Ground Radiotelephone Automated Service Licensing Rules for General (Private/Non-Commercial) Aviation, Public Notice, WT Docket No. 09-44, 24 FCC Rcd 3651 (WTB 2009) ("Public Notice"). See also 47 C.F.R. � 1.925(c)(i). Two parties separately submitted one-page letters in support on the petition. See Letter from Dana B. Fisher to Nina Shafran, dated May 12, 2009; and Letter from David L. Davidson, Vice President, Corporate Jet Partners, to Marlene Dortch, Secretary, FCC, dated May 20, 2009 Although both letters were posted after the reply comment period, we will consider them as ex
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    • Government Transfer Bands, Notice of Proposed Rule Making, ET Docket No. 00-221, 15 FCC Rcd 22657, 22662 � 11 (2000). See 47 C.F.R. � 90.259(a). 47 C.F.R. � 90.259(a)(4), (8). See CGG Veritas Land, Inc., Order, 24 FCC Rcd 4641 (WTB MD 2009) (Veritas Waiver Order), recon. dismissed, 25 FCC Rcd 4897 (WTB MD 2010), review pending. 47 C.F.R. � 1.925(b)(3). See Veritas Waiver Order, 24 FCC Rcd at 4642 � 7 (citing Amendments to Parts 1, 2, 27, and 90 of the Commission's Rules to License Services in the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, Report and Order, WT Docket No. 02-8, 17 FCC Rcd 9980, 10034-35 �
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    • primary services currently operate or may be scheduled to operate in the near future, and where conditions render it impractical and unsafe to send technicians to each remote geophysical telemetry terminal.12The Division granted Veritas's prior waiver request because of the unique circumstances presented by its proposed operations in Alaska.13Neither of the instant applications sets forth a similar 747 C.F.R. � 1.925(b)(3). 8See Veritas Waiver Order, 24 FCC Rcd at 4642 � 7 (citing Amendments to Parts 1, 2, 27, and 90 of the Commission's Rules to License Services in the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, Report and Order, WT Docket No. 02-8, 17 FCC Rcd 9980, 10034-35 �
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    • Morgan sent a wire transfer to the Commission's bank at 8:55 a.m. on the following day ``to remedy this error'' and, after that payment was returned, resent the wire transfer late that afternoon, which was returned by the Commission's bank on June 22, 2010. Four Corners notes that the Commission may grant a waiver of its rules pursuant to section 1.925 if (i) it is shown that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual factual circumstances of the instant case, application of the rules would
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    • Morgan sent a wire transfer to the Commission's bank at 8:55 a.m. on the following day "to remedy this error" and, after that payment was returned, resent the wire transfer late that afternoon, which was returned by the Commission's bank on June 22, 2010.24 Four Corners notes that the Commission may grant a waiver of its rules pursuant to section 1.925 if (i) it is shown that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual factual circumstances of the instant case, application of the rules would
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    • from 9.2 GHz to 9.5 GHz. Also, the Smartfind S5's power is one watt, compared to four hundred milliwatts for the 9 GHz GMDSS SART. McMurdo believes that its Smartfind S5 will enhance marine safety by improving the efficiency of search and rescue operations. No responses were received to a Public Notice seeking comment on McMurdo's waiver request. Discussion. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • sweeps from 9.2 GHz to 9.5 GHz. Also, the Smartfind S5's power is one watt, compared to four hundred milliwatts for the 9 GHz GMDSS SART. McMurdo believes that its Smartfind S5 will enhance marine safety by improving the efficiency of search and rescue operations.8No responses were received to a Public Notice seeking comment on McMurdo's waiver request.9 4. Discussion.Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • 0003970984; 0003970985; 0003977301; 0003993361; 0003993598; 0003996650; 003996837; and 0003996931 Comment Date: July 28, 2010 Reply Comment Date: August 9, 2010 The Public Safety and Homeland Security Bureau seeks comment on sixteen applications and an associated waiver request filed by the West Virginia Department of Health and Human Resources/State Trauma Emergency Care System (``WVDH''). WVDH seeks a waiver, pursuant to Section 1.925 of the Commission's rules, of the eligibility requirements in Section 90.33, and such other Commission rules as may be necessary, to use various Industrial/Business (I/B) Pool frequencies in the UHF band for public safety communications. WVDH currently operates a state-wide microwave network and transmitter sites that provides support for the West Virginia Interoperable Radio Project (``WVIRP''), a state-wide interoperable radio
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    • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. While CCB cites Section 27.53(l)(1) of the Commission's Rules, the applicable rule is 47 C.F.R. � 27.53(m)(1). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&�
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    • licensees should be specifically authorized to operate on the pre-transition band plan set forth in Section 27.5(i)(1). National ITFS Association in October 2002. See generallyA Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&Oand FNPRMsignificantly altered that proposal. 5BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 647 C.F.R. � 1.925(b)(3). 747 C.F.R. �� 27.1230 et. seq. 9099 CCB and the EBS licensees should be authorized to continue operating at their current EIRP power levels pursuant to Section 27.50(h)(i) and (ii) of the rules. All channels in CCB's system should be permitted to continue operating under the "pre- transition" emission limits for analog video programming channels set forth in Section 27.53(m)(1)
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    • AU Docket No. 09-205, Public Notice, 25 FCC Rcd 3522 (WTB 2010). See Public Safety and Homeland Security Bureau Extends the Comment Dates on Request for Waiver Filed by the State of Wyoming to Modify Its Public Safety Statewide Communications System, File No. 0003764744, Public Notice, DA 10-1109 (rel. June 22, 2010). See 47 C.F.R. �� 0.191(f), 0.392, 1.1, and 1.925(c)(i). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 x y � � | } ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� E s 8 9 ; < > ? A B D E
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    • a failure to obtain financing, to obtain an antenna site, or to order equipment in a timely manner. If we were to deny the instant requests, all 191 licenses would terminate automatically under Section 1.946(c) of the Commission's Rules, which automatically terminates an authorization for failure to meet a substantial service obligation on the date the construction period expires. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
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    • caused by a failure to obtain financing, to obtain an antenna site, or to order equipment in a timely manner.46If we were to deny the instant requests, all 191 licenses would terminate automatically under Section 1.946(c) of the Commission's Rules, which automatically terminates an authorization for failure to meet a substantial service obligation on the date the construction period expires.47Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
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    • of the use period and to take any other steps necessary to ensure that the handsets will not be made available to any person other than Agency personnel and other authorized government users. ordering clauses 6. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Waiver Petition filed by Verizon Wireless IS GRANTED as noted herein. 7. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett. Jr., Rear Admiral (Ret.) Chief, Public Safety and Homeland
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    • are won in the same market, the winning bid amounts for the spectrum blocks serving tribal lands will be aggregated and the bidding credit limit will be applied against the aggregated amount. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to section 1.925 of the Commission's Rules. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit X: Tribal Lands Bidding Credit Waiver Requests.'' Exhibit X: Tribal Lands BIDDING CREDIT Waiver Requests Request for Additional Bidding Credit. If the applicant is seeking a credit in excess of the amount calculated according to section 1.2110(f)(3), the applicant must submit a waiver request,
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    • FOR APPLICANTS SEEKING TRIBAL LANDS BIDDING CREDITS Filing the FCC Form 601 When Seeking Tribal Lands Bidding Credits If applicant is interested in receiving a tribal lands bidding credit, it must apply to do so when initially filing the FCC Form 601 in ULS (see Section II, "Filing FCC Form 601"). 41See 47 C.F.R. � 0.459. 42See 47 C.F.R. � 1.925. 18505 1.Select "Yes" on the page asking if you intend to seek a Tribal Lands Bidding Credits. 2.On the Seek Tribal Lands Bidding Credit page, indicate each channel block within each market for which credit is sought by selecting the appropriate box.43 All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the
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    • Channels 14, 15, and 19 bands at the new transmitter sites. Specifically, the Township proposes to use its frequency assignments in TV Channels 14 and 15 for trunked operations and its frequency assignments in TV Channel 19 for conventional operations. Wayne seeks waiver of Sections 90.305(a), 90.307(d) and 90.313(c) of the Commission's rules, to use these frequencies pursuant to Section 1.925. By this Order, we grant Wayne's Waiver Request as conditioned herein. background Wayne currently operates on nine `T-Band' channels under call signs WPYW893, KZV273, WQEK857, WPSH811, and WIL599, and ``[a]ll of the channels operate in the conventional, non-trunked mode.'' Wayne states that it ``is currently using an antiquated mix of radio equipment and frequencies that [make] interoperability impossible.'' Therefore, the
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    • and Homeland Security Bureau: introduction The County of Westchester, New York (Westchester) filed an application and associated waiver request, to use, for public safety communications purposes, an offset frequency pair consisting of frequencies 476.3000 and 479.3000 MHz. Westchester seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, Section 1.925 of the Commission's rules. For the reasons stated below, we grant the request. background Westchester operates on several frequency pairs from the Part 22 spectrum allocation in the 470-512 MHz band under call signs WQBR539 and WQVH394. The Wireless Telecommunications Bureau's former Public Safety and Critical Infrastructure Division (WTB/PSCID) authorized Westchester's use of certain frequencies by waivers granted in 2004
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    • the band 482-488 MHz (TV Channel 16) is available for use by eligibles in the Public Safety Radio Pool in certain specified counties within the New York City metropolitan area. Because Woodbridge is located in Middlesex County, New Jersey, which is not one of the areas specified by Section 90.303(c), Woodbridge seeks a waiver of this rule, pursuant to Section 1.925. Also, Woodbridge needs a waiver of Section 90.313(c) of the Commission's rules, because the Township's proposed base stations are located less than 64 kilometers from two co-channel, incumbent public safety licensees. By this Order, we grant the Waiver Request on a conditional basis as discussed herein. background The Township states that ``[o]n December 5, 2008 the Commission granted Woodbridge's request
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    • for example, partitioning its NY DMA MVDDS license, such an approach may not be the best compliance option once it is determined how best to deploy MVDDS service. Thus, grant of the requested extension, DTVN believes, will benefit the public by facilitating the efficient and effective long-term deployment of MVDDS services. We hereby seek comment on the Seventh Request. Section 1.925(b)(3) of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that: ``(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; (ii) or in view of
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    • al, Order, DA 10-1378 (rel. July 28, 2010) ("MVDDS Extension Order"). 18Seventh Request at 4-5. 19Id. at 5. 20Id. 21Id. at 6. 22Id. 23Id. at 6-7. 24Id. at 7. 12417 grant of the requested extension, DTVN believes, will benefit the public by facilitating the efficient and effective long-term deployment of MVDDS services.25 We herebyseek comment on the Seventh Request. Section 1.925(b)(3) of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that: "(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to theinstant case, and that a grant of the requested waiver would be in the public interest; (ii) or in view of unique
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    • megahertz or less average EIRP. The Mobility Division reserves the right to terminate the waiver authority granted to AT&T hereunder if, as a result of AT&T's prospective Petition for Reconsideration, the Commission does not modify section 27.50(a)(2) to authorize use of the above referenced equipment in the 2.3 GHz band. Action taken pursuant to 47 C.F.R. �� 0.131, 1.3, and 1.925. Sincerely, Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau AT&T filed the request on August 2, 2010 on behalf of its license subsidiaries, AWACS, Inc. and BellSouth Mobile Data, Inc. (collectively with its subsidiaries, AT&T) (AT&T Request). See Amendment of Part 27 of the Commission's Rules to Govern the Operation of Wireless Communications Services in the 2.3 GHz Band,
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    • per 5 megahertz or less average EIRP.10The Mobility Division reserves the right to terminate the waiver authority granted to AT&T hereunder if, as aresult of AT&T's prospective Petition for Reconsideration, the Commission does not modify section 27.50(a)(2) to authorize use of the above referenced equipment in the 2.3 GHz band. Action taken pursuant to 47 C.F.R. �� 0.131, 1.3, and 1.925.11 Sincerely, Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau 6Id. 7Id.at 3. 8AT&T states it has WCS deployments scheduled at two additional customer sites during August 2010.AT&T Motion at 3 and n.3 9SeeLetter from Brain Benison, Director, Federal Regulatory, AT&T, to Marlene H. Dortch, Secretary, FCC, dated August 23, 2010 (also noting that "Sirius XM reserves its right to
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    • AT&T has consulted with the adjacent band SDARS licensee, Sirius XM, and that Sirius XM does not object to AT&T's limited request for relief. In view of the foregoing, we hereby grant AT&T until November 30, 2010 to comply with the 38 percent duty cycle limit under revised section 27.50(a)(2). Action taken pursuant to 47 C.F.R. �� 0.131, 1.3, and 1.925. Sincerely, Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau AT&T filed the request on August 2, 2010 on behalf of its license subsidiaries, AWACS, Inc. and BellSouth Mobile Data, Inc. (collectively with its subsidiaries, AT&T) (AT&T Request). See Amendment of Part 27 of the Commission's Rules to Govern the Operation of Wireless Communications Services in the 2.3 GHz Band,
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    • AT&T has consulted with the adjacent band SDARS licensee, Sirius XM, and that Sirius XM does not object to AT&T's limited request for relief.10 In view of the foregoing, we hereby grant AT&T until November 30, 2010 to comply with the 38 percent duty cycle limit under revised section 27.50(a)(2). Action taken pursuant to 47 C.F.R. �� 0.131, 1.3, and 1.925.11 Sincerely, Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau 8AT&T states it has WCS deployments scheduled at two additional customer sites during August 2010. AT&T Motion at 3 and n.3 9WCS Report and Order�141 (noting that "SDARS licensees have not reported any instances of interference" from authorized WCS fixed CPE devices). 10SeeLetter from Brain Benison, Director, Federal Regulatory, AT&T,
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    • 0003970976; 0003970979; 0003970983; 0003970984; 0003970985; 0003977301; 0003993361; 0003993598; 0003996650; 0003996837; and 0003996931 ORDER Adopted: August 30, 2010 Released: August 30, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction The West Virginia Department of Health and Human Resources/State Trauma Emergency Care System (``WVDH'') filed sixteen applications, each including an identical request for waiver, pursuant to Section 1.925 of the Commission's rules, of Section 90.33 and such other Commission rules as may be necessary, to use various Industrial/Business (I/B) Pool frequencies in the UHF band for public safety communications. For the reasons stated below, we grant WVDH's request. BACKGROUND WVDH currently operates a state-wide microwave network and transmitter sites that provides support for the West Virginia Interoperable Radio
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    • harmful interference.'' Consequently, on our own motion, we waive the signal strength requirement of subsection (iii)(D) in regard to Montana's operations near Idaho because of the agreement reached by Montana with Motorola. In addition to finding that the relevant rule would not be undermined by a grant of the waiver request, our analysis under the first prong of the Section 1.925 waiver standard requires a finding that grant of the waiver would be in the public interest. Based upon the record, we find Montana has demonstrated that grant of a waiver would be in the public interest. In this connection, we agree with Montana that grant of the waiver - conditioned on Montana's commitment to resolve any harmful interference caused to
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    • request would be in the public interest. We previously have found it to be in the public interest to grant waivers to enable electric utilities to operate critical infrastructure and help meet public safety needs. Accordingly, IT IS ORDERED, pursuant to Sections 2 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 152, 154(i), and Section 1.925 of the Communication's Rules, 47 C.F.R. � 1.925, the request for waiver by Ameren Services Company dated May 8, 2009 and filed in connection with application FCC File No. 0003832139 IS GRANTED, and application FCC File No. 0003832139 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority granted pursuant to
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    • Julia Biggs, Spectrum Manager, Enterprise Wireless Alliance. 8SeeWireless Telecommunications Bureau Seeks Comment on Request for Waiver Filed by Ameren Services Company to Use 806-821/851-866 MHz Band Public Safety Pool Frequencies for an Industrial/Land Transportation Communications System, Public Notice, 24 FCC Rcd 14731 (WTB MD 2009). The only commenters were Ameren and its frequency coordinator, the Enterprise Wireless Alliance. 947 C.F.R. �1.925(b)(3). 10These factors obviate our ordinary reluctance to authorize B/ILT use of Public Safety channels other than in an arrangement that facilitates interoperability, see Northeast Utilities Service Company, Order, 22 FCC Rcd 18652, 18653-54 � 5(WTB MD 2007). 12597 Federal CommunicationsCommission DA 10-1655 6.In addition, we conclude that grant of Ameren's request would be in the public interest. We previously have
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    • it cannot obtain waiver relief pursuant to Section 337 of the Act and we need not address its arguments regarding the remaining four criteria. However, Commission precedent makes clear that our finding that Syosset does not warrant waiver relief pursuant to Section 337 of the Act does not foreclose consideration of the its request for waiver relief pursuant to Section 1.925 of the Commission's rules. Rather, the Bureau's ability to undertake a waiver analysis pursuant to that section rests on the Commission's plenary authority under the Act to make rules and regulations necessary to achieve the Commission's over-arching statutory purposes, including ``promoting safety of life and property through the use of radio communication.'' From our review of the record in this
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    • nationwide air-ground service network. Stratophone requests a waiver of section 22.815 to extend the construction deadline for WQKQ290 so that it matches the January 2, 2013 deadline prescribed in the Order for general aviation air-ground station application to be submitted by January 2, 2011. According to Stratophone, its Alaska Waiver Request satisfies the criteria for waiver set forth in section 1.925 of the Commission's rules. Pursuant to section 1.925, the Commission may grant a waiver request if it is shown that either (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that grant of the requested waiver would be in the public interest, or (ii) in view of
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    • new, nationwide air-ground service network.9Stratophone requests a waiver of section 22.815 to extend the construction deadline for WQKQ290 so that it matches the January 2, 2013 deadline prescribed in the Orderfor general aviation air- ground station application to be submitted by January 2, 2011.10 According to Stratophone, its Alaska Waiver Request satisfies the criteria for waiver set forth in section 1.925 of the Commission's rules.11Pursuant to section 1.925, the Commission may grant a waiver request if it is shown that either (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that grant of the requested waiver would be in the public interest, or (ii) in view of unique
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    • We also conclude that Advanced Metrocomm has not demonstrated that a waiver of the five-year holding period is warranted under the circumstances presented. Therefore, we deny the waiver request, and will dismiss the application. Accordingly, IT IS ORDERED that, pursuant to Sections 2 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 152, 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver filed by Advanced Metrocomm, Inc. dated July 10, 2009 and filed in connection with application FCC File No. 0003170556 IS DENIED, and application FCC File No. 0003170556 SHALL BE DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47
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    • We also conclude that Advanced Metrocomm has not demonstrated that a waiver of the five-year holding period is warranted under the circumstances presented. Therefore,we deny the waiver request, and will dismiss the application. 8. Accordingly, IT IS ORDERED that, pursuant to Sections 2 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 152, 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver filed by Advanced Metrocomm, Inc. dated July 10, 2009 and filed in connection with application FCC File No. 0003170556 IS DENIED, and 7See Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended, Memorandum Opinion and Order, WT Docket No. 99-87, 17 FCC Rcd
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    • http://www.800ta.org/content/resources/ADR_Plan.pdf. Implementation Plan at 10. The TA notes that, on July 22, 2010, it provided replacement frequencies to seven high-site licensees that must relocate from the ESMR Band to the Interleaved Band. Id. See Third Report and Order, 25 FCC Rcd at 4449 � 19. Applicants may request an exception to the freeze pursuant to the waiver criteria in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Id. at n.65. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet the waiver standard. Id. Id. at 4449 � 19. Id. Id. Id. Id. citing Public Safety and Homeland Security Bureau
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    • payment requirement and submitted the missing form(s) after being notified of the failure to meet the filing deadline, the post-auction licensing process for Auction No. 87 was not significantly delayed or materially affected. Thus, under the circumstances, we believe that grant of the waiver requests associated with these FCC Forms 601 and 602 is appropriate, pursuant to sections 0.331 and 1.925 of the Commission's Rules. 47 C.F.R. �� 0.331, 1.925. 2 Submissions may be filed electronically, through the Commission's Universal Licensing System ("ULS"),3 or by paper, pursuant to the instructions below. � If filed electronically, the ULS website may be accessed at http://wireless.fcc.gov/uls/. From the ULS website, interested parties begin the process of submitting a pleading by clicking on the "SUBMIT
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    • payment requirement and submitted the missing form(s) after being notified of the failure to meet the filing deadline, the post-auction licensing process for Auction No. 87 was not significantly delayed or materially affected. Thus, under the circumstances, we believe that grant of the waiver requests associated with these FCC Forms 601 and 602 is appropriate, pursuant to sections 0.331 and 1.925 of the Commission's Rules. 47 C.F.R. �� 0.331, 1.925. 13229 Submissions may be filed electronically, through the Commission's Universal Licensing System ("ULS"),3 or by paper, pursuant to the instructions below. �If filed electronically, the ULS website may be accessed at http://wireless.fcc.gov/uls/. From the ULS website, interested parties begin the process of submitting a pleading by clicking on the "SUBMIT A
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    • the underlying purpose of the rule would not be served or would be frustrated by application to Bangor in the instant case. Nor does Bangor show how administrative oversight constitutes unique or unusual factual circumstances. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the request for waiver of Section 1.949(a) of the Commission's Rules filed June 24, 2010 by Bangor Hydro Electric Company IS DENIED, and application File No. 0004298035 SHALL BE DISMISSED. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131,
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    • 11486 � 22. 14Id. at 11485 � 22. 15See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed renewal applications after the licenses expired, and dismissing the subject applications). 1647 C.F.R. � 1.949(a). 1747 C.F.R. � 1.955(a)(1). 1847 C.F.R. � 1.925(b)(3). 13313 Alan S. Tilles, Esq. We do not believe that Bangor has satisfied either waiver prong. An inadvertent failure to renew a license in a timely manner is not so unique and unusual in itself as to warrant a waiver of the Commission's Rules.19Further, each licensee is solely responsible for knowing the terms of its license and submitting a renewal
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    • requested frequencies were recommended by both Sprint and the 800 MHz TA; 2) Sprint has provided concurrence to any short-spacing; 3) there are no other affected co-channel licensees; and 4) Xcel's application was accompanied by proper frequency coordination. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Request filed by the Xcel Energy Services, Inc. with respect to application FCC File No. 0002880474 IS GRANTED as noted herein. IT IS FURTHER ORDERED that FCC File No. 0002880474 is hereby granted. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's
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    • area, and promptly respond during emergencies.18 8See id. at 1. 9See 2/6/08 Supplement at 1. 10See FCC File No. 0002880474, Notice of Return, Ref. No. 4870167 (dated June 5, 2009). 11See 9/24/09 Supplement at 1. 12See id. The amended application contains a letter of short-spacing concurrence from Sprint. See id., Attachment at 1. 1347 C.F.R. � 90.617(d). 1447 C.F.R. � 1.925(b)(3)(i)-(ii). To obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the waiver would be in the public interest; or (ii) in view of unique or unusual factual circumstances of the
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    • with the cable/MVDDS cross-ownership limits with respect to the New York market. On August 25, 2010, the Division issued a Public Notice seeking comment on the Seventh Request. Comments were due on September 15, 2010. Reply Comments were due on September 22, 2010. In response, we received only one comment, filed by DTVN, supporting grant of its request. Discussion. Section 1.925(b)(3) of the Commission's rules permits us to grant a request for waiver if it is shown that: (i) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual
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    • extension through the end of the current license term, it be granted an additional 360- day extension. Seventh Requestat 6 n.19. 13701 Wayne D. Johnsen, Esquire September 30, 2010 Request.25Comments were due on September15, 2010. Reply Comments were due on September 22, 2010. In response, we received only one comment, filed by DTVN, supporting grant of its request. Discussion. Section 1.925(b)(3) of the Commission's rules permits us to grant a request for waiver if itis shown that: (i) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • long-form applications the specific terms, conditions, and parties involved in any bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Additional Information Concerning Rule Prohibiting Certain Communications . Incumbency Issues There are pre-existing paging incumbent licenses, including public safety entities licensed under either section 337 of the Communications Act, as amended, or section 1.925 of the Commission's rules. Incumbent (non-geographic) paging licensees operating under their existing authorizations are entitled to full protection from co-channel interference. Geographic area licensees are likewise afforded co-channel interference protection from incumbent licensees. Adjacent geographic area licensees are obligated to resolve possible interference concerns of adjacent geographic area licensees by negotiating a mutually acceptable agreement with the neighboring geographic licensee.
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    • of documents issued by the Commission and the Bureau addressing the application of section 1.2105(c) may be found in Attachment E. These documents are available on the Commission's auction web page at http://wireless.fcc.gov/auctions/prohibited_communications. 3. Incumbency Issues 36. There are pre-existing paging incumbent licenses, including public safety entities licensed under either section 337 of the Communications Act, as amended, or section 1.925 of the Commission's rules.59 Incumbent (non-geographic) paging licensees operating under their existing authorizations are entitled to full protection from co-channel interference.60 Geographic area licensees are likewise afforded co-channel interference protection from incumbent licensees.61 Adjacent geographic area licensees are obligated to resolve possible interference concerns of adjacent geographic area licensees by negotiating a mutually acceptable agreement with the neighboring geographic licensee.62
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    • submit the required certifications, the Mobility Division (Division), Wireless Telecommunications Bureau (Bureau), denied Telesaurus's request for another waiver that would have further extended their deadline for obtaining the required certifications. The Division explained that the unsupported assertions by Telesaurus regarding the difficulty of securing certifications from tribal governments and obtaining LMS equipment failed to meet the waiver standard under section 1.925 of the Commission's rules. The Division further stated that, ``almost six years after Auction 39 ended, with not a single certification submitted, it simply is not plausible to suggest that an applicant needs additional time to persuade tribal governments and secure tribal certifications.'' On January 26, 2007, the Bureau announced it was prepared to grant Telesaurus's license, upon full and
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    • and submit the required certifications, the Mobility Division (Division), Wireless Telecommunications Bureau (Bureau), denied Telesaurus's request for another waiver that would have further extended their deadline for obtaining the required certifications.15The Division explained that the unsupported assertions by Telesaurus regarding the difficulty of securing certifications from tribal governments and obtaining LMS equipment failed to meet the waiver standard under section 1.925 of the Commission's rules.16The Division further stated that, "almost six years after Auction 39 ended, with not a single certification submitted, it simply is not plausible to suggest that an applicant needs additional time to persuade tribal governments and secure tribal certifications."17 On January 26, 2007, the Bureau announced it was prepared to grant Telesaurus's license, upon full and timely
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    • 2009, against the assignment of frequencies 152.060 MHz, 152.150 MHz, and 152.180 MHz from Repeater Communications Corporation of California, Inc. to the County of Monterey, Inc. under Station WPOM425, file no. 0003736834, IS DENIED. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(d), and section 1.925(b)(3)(i) of the Commission's rules, 47 C.F.R. � 1.925(b)(3)(i), the above-captioned Application for Consent to the Assignment of Authorizations for Stations WPOM425 and WRW245 from Repeater Communications Corporation of California to the County of Monterey, file no. 0003736834, and the related request for waiver of section 20.9(a)(6) of the Commission's rules, 47 C.F.R. � 20.9(a)(6), ARE HEREBY GRANTED. This action is
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    • April 8, 2009, against the assignment of frequencies 152.060 MHz, 152.150 MHz, and 152.180 MHz from Repeater Communications Corporation of California, Inc. to the County of Monterey, Inc. under Station WPOM425, file no. 0003736834,IS DENIED. 14.ITIS FURTHER ORDERED that, pursuant to sections 4(i) and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(d), and section 1.925(b)(3)(i) of the Commission's rules, 47 C.F.R. � 1.925(b)(3)(i), the above-captioned Application for Consent to the Assignment of Authorizations for Stations WPOM425 and WRW245 from Repeater Communications Corporation of California to the County of Monterey, file no. 0003736834, and the related request for waiver of section 20.9(a)(6) of the Commission's rules, 47 C.F.R. � 20.9(a)(6), ARE HEREBY GRANTED. 27We note that
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    • ATC, GSI, Optasite, Crown Castle, Global Tower, Diamond, and Mobilitie. Both Insite and TowerCo assert in their petition that the RMS System is ``similar to and provides the same functionalities as'' a system that has previously supported a waiver grant, the TowerSentry Monitoring System. We will consider both the Insite and TowerCo waiver requests jointly in this Order. DISCUSSION Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
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    • GSI, Optasite, Crown Castle, Global Tower, Diamond, and Mobilitie. Both Insite and TowerCo assert in their petition that the RMS System is "similar to and provides the same functionalities as" a system that has previously supported a waiver grant, the TowerSentry Monitoring System.10We will consider both the Insite and TowerCo waiver requests jointly in this Order. III. DISCUSSION 5. Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: "(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
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    • on GPS-derived location information. --Grant of this waiver is subject to the resolution of Garmin's pending petition for rulemaking, RM-10762. --We may immediately terminate the waiver if harmful interference is reported to the Commission. V. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, Garmin International, Inc.'s request for extension of the waiver filed on September 22, 2010, IS GRANTED, and the waiver granted to Garmin International, Inc. on December 24, 2008 IS EXTENDED until resolution of Garmin's pending petition for rulemaking, RM-10762, in WT Docket No. 10-119, under the same terms and conditions as the
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    • based on GPS-derived location information. --Grant of this waiver is subject to the resolution of Garmin's pending petition for rulemaking, RM-10762. --We may immediately terminate the waiver if harmful interference40is reported to the Commission. V. ORDERING CLAUSES 11.Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, Garmin International, Inc.'s request for extension of the waiver filed on September 22, 2010, IS GRANTED, and the waiver granted to Garmin International, Inc. on December 24, 2008 IS EXTENDED until resolution of Garmin's pending petition for rulemaking, RM-10762,in WT Docket No. 10-119, under the same terms and conditions as the initial
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    • to proceed diligently with each of the conditions imposed by the Waiver Order to ensure timely progress and open collaboration with all stakeholders. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the District of Columbia's waiver request IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's Rules, 47 C.F.R. �� 0.191, 0.392, and the Waiver Order, 25 FCC Rcd 5145, 5155, � 33 (2010). FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral
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    • governmental processes to be completed. However, we expect that such circumstances should be anticipated in the future, and that deadlines will be met. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver requests by Chesapeake and the Bay Area ARE GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's Rules, 47 C.F.R. �� 0.191, 0.392, and the Waiver Order, 25 FCC Rcd 5145, 5155, � 33 (2010). FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr.,
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    • base and mobile frequencies is either appropriate or necessary. Requests for waiver of this requirement can and will be addressed on a case-by-case, as warranted by individual circumstances. Therefore, we deny the pending waiver request. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.2 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.2, 1.925, the request for declaratory ruling or, in the alternative, waiver submitted by Motorola Inc. on March 4, 2010 IS DENIED. IT IS FURTHER ORDERED that the request to withdraw filed by Motorola, Inc. on March 11, 2010, IS GRANTED, and the request for declaratory ruling filed on July 13, 2009 IS
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    • the 460-465 MHz base transmit frequency corresponding to their 465-470 MHz mobile transmit frequency.15Finally, Motorola proposes16that the waiver not apply to low power frequencies reserved for public safety use.17Motorola believes that these measures will make operations pursuant to the waiver little or no more likely to cause interference than low power operations using standard channel pairings.18 8See 47 C.F.R. � 1.925(b)(3). 9See Vulcan, 24 FCCRcd at 3240 � 5; Cavalier, 22 FCC Rcd at 7323 � 5. 10See APCO comments at 2; EWA comments at 2. 11See Adams comments at 1; APCO comments at 2. APCO notes that only the base transmit frequency is coordinated, with the mobile transmit frequency is not listed on the resulting license. See APCO comments at
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    • interest because it will permit NPSPAC licensees to relocate to a band segment where they will be less susceptible to interference from ESMR and other cellular architecture stations, thus furthering the goal of 800 MHz band reconfiguration. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the waiver request filed August 23, 2010 by the 800 MHz Transition Administrator, LLC, IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief, Policy Division Public Safety and Homeland
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    • Commission's rules, and such other relief as may be necessary, to: Permit temporary extension of the authorized Part 90 frequencies specified on the Thales Equipment Authorization to include 775-776/805-806 MHz. Permit the Thales Liberty Radio to be marketed to, purchased by, and operated by public safety narrowband licensees that are currently authorized to operate in the 775-776/805-806 MHz band. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • it may file a new, properly coordinated application. If it needs to continue operating the facilities in the meantime, it can seek special temporary authority (STA) pursuant to Section 1.931 of the Commission's Rules. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver of the license expiration date and reinstatement of the license for WPOT830, filed by the City of Columbus on September 14, 2010 IS DENIED, and application File No. 0004386782 SHALL BE DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's
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    • station, it may file a new, properly coordinated application.17If it needs to continue operating the facilities in the meantime, it can seek special temporary authority (STA) pursuant to Section 1.931 of the Commission's Rules.18 Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. 9Id. at 11485 � 22. 10See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed renewal applications after the licenses expired, and dismissing the subject applications). 1147 C.F.R. � 1.949(a). 1247 C.F.R. � 1.955(a)(1).
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    • has increased in recent years, rendering the current power limit insufficient to support reliable communications between the front and end of the train. They also argue that permitting a transmitter output power of up to eight watts will not result in interference to other users, because use of frequency pair 452/457.9375 MHz is coordinated by the railroad industry. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • has increased in recent years, rendering the current power limit insufficient to support reliable communications between the front and end of the train.13They also argue that permitting a transmitter output power of up to eight watts will not result in interference to other users, because use of frequency pair 452/457.9375 MHz is coordinated by the railroad industry.14 6. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • proposed increase in power with existing users. Finally, NC Highway Patrol states that, if its waiver request is granted, it would be able to operate its microwave system using Automatic Transmitter Power Control (ATPC), which would allow the system to operate at higher power levels only during ``conditions of extreme fade or technical issues requiring B side operation.'' Discussion Section 1.925 of the Commission's rules provides that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of
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    • Order to ensure timely progress. However, we expect that such circumstances should be anticipated in the future, and that deadlines will be met. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request by Chesapeake IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's Rules, 47 C.F.R. �� 0.191, 0.392, and the Waiver Order, 25 FCC Rcd 5145, 5155, � 33 (2010). FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral (Ret.) Chief,
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    • to be the types of circumstances that Sprint Nextel could not have reasonably avoided, that Sprint Nextel has shown substantial progress by completing the relocation of incumbents in more than 86 percent of the nation's BAS markets, and that a limited waiver to permit it to finish the transition is consentient with the Commission's past decisions in this proceeding. Section 1.925(b)(3) of the Commission's Rules requires parties seeking a waiver to demonstrate that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual circumstances of the instant
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    • as well as the surrounding northeastern Kentucky community. Ordering Clauses. For the aforementioned reasons, we grant Marathon's request for waiver of the 900 MHz B/ILT application freeze and we permit the processing of its application. Accordingly, IT IS ORDERED, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Marathon Petroleum Company LLC on April 28, 2010, FCC File No. 0004226938, IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, that application FCC File No. 0004226938 IS GRANTED. This
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    • FCC Rcd at 18277-78. 7Id. at 18278 n.7. 8See 900 MHz B/ILT NPRM, 20 FCC Rcd at 3836 � 67. 9SeeWaiver Request at 1; see also In the Matter of Marathon Petroleum Company LLC, Order, 25 FCC Rcd 1 (EB 2010). 10See Waiver Request at 1. 11See900 MHz B/ILT R&O, 23 FCC Rcd at 15872-73 �� 27-31. 1247 C.F.R. � 1.925(b)(3)(i). 1347 C.F.R. �1.925(b)(3)(ii). 17548 Federal Communications Commission DA 10-2382 7. A significant purpose of the 900 MHz B/ILT application freeze has been to preserve adequate spectrum resources during the 800 MHz band reconfiguration. While the Commission has determined to retain the current site-based licensing paradigm for 900 MHz B/ILT channels and has indicated its intention to lift the freeze, the
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    • Center site. We therefore conclude that the public interest would be served by granting the Port Authority an extension of time to complete construction of the World Trade Center Stations listed in the Attachment. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 303(r), and Sections 1.925, 1.946(e), 90.157, and 101.65(b) of the Commission's rules, 47 C.F.R. �� 1.925, 1.946(e), 90.157, and 101.65(b), the Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission's rules, filed by the Port Authority of New York and New Jersey IS GRANTED, nunc pro tunc, to the extent indicated herein. This action is taken under delegated authority pursuant
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    • not limited to, the requirement to file timely extension requests, without good cause shown, may result in further action by the Commission, including consideration of whether the licensee's continued rebanding costs should be deemed not recoverable from Sprint. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008, deadline submitted by the licensees listed in Appendix A of this order are GRANTED, GRANTED IN PART, OR HELD IN ABEYANCE, to the extent discussed herein. FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral (Ret.) Chief,
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    • for both S-band and X-band RTEs. Ocean Signal argues, however, that this constitutes a discrepancy between ITU-R M.1176 and Resolution MSC.164(78), because requiring 50 dB gain for S-band RTEs results in an antenna that is both too large to be deployed on smaller vessels, and reflects the radar signal a significantly longer distance than required by Resolution MSC.164(78). Discussion. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • dB for both S-band and X-band RTEs. Ocean Signal argues, however, that this constitutes a discrepancy between ITU-R M.1176 and Resolution MSC.164(78), because requiring 50 dB gain for S-band RTEs results in an antenna that is both too large to be deployed on smaller vessels, and reflectsthe radar signal a significantly longer distance than required by Resolution MSC.164(78).9 5. Discussion.Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) wouldnot be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of the
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    • rulemaking proceeding ends. Consequently, NTIA requests an interim waiver to permit the use of frequency 1090 MHz by aeronautical utility mobile stations. It proposes certain operational and technical limits on such operations. In response to the public notice seeking comment on the waiver request, Boeing Company (Boeing), Sensis Corporation, and Airports Council International-North America (ACI-NA) filed supporting comments. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • System, a system of ground-based transmitters that (continued....) 1407 Federal Communications Commission DA 10-259 frequency 1090 MHz by aeronautical utility mobile stations. It proposes certain operational and technical limits on such operations.5In response to the public notice seeking comment on the waiver request, Boeing Company (Boeing), Sensis Corporation, and Airports Council International-North America (ACI-NA) filed supporting comments.6 3. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • Radio has not made a demonstration that would warrant grant of a waiver of the freeze in light of our waiver requirements and their application in the context of the 900 MHz B/ILT application freeze. Ordering Clauses. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver filed by Denver Radio Electronics & Technology on July 25, 2008, and amended on September 8, 2008, IS DENIED, and application File No. 0003517032 IS DISMISSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to sections 0.131 and 0.331
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    • Pool, Report and Order, 23 FCC Rcd 15856, 15872-73 �� 27-31 (2008) (900 MHz B/ILT Order) (recon. pending). 6SeeFile No. 0003517032 (filed Jul. 25, 2008 (Waiver Request), amended Sept. 8, 2008 (Supplemental Waiver Request)). 7Waiver Request at 1. 8Waiver Request at 1. 9SeeFile No. 0003517032, Letter Ref. No. 4776544 (attached to application). 10Id. 11SeeSupplemental Waiver at 1. 1247 C.F.R. � 1.925(b)(3)(i). 1347 C.F.R. �1.925(b)(3)(ii). 1435 Federal Communications Commission DA 10-265 has not shown that maintaining the freeze under the strictures andconditions of the 900 MHz R&Owould be inequitable, unduly burdensome, or leaving Denver Radio with no reasonable alternative. 7. The Bureau has granted waiver of the freeze in only a handful of cases. In Georgia Pacific Corporation (Georgia Pacific), the applicant's
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    • him at that time of signature and personal identification requirements. Request for Waiver at 3. Id. Id. at 3-4. Id. at 4. 47 C.F.R. � 1.2107(b). See Auction 62 Procedures Public Notice, 20 FCC Rcd at 10535. 47 C.F.R. � 1.3. This waiver standard, and the waiver standard applied in the context of wireless radio services licenses, 47 C.F.R. � 1.925, have been found to be substantially the same. See Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889, 16891 � 7 & n.19 (2003) (citing Bellsouth Corporation v. FCC, 162 F.3d 1215, 1225 n.10 (D.C. Cir. 1999)). See, e.g., Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (``Northeast Cellular''). See also 47 C.F.R.
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    • has consistently denied every request for waiver of the down payment deadline.32Mr. Austin presents no arguments that persuade us to depart from our policy 2447 C.F.R. � 1.2107(b). See Auction 62Procedures Public Notice, 20 FCC Rcd at 10535. 2547 C.F.R. � 1.3.This waiver standard, and the waiver standard applied in the context of wireless radio services licenses, 47 C.F.R. � 1.925, have been found to be substantially the same. SeeDelta Radio, Inc., Memorandum Opinion and Order,18 FCC Rcd 16889, 16891 � 7 &n.19 (2003) (citing Bellsouth Corporation v. FCC,162 F.3d 1215, 1225 n.10 (D.C. Cir. 1999)). 26See, e.g., Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) ("Northeast Cellular"). See also47 C.F.R. � 1.925(a)(3)(i). 27See47 C.F.R. �
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    • Telecommunications and Information Administration (NTIA), could deny license applications in particular areas as necessary to protect Federal radiolocation facilities. Over seventy comments were received in response to the public notice seeking comment on the waiver request. The commenters generally consist of public safety and law enforcement entities supporting the waiver request, and amateur radio operators opposing it. III. DISCUSSION Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • placed into the record of this proceeding. See Letter dated Feb. 3, 2010 from Karl B. Nebbia, AssociateAdministrator, Office of Spectrum Management, National Telecommunications and Information Administration to Julius Knapp, Chief, Office of Engineering and Technology, Federal Communications Commission (NTIA Letter). 1783 Federal Communications Commission DA 10-291 supporting the waiver request,15and amateur radio operators opposing it.16 III. DISCUSSION 6. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • Section 87.71 of a ``licensed operator'' refers to a holder of the appropriate commercial radio operator license, and not, as PATC suggests, to the station licensee. Moreover, we interpret the requirement in Section 87.73 that the GROL holder ``directly supervise'' the adjustments and tests to require his or her on-site presence. We turn now to PATC's request for waiver. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • Section 87.71 of a "licensed operator" refers to a holder of the appropriate commercial radio operator license, and not, as PATC suggests, to the station licensee.10 Moreover, we interpret the requirement in Section 87.73 that the GROL holder "directly supervise" the adjustments and tests to require his or her on-site presence. 6.We turn now to PATC's request for waiver. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • its service. The Bureau's Mobility Division (``Division'') denied the Waiver Request and dismissed the pending renewal application, finding that administrative error was insufficient to support a waiver. The Division also found that FM Radio had failed to demonstrate how its loss of revenue or commercial service to its customers met either prong of the waiver standard under Commission rule section 1.925. FM Radio now argues that the Commission should reconsider the Order because the Division (1) failed to adequately consider FM Radio's justifications for the Waiver Request; and (2) acted inconsistently with other Commission decisions granting reinstatement. On June 13, 2007, following the Division's denial of FM Radio's waiver request and dismissal of its renewal application, the Public Safety and Homeland
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    • its service.10 6.The Bureau's Mobility Division ("Division") denied the Waiver Request and dismissed the pending renewal application, finding that administrative error was insufficient to support a waiver. The Division also found that FM Radio had failed to demonstrate how its loss of revenue or commercial service to its customers met either prong of the waiver standard under Commission rule section 1.925.11 7.FMRadio now argues that the Commission should reconsider the Order because the Division (1) failed to adequately consider FM Radio's justifications for the Waiver Request; and (2) acted inconsistently with other Commission decisions granting reinstatement.12 8.On June 13, 2007, following the Division's denial of FM Radio's waiver request and dismissal of its renewal application, the Public Safety and Homeland Security
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    • will also allow RCT and its neighbors to fully implement agreements that will allow them to provide advanced video and broadband services. Granting the waivers will also allow RCT and its neighbors to transition to the new BRS/EBS band plan. ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the Request for Waiver of Commissions Rules Regarding Transition of Broadband Radio Service and Educational Broadband Service Stations filed by RC Technologies Corporation on August 27, 2009 IS GRANTED to the extent indicated in Paragraph 22, supra, subject to the conditions noted in that paragraph. IT IS FURTHER ORDERED, pursuant to
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    • any plans for providing service on adjacent channels. 17. We also grant RCT a waiver of Section 27.1222 of the Commission's Rules to allowit to operate in the 2572-2576 MHz and 2614-2618 MHz bands on a primary basis. These bands were 56Id. 57Id. 58Id., citingDakota Central Telecommunications Cooperative, 24 FCC Rcd 4729, 4739 � 20 (WTB 2009). 5947 C.F.R. � 1.925(b)(3). 602007 Waiver Request at iii, 6. 61Id. 130 Federal Communications Commission DA 10-1033 designed primarily to operate as a guard band between the MBS and the LBS/UBS.62In this case, a waiver could allow RCT to utilize additional spectrum and provide additional programming to its customers. Furthermore, Data Truck, the other licensee proposing to operate within the GSAs, consents to the
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    • entity to file a transition initiation plan for that BTA. As required by the Commission, we will issue a public notice in the near future announcing Clearwire's status as the transition proponent for the Aberdeen, South Dakota BTA. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), and Sections 1.925 and 27.1220 of the Commission's Rules, 47 C.F.R. �� 1.925, 27.1220, that the Request for the Waiver of the Digital Modulation Requirements for Sub Channelization filed by Northern Wireless Communications, Inc. on July 22, 2009 IS GRANTED, and Section 27.1220 of the Commission's Rules IS WAIVED to allow Northern Wireless Communications, Inc. and its lessors to subchannelize their channels using
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    • entity to file a transition initiation plan for that BTA. As required by the Commission, we will issue a public notice in the near future announcing Clearwire's status as the transition proponent for the Aberdeen, South Dakota BTA.32 Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), and Sections 1.925 and 27.1220 of the Commission's Rules, 47 C.F.R. �� 1.925, 27.1220, that the Request for the Waiver of the Digital Modulation Requirements for Sub 262009 Waiver Request at 1. 27Id. 28Id. 2947 C.F.R. � 1.925(b)(3). 30See BRS/EBS R&O, 19 FCC Rcd at 14175 n.40. 312009 Waiver Request at 1. 32SeeBRS/EBS 3rd MO&O, 21 FCC Rcd at 5653 � 93. 2009
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    • of the Commission's Rules to allow consideration of its late-filed renewal. We further conclude that Liberty County's remaining waiver requests are unnecessary and therefore are dismissed as moot. We direct processing of the Renewal Application. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925, and 1.949(a) of the Commission's Rules, 47 C.F.R. �� 1.925, and 1.949(a) that the request for waiver of Section 1.949(a) of the Commission's Rules filed by Liberty County District School Board on August 24, 2009 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309,
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    • 27.14(o). 17See Biennial Regulatory Review �Amendment of Parts 0, 1, 13, 22,24, 26, 27, 80, 87, 90, 95, and 101 of the Commission's Rules to Facilitate Development and Use of the Universal Licensing System in the Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476, 11485 � 22 (1999). 1847 C.F.R. � 1.925(b)(3). 1947 C.F.R. � 1.949(a). 20SeeWaiver Request, Declaration of David Summers. 2246 Federal Communications Commission DA 10-383 Liberty County at the following address: Highway 12 North, Bristol, FL 32321.21When there is an allegation that Commission correspondence was not received, "the question of receipt should be resolved on the basis of all the record evidence, including the regularity of mailing and delivery
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    • of the Commission's Rules to allow consideration of their late-filed renewals. We also conclude that Chippewa has not shown unique circumstances that would justify allowing it to ``split-the-football.'' We direct processing of the Renewal Applications. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925, 1.949(a), and 74.15(e) of the Commission's Rules, 47 C.F.R. �� 1.925, 1.949(a), and 74.15(e) that the requests for waiver filed by Chippewa Valley Technical College on November 20, 2009 in connection with File Nos. 0004040014, 0004040031, 0004040058 ARE GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. ��
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    • co-channel EBS licensees. Accordingly, any grant of the Renewal Applications shall contain the following condition: The licensee's geographic service shall not include any portion of its former protected service area that overlapped with another licensee whose license was in active status on January 10, 2005 and on the date the expired licensee's late-filed renewal application was granted. 2547 C.F.R. � 1.925(b)(3). 26See BRS/EBS R&O &FNPRM, 19 FCC Rcd at 14248 � 217 ("As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application."); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and
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    • 47 U.S.C. �� 154(i), 405, and Sections 0.331 and 1.106 of the Commission's Rules, 47 C.F.R. �� 0.331, 1.106, that the licenses for Educational Broadband Service Stations WLX253, IS REINSTATED, subject to compliance with the requirement in Paragraph 12, infra. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the Renewal Application submitted by Davenport Schools, Inc. d/b/a Great Lakes Junior College on November 5, 2007 IS DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.949 of the Commission's Rules,
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    • amended, 47 U.S.C. �� 154(i), 405, and Sections 0.331 and 1.106 of the Commission's Rules, 47 C.F.R. �� 0.331, 1.106, that the licenses for Educational Broadband Service Stations WLX253, IS REINSTATED, subject to compliance with the requirement in Paragraph 12, infra. 11.ITIS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the Renewal Application submitted by Davenport Schools, Inc. d/b/a Great Lakes Junior College on November 5, 2007 IS DISMISSED WITHOUT PREJUDICE. 12.ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.949 of the Commission's Rules, 47
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    • Act of 1934, as amended (the Act), 47 U.S.C. � 337(c), to use, for public safety communications purposes, frequencies in television (TV) Channel 16 Band (482-488 MHz) allocated for Part 22 point-to-multipoint service. Specifically, DCS seeks to license ``18 channels of 12.5 kHz bandwidth.'' In the alternative to Section 337(c) of the Act, DCS requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. With respect to its proposed use of the requested Part 22 frequencies, DCS seeks waiver of the following Commission rules, as of the latest amendment: Section 20.9(a)(6), which provides that Part 22 frequencies shall be regulated as a commercial mobile radio service; Section 22.377, which requires that all transmitters used in the
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    • with respect to the proposed antenna will not frustrate the underlying purposes of the rule. We also conclude that a waiver grant is in the public interest, because it will improve the coverage of the University's communications system. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed on August 7, 2009 by University of Minnesota - Athletics with respect to application FCC File Number 0003927162 IS GRANTED, and application FCC File No. 0003927162 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to
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    • (filed Aug. 7, 2009). 2See 47 C.F.R. � 90.267(b)(2)(ii). 3See Letter dated July 9, 2009 from Derek Hillestad, Director of Operations, TCF Bank Stadium, University of Minnesota at 1. 4Id. 5Specifically, 451/456.7375 MHz. See47 C.F.R. � 90.267(b)(4). The University's frequency coordinator states that it performed a frequency search and could find no other channels that were more suitable. 647 C.F.R. �1.925(b)(3). 2612 Federal Communications Commission DA 10-449 neighboring licensed operators, and to maximize reuse of low power pool frequencies.7Our engineering staff has analyzed the University's application, and we conclude that the proposed facility is unlikely to cause harmful interference to other licensee or impede the reuse of the frequency much beyond the University campus. Thus, we conclude that granting a waiver
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    • output power and effective radiated power limits), 80.385(a)(2) (AMTS frequency assignments), 80.475(c) (requirement that AMTS systems provide private mobile radio service only to stations whose licensees make cooperative arrangements with the AMTS coast station licensee), and 80.479(c) (requirement that ``all affected licensees'' provide written consent for mobile-to-mobile communications). SCRRA asserts that grant of the requested waivers is warranted under Section 1.925 of the Commission's Rules because there are unique and special circumstances surrounding SCRRA's spectrum requirements to provide positive train control, and grant of the requested waivers would serve the public interest and be consistent with Commission precedent. According to SCRRA, grant of the waivers would not harm maritime users of the spectrum, AMTS licensees, or broadcasters. SCRRA adds that grant
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    • transmitter output power and effective radiated power limits), 80.385(a)(2) (AMTS frequency assignments), 80.475(c) (requirement that AMTS systems provide private mobile radio service only to stations whose licensees make cooperative arrangements with the AMTS coast station licensee), and 80.479(c) (requirement that "all affected licensees" provide written consent for mobile-to-mobile communications).16SCRRA asserts that grant of the requested waivers is warranted under Section 1.925 of the Commission's Rules17because there are unique and special circumstances surrounding SCRRA's spectrum requirements to provide positive train control,18and grant of the requested waivers would serve the public interest and be consistent with Commission precedent.19According to SCRRA, grant of the waivers would not harm maritime users of the spectrum, AMTS licensees, or broadcasters.20SCRRA 11See, e.g., Assignment Application Public Interest Statement
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    • 16 (482-488 MHZ) BAND File No. 0004182796 Comment Date: April 19, 2010 Reply Comment Date: April 29, 2010 The Public Safety and Homeland Security Bureau seeks comment on the application and waiver request, filed on March 22, 2010, by the Township of Woodbridge, New Jersey (Woodbridge, or the Township), through its Police Department. Woodbridge seeks waiver relief, pursuant to Section 1.925 of the Commissions rules, to use, for public safety communications purposes, ``six frequenc[y] pairs from the 482-488 MHz band'' for a trunked public safety communications system. The Township states that ``[o]n December 5, 2008 the Commission granted Woodbridge's request to be licensed on fifteen frequency pairs in the channel 20 television band (506-512 MHz).'' The Township asserts that the ``frequencies
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    • construction of the Alabama Digital Emergency/Education Network (``ADEN''). AETC describes ADEN as a statewide public safety and education network. Because AETC seeks to operate on frequencies not designated for public safety entities, it requests a waiver of Sections 73.622, 73.1010 and 90.20(c) of the Commission's rules pursuant to Section 337(c) of the Communications Act of 1934, as amended, and Section 1.925 of the Rules. For the reasons stated below, we deny AETC's request for a waiver and dismiss the application. Background. AETC was established by the Alabama Legislature in 1953 and is the licensee of nine noncommercial educational television stations in Alabama operating as APT. AETC states that while it would act as the licensee of the nine new proposed television
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    • not limited to, the requirement to file timely extension requests, without good cause shown, may result in further action by the Commission, including consideration of whether the licensee's continued rebanding costs should be deemed not recoverable from Sprint. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008, deadline submitted by the licensees listed in Appendix A of this order are GRANTED, GRANTED IN PART, OR HELD IN ABEYANCE, to the extent discussed herein. FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral (Ret.) Chief,
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    • Id. Id. at 4 n.8. Under the Commission's rules, licensees are afforded a three-month voluntary negotiation period followed by a three-month mandatory negotiation period. See 47 C.F.R. �� 90.677(b), (c). See Appendix D, 47 C.F.R. � 90.677(b), (c), as amended. TA Proposal at Appendix A. Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. See Public Safety and Homeland Security Bureau
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    • entities with which it makes arrangements for such service, and to comply with all of the conditions in Section 80.123 (including the requirement that priority be afforded to marine-originating communications), except for the limit on antenna height of land units. On January 5, 2010, we sought comment on ShipCom's waiver request. We received three comments supporting the request. Discussion. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • C.F.R. � 80.5. 4See Waiver Request at 1. 5See 47 C.F.R. � 80.123introductory paragraph. 6See Waiver Request at 1. 7SeeSupplement at 1. 4894 Federal Communications Commission DA 10-831 marine-originating communications), except for the limit on antenna height of land units.8 4. On January 5, 2010, we sought comment on ShipCom's waiver request.9We received three comments supporting the request.10 5. Discussion.Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • it may file a new, properly coordinated application. If it needs to continue operating the facilities in the meantime, it can seek special temporary authority (STA) pursuant to Section 1.931 of the Commission's Rules. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the requests for waiver of Section 1.949(a) of the Commission's Rules, 47 C.F.R. � 1.949(a), filed by the City of Danville on March 12, 2010 ARE DENIED, and application File Nos. 0004159562, 0004159563, and 0004159564 SHALL BE DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of
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    • 11486 � 22. 11Id. at 11485 � 22. 12See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed renewal applications after the licenses expired, and dismissing the subject applications). 1347 C.F.R. � 1.949(a). 1447 C.F.R. � 1.955(a)(1). 1547 C.F.R. � 1.925(b)(3). 16SeeWaiver Requests. 17SeeAlarmNet, Inc., Letter, 24 FCC Rcd 11766 (WTB BD 2009); ConocoPhillips Communications Inc., Letter, 24 FCC Rcd 11755 (WTB BD 2009);Fresno City and County Housing Authorities, Order on Reconsideration, 15 FCC Rcd 10998, 11002 � 11 (WTB PSPWD 2000) (citing Plumas-Sierra Rural Electric Cooperative, Order, 15 FCC Rcd 5572, 5575 � 9 (WTB PSPWD 2000)). 18ULS MO&O, 14
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    • view of the unique o r unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome, or contrary to the public interest, or the applicant has no reasonable alternative.}{\rtlch\fcs1 \af0 \ltrch\fcs0 \super \chftn {\footnote \ltrpar \pard\plain \ltrpar\s17\ql \li0\ri0\sa120\widctlpar\tx180\tx720\tx1440\tx2160\wrapdefault\aspalpha\ aspnum\faauto\adjustright\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs21\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 1.925(b)(3).}}}{\rtlch\fcs1 \af0 \ltrch\fcs0 \par {\pntext\pard\plain\ltrpar \s16 \rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \hich\af0\dbch\af0\loch\f0 8.\tab}}\pard \ltrpar\s16\ql \fi720\li0\ri0\sa220\widctlpar\jclisttab\tx1440\wrapdefault{\*\pn \pnlvlbody\ilvl0\ls13\pnrnot0\pndec\pnb0\pni0\pnstrike0 \pnfs22\pnstart1\pnindent720\pnsp120 {\pntxta .}}\aspalpha\aspnum\faauto\ls13\adjustright\rin0\lin0\itap0 {\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 Initially, we reject Great Lakes\rquote }{\rtlch\fcs1 \af0 \ltrch\fcs0 argument that the late-filed Renewal Application should be excused because of loss of personnel and the assistance of its former lessees. The Commission has repeatedly held that each }{\rtlch\fcs1 \ab\af0 \ltrch\fcs0 {\*\bkmkstart
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    • 19See Biennial Regulatory Review �Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, and 101 of the Commission's Rules to Facilitate Development and Use of the Universal Licensing System in the Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476, 11485 � 22 (1999). 2047 C.F.R. � 1.925(b)(3). 21See BRS/EBS R&O & FNPRM, 19 FCC Rcd at 14248 � 217 ("As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application."); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion
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    • SAFETY RADIO SYSTEM File No. 0003734540 Comment Date: February 8, 2010 Reply Comment Date: February 18, 2010 The Public Safety and Homeland Security Bureau seeks comment on the application and waiver request, initially filed on February 10, 2009, and subsequently amended on September 18, 2009, by the City of Summit, New Jersey (``Summit''). Summit seeks waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, to use, for public safety communications purposes, two frequencies designated for different uses under Part 22 of the Commission's rules. Specifically, Summit, which currently is authorized to operate on Part 22 frequencies, 476/479.0375, 476/479.1375, 476/479.1875 and 476/479.2125 MHz, requests authorization to add frequency 476.1625, which is designated for point-to multipoint use, and
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    • 476-482, 500-506 MHZ) File Nos. 0003959144 and 0003959145 Comment Date: June 14, 2010 Reply Comment Date: June 28, 2010 The Public Safety and Homeland Security Bureau seeks comment on the above-captioned applications and waiver request, as amended, filed on September 8, 2009, by the Township of Wayne, New Jersey (Wayne, or the Township). Wayne seeks waiver relief pursuant to Section 1.925 of the Commission's rules ``to implement a new seven-channel, four-site, P25 trunked system, and a two-channel, four-site, conventional system'' by reusing its existing frequency assignments in the TV Channels 14, 15, and 19 bands at the new transmitter sites. Specifically, the Township would use its frequency assignments in TV Channels 14 and 15 for trunked operations and its frequency assignments
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    • 17 FCC Rcd at 2036 � 42. Id. 2034 at � 37. Id. 47 C.F.R. � 90.531(b)(1)(iii). Supplemental Waiver. Waiver Request at 1. Supplemental Waiver Request citing State of Florida, Order, DA 11-964 (PSHSB May 27, 2011) (granting a conditional waiver to exceed the maximum number of interoperability channels that may be trunked). Waiver Request at 1. 47 C.F.R. � 1.925(b)(3)(i)-(ii). In order to facilitate interoperability, we require that the deployable repeater systems authorized by this waiver be ``open,'' i.e., they shall not require a system key. In addition, Mesa must advise all potential authorized users of the repeaters of the frequencies and other parameters of the deployable repeaters. See Petition for Rulemaking of the National Public Safety Telecommunications Council at
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    • frequencies 470.1000 and 473.1000 MHz. Ashland seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Section 22.621 of the Commission's rules and such other of the Commission's rules as may be necessary, to use frequencies not designated for public safety use. In the alternative, Ashland seeks a waiver pursuant to Section 1.925 of the Commission's rules. By this Order, we grant Ashland's Waiver Request pursuant to Section 1.925. BACKGROUND Ashland seeks waiver of the Commission's rules to use non-public safety frequencies 470.1000 MHz and 473.1000 MHz for the construction and operation of a new ``wireless telecommunications system for its public safety radio operations.'' Ashland states that the Police Department ``furnishes traditional police
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    • its existing public safety communications system by adding frequencies 470.1500 and 473.1500 MHz. Bayonne seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 20.9(a)(6), 22.621, and 22.651 of the Commission's rules, to use these frequencies for public safety purposes. In the alternative, the City seeks a waiver pursuant to Section 1.925 of the Commission's rules. By this Order, we grant Bayonne's Waiver Request under Section 1.925. II. BACKGROUND Bayonne is located in the New York City-Northeastern New Jersey metropolitan area. In 2004, the Wireless Telecommunications Bureau's former Public Safety and Critical Infrastructure Division (WTB/PSCID) granted a waiver authorizing Bayonne to operate a public safety radio system under call sign WQBL378 on
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    • radio communications system by adding frequencies 506.0125 and 509.0125 MHz. Cinnaminson seeks waiver pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 20.9(a)(6), 22.621, 22.623(b), and 90.307(d) of the Commission's rules ``to conduct public safety operations'' on frequencies 506.0125 and 509.0125 MHz. In the alternative, the Township seeks a waiver pursuant to Section 1.925 of the Communication's rules. By this Order, we grant Cinnaminson's Waiver Request under Section 1.925. background Cinnaminson currently operates Public Safety Pool Station WIL992 on four frequency pairs in the 470-512 MHz Band, and seeks to modify its license for Station WIL992 by adding Part 22 frequencies 506.0125 and 509.0125 MHz. The Township states that ``[t]he Cinnaminson Township Department of
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    • an associated Waiver Request for authority to use, for public safety purposes, 18 frequencies allocated under Part 22 of the Commission's rules. Specifically, DCS seeks to license 18 frequencies ``to expand overall capacity to accommodate its total communications needs.'' DCS seeks waiver of Sections 20.9(a)(6), 22.377, 22.621, and 22.623(b) of the Commission's rules to use these frequencies pursuant to Section 1.925 of the Communication's rules. By this Order, we grant the Waiver Request as discussed herein. background DCS states that it ``is a county school district responsible for the health and safety of over 425,000 students and a team of over 1,700 professionals.'' In addition, DCS states that it ``has one of the five largest pupil transportation fleets in the United
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    • units to communicate only with public coast stations; and Section 80.479(c) of the Commission's Rules, which provides that AMTS frequencies may be used for mobile-to-mobile communications only if written consent is obtained from all affected licensees. For the reasons stated below, we waive Sections 80.92(a) and 80.123(f), but deny the request for waiver of Sections 80.123(a) and 80.479(c). Discussion. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • permits AMTS mobile units to communicate only with public coast stations;11and Section 80.479(c) of the Commission's Rules, which provides that AMTS frequencies may be used for mobile-to-mobile communications only if written consent is obtained from all affected licensees.12For the reasons stated below, we waive Sections 80.92(a) and 80.123(f), but deny the request for waiver of Sections 80.123(a) and 80.479(c).13 5.Discussion.Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • to be consistent with the larger authorized bandwidth permitted by the 2010 waiver grant. EMS argued that the total power is more widely distributed over the larger bandwidth, so the relaxed emission limitations would provide the same effective protection levels as is currently specified in the rule. On February 3, 2011, we sought comment on EMS's waiver request. Discussion. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • envelope level, in order to be consistent with the larger authorized bandwidth permitted by the 2010 waiver grant. EMS argued thatthe total power is more widely distributedover the larger bandwidth, so the relaxed emission limitations would provide the same effective protection levelsas is currently specified in the rule.10On February 3, 2011, we sought comment on EMS's waiver request.11 4. Discussion.Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of therule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of the
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    • the licensee shows that the failure to complete construction is due to causes beyond its control. Section 1.946 also lists specific circumstances where extension requests will not be granted, including delays caused by a failure to obtain financing, because the license undergoes a transfer of control, or because the licensee intends to assign the authorization. In addition, pursuant to section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
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    • granted if the licensee shows that the failure to complete construction is due to causes beyond its control.30Section 1.946 also lists specific circumstances where extension requests will not be granted, including delays caused by a failure to obtain financing, because the license undergoes a transfer of control, or because the licensee intends to assign the authorization.31In addition, pursuant to section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
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    • contract between the licensee and Sprint for the reconfiguration of the licensee's system at Sprint's expense. The Waiver Order required licensees to file progress reports with the TA every 30 days, or until the TA directed otherwise. Waiver Order, 25 FCC Rcd at 3747-3248. Petition at 7. The Petition does not note that the waiver provisions of 47 C.F.R. � 1.925 are available to licensees that desire to acquire replacement spectrum but have been delayed in rebanding by factors beyond their control. Id. at 2. Petitioners fail to note that the condition respecting Sprint's payment of status report costs is only presumptive. Licensees can overcome the presumption by demonstrating that rebanding delays have occurred due to factors beyond their control. AT&T
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    • it is offering certain models ``that are pre-loaded with a competing Tier I service provider's software and firmware (which cannot be removed), and that are branded with this competing service provider's trademarks (which have been obscured). As a result, Mosaic must sell these products as `used' or `refurbished' even if they're essentially brand new.'' The Waiver Standard. Pursuant to section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
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    • is offering certain models "that are pre-loaded with a competing Tier I service provider's software and firmware (which cannot be removed), and that are branded with this competing service provider's trademarks (which have been obscured). As a result, Mosaic must sell these products as `used' or `refurbished' even if they're essentially brand new."11 6. The Waiver Standard. Pursuant to section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
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    • the Wireless Telecommunications Bureau, consistent with the Commission's overarching goal of ensuring a timely transition to narrowband operations. The Commission has long emphasized its commitment to the January 1, 2013 deadline for migration to narrowband technology. Consequently, requests for waivers of the deadline will be subject to a high level of scrutiny under the waiver standard set forth in Section 1.925 of the Commission's rules, which requires the waiver petitioner to demonstrate either that ``(i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the waiver would be in the public interest; or (ii) [i]n view of unique or unusual factual circumstances of the instant
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    • and the Wireless Telecommunications Bureau, consistent with the Commission's overarching goal of ensuring a timely transition to narrowband operations. The Commission has long emphasized its commitment to the January 1, 2013 deadline for migration to narrowband technology.3Consequently, requests for waivers of the deadline will be subject to a high level of scrutiny under the waiver standard set forth in Section 1.925 of the Commission's rules, whichrequires the waiver petitioner to demonstrate either that "(i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the waiver would be in the public interest; or (ii) [i]n view of unique or unusual factual circumstances of the instant case,
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    • 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW, Washington DC 20554. . or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). . By the Chief, Broadband Division, Wireless Telecommunications Bureau. - FCC - See 47 C.F.R. �� 1.3, 1.925. . 47 C.F.R. � 90.1307. See also Wireless Operations in the 3650-3700 MHz Band, ET Docket No. 04-151, WT Docket No. 05-96, Report and Order, 20 FCC Rcd 6502, 6513-14 �� 31-32 (2005) (3650 MHz Order), recon. granted in part, Memorandum Opinion and Order, 22 FCC Rcd 10421 (2007). 47 C.F.R. � 90.1321(a). 47 C.F.R. � 90.1331(a). 47 C.F.R. �
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    • the licensee(s) of the satellite earth station(s) and the 3650-3700 MHz licensee mutually agree on such operation.5Fixed and base stations also may not be located within 80 km of specified Federal Government radiolocation facilities unless such operation is successfully coordinated by the Commission with the National Telecommunications and Information Administration.6With respect to mobile and portable stations, 1See47 C.F.R. �� 1.3, 1.925. 2SeeChevron USA, Application File No. 0003602351, as amended on Jan. 5, 2011, to attach an Updated Request for Waiver (Waiver Request) (available at: http://wireless2.fcc.gov/UlsApp/ApplicationSearch/results.jsp?applSearchKey=applSearchKey2011620135467. 347 C.F.R. � 90.1307. See alsoWireless Operations in the 3650-3700 MHz Band, ET Docket No. 04-151, WT Docket No. 05-96, Report and Order, 20 FCC Rcd 6502, 6513-14 �� 31-32 (2005) (3650 MHz Order), recon. granted
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    • us, we find that Beaumont has satisfied the Commission's waiver criteria in support of its request for a waiver. Thus, we grant Beaumont's request to add the requested sites to station WPMJ575 on frequency 854.3625 MHz. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Requests filed by the City of Beaumont with respect to application FCC File No. 0004431564 IS GRANTED as noted herein. IT IS FURTHER ORDERED that the Policy Division of the Public Safety and Homeland Security Bureau SHALL PROCESS application FCC File No. 0004431564 in accordance with this Order and
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    • are won in the same market, the winning bid amounts for the spectrum blocks serving tribal lands will be aggregated and the bidding credit limit will be applied against the aggregated amount. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to section 1.925 of the Commission's Rules. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit X: Tribal Lands Bidding Credit Waiver Requests.'' Exhibit X: Tribal Lands BIDDING CREDIT Waiver Requests Request for Additional Bidding Credit. If the applicant is seeking a credit in excess of the amount calculated according to section 1.2110(f)(3), the applicant must submit a waiver request,
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    • a file, select Attachment Type "Waiver" and enter "Exhibit F: Waiver Requests" in the Description field on the Attachments page. 4147 C.F.R. � 1.2110(j) ("[D]esignated entities must file with their long-form applications a copy of each such agreement."). 42See47 C.F.R. � 0.459; see alsodiscussion of confidentiality requests under "Exhibit E: Confidentiality Requests" below. 43See47 C.F.R. � 0.459. 44See47 C.F.R. � 1.925. 10519 E- Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a request for waiver is filed separately from the FCC Form 601, such request must refer to the corresponding application, including its file number. EXHIBIT G: MISCELLANEOUS INFORMATION In the event that a winning bidder
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    • decline, however, to hold IPSAN to the rebanding schedule in the Motorola Statement of Work and, instead, require that IPSAN complete rebanding of its system no later than July 31, 2012. If rebanding is not completed by that date, IPSAN may request a waiver of the deadline. Any such request for waiver shall conform strictly to the requirements of Section 1.925 of the Commission's rules, and will be granted if, and only if, failure to meet the deadline is due to factors beyond IPSAN's control. Vendor failure will not be deemed a factor beyond IPSAN's control. Sprint submits that IPSAN's disregard of the Bureau Order and its actions subsequent to release of the Bureau Order warrant a finding of bad faith.
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    • Commission's Rules. Accordingly, we grant the request for waiver to permit use of 450-470 MHz band frequencies for fixed service operations on a co-primary basis for operation of a wireless water management system with the requested technical parameters. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Lewisburg, West Virginia, on March 14, 2011, with respect to FCC File Number 0004650786 IS GRANTED, and application FCC File No. 0004650786 SHALL BE PROCESSED in accordance with this Order, ON THE FOLLOWING CONDITIONS: (1) Lewisburg shall maintain a record of the location of each remote
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    • on frequency 461.5625-.6125 MHz, and the associated remote units would transmit on frequency 452.6125-.6625 MHz; location 2 (Frankford Tank) would transmit on frequency 462.4625-.5125 MHz, and the associated remote units would transmit on frequency 451.0375-.0875 MHz; and location 3 (Ruffner Tank) would transmit on frequency 463.7375-.7875 MHz, and the associated remote units would transmit on frequency 451.3625-.4125 MHz. 15See47 C.F.R. �1.925(b)(3). 16SeeWaiver Request at 7-9. 10707 Federal Communications Commission DA 11-1316 in favor of the requested waiver.17 We conclude that Lewisburg has demonstrated that grant of the requested waiver is warranted under the circumstances presented. 7.Fixed operations in the 450-470 MHz band. The 450-470 MHz band is designated primarily for land mobile operations, but Section 90.261 of the Commission's Rules permits
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    • add frequency pairs 897/936.6625 MHz, 900/939.9750 MHz, and 900/939.9875 MHz to Amoco's license for Station WPAH364 will be granted, but Amoco's use of the frequencies under that license will be secondary to licensed itinerant operations. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 316(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 316(a), and Section 1.925 of Commission's Rules, 47 C.F.R. � 1.925, that the request for waiver filed by Amoco Chemical Company on June 9, 2010 in connection with FCC File No. 0004276640 IS GRANTED IN PART to the extent set forth above, and that application FCC File No. 0004276640 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is
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    • add frequency pairs 897/936.6625 MHz, 900/939.9750 MHz, and 900/939.9875 MHzto Amoco's license for Station WPAH364 will be granted, but Amoco's use of the frequencies under that license will be secondary to licensed itinerant operations. 6. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 316(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 316(a), and Section 1.925 of Commission's Rules, 47 C.F.R. � 1.925, that the request for waiver filed by Amoco Chemical Company on June 9, 2010 in connection with FCC File No. 0004276640 IS GRANTED IN PART to the extent set forth above, and that application FCC File No. 0004276640 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. 7. This action
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    • meantime, it can seek special temporary authority (STA) pursuant to Section 1.931 of the Commission's Rules. In view of the foregoing, we find that grant of FKEC's requested waiver is not in the public interest. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the request for waiver of Section 1.949(a) of the Commission's Rules filed May 9, 2011 by Florida Keys Electric Cooperative Association, Inc. IS DENIED, and application File Nos. 0004721541 and 0004721577 SHALL BE DISMISSED. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules,
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    • 11486 � 22. 12Id. at 11485 � 22. 13See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed renewal applications after the licenses expired, and dismissing the subject applications). 1447 C.F.R. � 1.949(a). 1547 C.F.R. � 1.955(a)(1). 1647 C.F.R. � 1.925(b)(3). 17SeeMr. Roger Given, Vice President, Transmission and Storage Operations, Columbia Gas Transmission Company, Letter, 24 FCC Rcd 11769 (WTB BD 2009) (Columbia Gas); Fresno City and County Housing 11324 Cris Beaty and submitting a renewal application to the Commission in a timely manner.18While we note FKEC's allegations concerning a renewal reminder notice, arenewalreminder is merely a courtesy,and whether or not
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    • AT GREATER POWER THAN PERMITTED BY PART 90 RULES File No. 0004776280 Comment Date: September 23, 2011 Reply Comment Date: September 28, 2011 The Public Safety and Homeland Security Bureau seeks comment on the application and waiver request, initially filed on June 22, 2011, by Shelby County, Alabama (the County or Shelby). The County seeks waiver relief ``Pursuant to Section 1.925 of the Commission's Rules, 47 C.F.R. �1.925, ... to allow Shelby to become licensed for certain Industrial/Business Pool [I/B] frequencies.'' Specifically, Shelby seeks to use ten I/B frequencies, four FB8 and six MO8, respectively. Shelby's frequency coordinator notes that ``two Part 22 channels will be used as FB8's to complete the frequency pairings'' for its system and has been filed
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    • is, under the control of law enforcement, and only when such individuals are reported missing, lost, or when established boundaries are violated.'' Thus, we conclude that a waiver of Section 2.106 is necessary to permit operation of PATs by non-law enforcement public safety entities. As set forth below, we also conclude that grant of a partial waiver is warranted. Section 1.925 of the Commission's rules provides that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that ``(i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the waiver would be in the public interest; or (ii) [i]n view of unique
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    • notifications for two of the licenses in question. In light of our decision to dismiss the late-filed renewal applications, which will result in cancellation of the licenses, we will dismiss the construction notifications as moot. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the request for waiver of Section 1.949(a) of the Commission's Rules filed July 7, 2011 by airBand Communications, Inc. IS DENIED, and applications File Nos. 0004794705, 0004794706, 0004794707, and 0004794708 SHALL BE DISMISSED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended,
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    • 11486 � 22. 14Id. at 11485 � 22. 15See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed renewal applications after the licenses expired, and dismissing the subject applications). 1647 C.F.R. � 1.949(a). 1747 C.F.R. � 1.955(a)(1). 1847 C.F.R. � 1.925(b)(3). 19SeeMr. Roger Given, Vice President, Transmission and Storage Operations, Columbia Gas Transmission Company, Letter, 24 FCC Rcd 11769 (WTB BD 2009) (Columbia Gas); Fresno City and County Housing Authorities, Order on Reconsideration, 15 FCC Rcd 10998, 11002 � 11 (WTB PSPWD 2000) (citing Plumas-Sierra Rural Electric Cooperative, Order, 15 FCC Rcd 5572, 5575� 9 (WTB PSPWD 2000)). 13053 Ray V.
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    • not limited to, the requirement to file timely extension requests, without good cause shown, may result in further action by the Commission, including consideration of whether the licensee's continued rebanding costs should be deemed not recoverable from Sprint. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008, deadline submitted by the licensees listed in Appendix A of this order are GRANTED, GRANTED IN PART, OR HELD IN ABEYANCE, to the extent discussed herein. FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral (Ret.) Chief,
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    • further note that any future request for additional time will be subject to a high level of scrutiny and must include a showing that the County has made substantial progress towards completion of the system. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.925, 1.946(e), and 90.629 of the Commission's rules, 47 C.F.R. �� 1.925, 1.946(e), 90.629, that the Request for Waiver and Further Extended Implementation Authorization, filed by the County of Los Angeles on August 30, 2011, in connection with application File Nos. 0004863991, 0004863992, 0004863993, 0004863994, 0004863995, 0004863996, 0004863997, 0004863998, 0004863999, 0004864000, 0004864001, 0004864002, 0004864003, 0004864004, 0004864005, 0004864006, 0004864007, 0004864008, 0004864009, and
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    • Rockne Educational Television, Inc., and Albion Community Development, Inc. (filed Aug. 2, 2010) (Opposition) at 1-3. Id. at Attachment 1. Opposition, Affidavit of Doreen Wilson. Id. at 5 and n.13. Id. at 4-5. Id. at 2-3. Reply to Opposition to Petition to Deny, Benton Foundation (filed Aug. 9, 2010) (Benton Reply) at 2. Id. Id. at 2. 47 C.F.R. � 1.925(b)(3). See Wireless Telecommunications, Inc., Memorandum Opinion and Order, 24 FCC Rcd 3162, 3166 � 10 (WTB 2009). Extension Request at 1-2. See Benton Petition at 3-5. We also note that the Extension Motion did not comply with 47 C.F.R. � 1.46(b), which requires that such motions be filed at least seven days before the filing date, and 47 C.F.R. �
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    • have filed its Petition within the normal time period established by the rule. Benton's Petition relies on information readily available in � � 12Opposition, Affidavit of Doreen Wilson. 13Id.at 5 and n.13. 14Id.at 4-5. 15Id. at 2-3. 16Reply to Opposition to Petition to Deny, Benton Foundation (filed Aug. 9, 2010) (Benton Reply) at 2. 17Id. 18Id.at 2. 1947 C.F.R. � 1.925(b)(3). SeeWireless Telecommunications, Inc., Memorandum Opinion and Order, 24 FCC Rcd 3162, 3166 � 10 (WTB 2009). 20Extension Request at 1-2. 14404 Federal Communications Commission DA 11-1732 the applications, the Commission's records, and the Internet.21Furthermore, none of Benton's arguments is particularly complicated. Under these circumstances, we believe that granting the Extension Request would be inconsistent with the Commission's judgment that fourteen
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    • Technical Committee 34, and neither is currently recognized fully by an IEEE Standard though both are currently under consideration. ANSYS asserts that the literature provided supports a request under Section 1.3 of Commission rules for waiver of Section 1.1307(b)(2) to allow parties to employ FEM-based approaches. ANSYS asserts that its request for waiver is consistent with the requirements of Section 1.925(b)(3), which establishes the basis for evaluating requests for waiver in that (1) the underlying purpose of Section 1.1307(b)(2) would not be served by excluding FEM-based methods and granting the request would be in the public interest; and (2) the unusual circumstances of the exclusion of FEM-based methods from our rules is inequitable, unduly burdensome, contrary to the public interest, and
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    • Bureau's decision. Indeed, Hind's request for de novo review is a one-page, one-sentence document. Thus, even assuming, arguendo, that Hinds did not receive the Hinds Order until ``several days'' after its release, it could have prepared a timely notice of appeal had it exercised ordinary diligence. Instead, it procrastinated and filed the De Novo Review Petition 15 days late. Section 1.925 of the Commission's rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
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    • to permit the late filing of a subsequent renewal application where the licensee acted in good faith and moved promptly to file a proper renewal application after learning that the original attempt fell short. Consequently, the renewal applications were granted. Petitioners filed a petition for reconsideration. On reconsideration, Petitioners argue that PSI's circumstances did not meet the requirements of Section 1.925 of the Commission's Rules for a waiver, and that the Division failed to refute their arguments that the waiver requests should be denied. Petitioners also argue that all applications should not have been granted because PSI does not possess the character and fitness to be a Commission licensee. Specifically, Petitioners allege that PSI's conduct with respect to other licenses demonstrates
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    • waiver to permit the late filing of a subsequent renewal application where the licensee acted in good faith and moved promptly to file a proper renewal application after learning that the original attempt fell short.5Consequently, the renewal applications were granted. Petitioners filed a petition for reconsideration.6 4.On reconsideration, Petitioners argue that PSI's circumstances did not meet the requirements of Section 1.925 of the Commission's Rules7for a waiver, and that the Division failed to refute their arguments that the waiver requests should be denied.8Petitioners also argue that all applications should not have been granted because PSI does not possess the character and fitness to be a Commission licensee.9Specifically, Petitioners allege that PSI's conduct with respect to other licenses demonstrates that PSI lacks
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    • shown, may result in further action by the Public Safety and Homeland Security Bureau, including consideration of whether the licensee has breached its good faith obligations and is no longer entitled to recover its rebanding costs from Sprint. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 1.925, IT IS ORDERED that the requests for waiver of the April 14, 2011, deadline submitted by the licensees listed in Appendix A of this order are GRANTED, GRANTED IN PART, OR HELD IN ABEYANCE, to the extent discussed herein. FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral (Ret.) Chief,
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    • within its construction period to notify the Commission by filing an FCC Form 601 within 15 days of the expiration of the applicable construction deadline. Finally, a licensee may request an extension of a construction deadline, but the request must be filed before the expiration of the construction period. We note that a waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application of the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rules would be
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    • service within its construction period to notify the Commission by filing an FCC Form601 within 15 days of the expiration of the applicable construction deadline.5 Finally, a licensee may request an extension of a construction deadline, but the request must be filed before the expiration of the construction period.6 We note that a waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application of the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rules would be
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    • 80 of the Commission's Rules Concerning Maritime Communications, Fourth Report and Order and Second Memorandum and Opinion, WT Docket No. 00-48, 25 FCC Rcd 7781, 7806 (2010). Non-portable DSC equipment that does not conform to ITU-R Recommendation M.493-13 installed before the deadline may be used indefinitely. See 47 C.F.R. � 80.225(a)(6). See 76 Fed. Reg. 67604 (Nov. 2, 2011). Section 1.925 of the Commission's Rules provides that a rule may be waived upon a showing that ``(i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the waiver would be in the public interest; or (ii) [i]n view of unique or unusual factual circumstances of
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    • Parts 13 and 80 of the Commission's Rules Concerning Maritime Communications, Fourth Report and Order and Second Memorandum and Opinion, WT Docket No. 00-48, 25 FCC Rcd 7781, 7806 (2010). 4Non-portable DSC equipment that does not conform to ITU-R Recommendation M.493-13 installed before the deadline may be used indefinitely. See47 C.F.R. �80.225(a)(6). 5See76 Fed. Reg. 67604 (Nov. 2, 2011). 6Section 1.925of the Commission's Rules provides that a rule may be waived upon a showing that "(i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the waiver would be in the public interest; or (ii) [i]n view of unique or unusual factual 16782 have unintended
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    • it is fully aware of its obligation to demonstrate through field tests that its system does not cause unacceptable interference to Part 15 devices operating in the band. discussion We grant Progeny's request for waiver of Sections 90.155(e) and 90.353(g) of the Commission's rules to the extent discussed herein. To obtain a waiver of the Commission's rules, pursuant to Section 1.925(b)(3), a petitioner must demonstrate that particular facts make strict compliance with a rule inconsistent with the public interest and the requested relief would not undermine the policy objectives of the rule. Based on the record, we conclude that grant of the requested waivers is warranted. Below, we first discuss waiver of Sections 90.155(e) and 90.353(g) and then the interference concerns
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    • fully aware of its obligation to demonstrate through field tests that its system does not cause unacceptable interference to Part 15 devices operating in the band.52 II. DISCUSSION 13. We grant Progeny's request for waiver of Sections 90.155(e) and 90.353(g) of the Commission's rules to the extent discussed herein. To obtain a waiver of the Commission's rules, pursuant to Section 1.925(b)(3),53a petitioner must demonstrate that particular facts make strict compliance with a rule inconsistent with the public interest and the requested relief would not undermine 44Id. at 3-4 (citing section 90.353(d) of the rules, which requires M-LMS licensees to demonstrate through actual field tests that their systems do not cause unacceptable levels of interference to part 15 devices). 45Havens Comments at
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    • meets the requirements of Section 90.187. In addition, we grant a waiver of Section 90.35(c)(6) to permit WVU to use frequencies 157.5675 MHz, 157.6125 MHz, 157.6500 MHz, 157.6800 MHz, and 157.7100 MHz in non-standard pairs. Accordingly, IT IS ORDERED, pursuant to Sections 2 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 152, 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the request for waiver filed by West Virginia University on October 26, 2010 in connection with FCC File No. 0004362859 IS GRANTED, and that application FCC File No. 0004362859 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken pursuant to delegated authority granted under
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    • meets the requirements of Section 90.187. In addition, we grant a waiver of Section 90.35(c)(6) to permit WVU to use frequencies 157.5675 MHz, 157.6125 MHz, 157.6500 MHz, 157.6800 MHz, and 157.7100 MHz in non-standard pairs. 10.Accordingly, IT IS ORDERED, pursuant to Sections 2 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 152, 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the request for waiver filed by West Virginia University on October 26, 2010 in connection with FCC File No. 0004362859 IS GRANTED, and that application FCC File No. 0004362859 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. 11.This action is taken pursuant to delegated authority granted under
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    • a prerequisite under the Administrative Procedure Act, but to justify an ad hoc exception to that standard in a particular case. Storer Broadcasting Co., 14 RR 742, 746-7 (1956); VHF Drop-In Proceeding, Memorandum Opinion and Order, 90 FCC 2d 160, 166 (1982), aff'd sub nom. Springfield Television of Utah, Inc. v. F.C.C., 710 (F.2d 620 (10th Cir.1983). 47 C.F.R. � 1.925(b)(3). Reply at 3. Opposition at 16 n.41 (asserting but not explaining how a 35 watt public safety mobile ``would impact Sprint Nextel's co-channel operations well outside the `buffer' area, rendering these same channel (sic) unusable for Sprint Nextel well outside the metro and suburban areas of Detroit''). Reply at 4. See, e.g., Guide to Radio Communications Interoperability Strategies and Product
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of COUNTY OF LANCASTER, PENNSYLVANIA Request For Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules, to Operate a County-Wide Trunked Public Safety Communications System Using Frequencies in the Television Channel 15 (476-482 MHz) Band ) ) ) ) ) ) ) ) ) ) File Nos. 0003458819, 0003458876, 0003458877 Order Adopted: February 9, 2011 Released: February 9, 2011 By the Chief, Public Safety and Homeland Security Bureau: introduction The County of
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    • on disputed issues and will prepare and submit a Recommended Resolution, along with the Mediation Record, to the FCC for de novo review. Additional information about mediation can be found in the TA's Alternative Dispute Resolution Plan. http://www.800ta.org/content/resources/ADR_Plan.pdf. See Fourth R&O, DA 11-315 at n.26. Applicants may request an exception to the freeze pursuant to the waiver criteria in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet the waiver standard. Public Safety and Homeland Security Bureau Provides Guidance for Public Safety Licensees With Regard to License Application and Special Temporary
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 11-322 Released: February 18, 2011 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) REQUEST FOR WAIVER OF CERTAIN PART 80 AUTOMATED MARITIME TELECOMMUNICATIONS SYSTEM (AMTS) RULES TO IMPLEMENT POSITIVE TRAIN CONTROL (PTC) WT Docket No. 11-27 Comment Date: March 11, 2011 Reply Date: March 21, 2011 Pursuant to sections 1.3 and 1.925 of the Commission's rules, the Wireless Telecommunications Bureau (Bureau) seeks comment on a request for waiver filed by National Railroad Passenger Corporation (Amtrak) on January 3, 2011, regarding certain Part 80 Automated Maritime Telecommunications System (AMTS) rules to implement its planned Advanced Civil Speed Enforcement System (ACSES), a ``positive train control'' (PTC) system in the AMTS bands (217-218 MHz and
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    • 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 11-322 Released: February 18, 2011 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) REQUEST FOR WAIVER OF CERTAIN PART 80 AUTOMATED MARITIME TELECOMMUNICATIONS SYSTEM (AMTS) RULES TO IMPLEMENT POSITIVE TRAIN CONTROL (PTC) WT Docket No. 11-27 Comment Date: March 11, 2011 Reply Date: March 21, 2011 Pursuant to sections 1.3 and 1.925 of the Commission's rules,1the Wireless Telecommunications Bureau (Bureau) seeks comment on a request for waiver filed by National Railroad Passenger Corporation (Amtrak) on January 3, 2011, regarding certain Part 80 Automated Maritime Telecommunications System2(AMTS) rules to implement its planned Advanced Civil Speed Enforcement System (ACSES), a "positive train control" (PTC) system in the AMTS bands (217-218 MHz and 219-220 MHz)
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    • frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. See 47 C.F.R. � 1.925(b)(3). See 47 C.F.R. � 1.946(e). EBS licensees are not subject to application fees. See 47 C.F.R. � 1.1102. With a renewal application, only the licensee's administrative information or contact information can be updated. EBS licensees are not subject to application fees. See 47 C.F.R. � 1.1102. As will be detailed below, EBS licensees relying on the EBS-specific safe harbor will
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    • be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. See47 C.F.R. � 1.925(b)(3). 14See47 C.F.R. � 1.946(e). 2154 link in the "Work on This License" box on the right side of the screen. The system will then launch an NT application for the call sign from which the application was initiated. Call signs cannot be added to an application that is initiated for a single call sign. Multiple Call Signs: To launch an
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    • to discontinue operation until June 30, 2013 of other existing Part 90 and Part 22 stations that will be part of its PLMR network. Subsequent requests should reference this Order by the DA number in the header. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Waiver for Slow Growth Authority filed by Pacific Gas & Electric Company in connection with applications File Nos. 0004269966, 0004269967, 0004269968, and 0004340739, and the Request for Waiver of Discontinuance Rules Authority filed by Pacific Gas & Electric Company in connection with applications File Nos. 0004316492, 0004338881, 0004411788, and
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    • a justified additional period of time to upgrade its PLMR system in order to increase efficiency,improve (...continued from previous page) to the former licensees, and has made arrangements for at least periodic use of these frequencies pending action on the present waiver requests. Discontinuance Waiver Requestat 4 n.1. 21Discontinuance Waiver Request at 3. 22Id. at 11. 23Id. 2447 C.F.R. � 1.925; seeWAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). 25See PTC-220, LLC, Memorandum Opinion and Order, 24 FCC Rcd 8537, 8540 � 7 (WTB2009). 26See Northstar Technology, LLC, Memorandum Opinion and Order, 24 FCC Rcd 13476, 13479 �� 8-9 (WTB/OMD 2009). 27Discontinuance Waiver Request at 6. That PG&E does not intend to warehouse spectrum is further demonstrated by the
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    • and CTN request. conclusion and ordering clauses For the reasons discussed above, we waive the requirements for licensees to individually file extension requests. We also extend the deadline for all EBS licensees to demonstrate substantial service to November 1, 2011. ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 1.946(e) of the Commission's Rules, 47 C.F.R. �� 1.925 and 1.946(e) that the Request for Waivers and Extensions of Time to Construct filed by the National EBS Association and the Catholic Television Network on February 9, 2011 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C.
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    • 22, 2011); Comments of the School Board of Miami-Dade County, Florida (filed Feb. 17, 2011); Thrun Law Firm, P.C. Comments (filed Feb. 18, 2011); Supporting Comments of University of Maryland Eastern Shore and Salisbury University (filed Feb. 22, 2011). 15Fluvanna County Public Schools Reply Comments (filed Mar. 1, 2011). 16Waiver Request at 4. 47 C.F.R. � 1.946(e). 1747 C.F.R. � 1.925(b)(3). 18BRS/EBS R&O,19 FCC Rcd at 14197 � 72. 47 C.F.R. � 27.1230. 4023 Federal Communications Commission DA 11-532 spectrum, and incorporate the new technology into their educational program.19Because EBS licensees all face the same challenges and the same deadline for demonstrating substantial service, they are similarly situated, so requiring them each to file individual extension requests would be repetitive. Moreover,
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    • a secondary basis.8 3. The Bureaus sought comment on the waiver request.9 In response, over seventy comments were filed. Generally, public safety and law enforcement entities commented in support of the waiver request, and amateur radio commenters (including ARRL, but not the other petitioners) opposed it.10 4. After consideration of the record, the Bureaus granted the request pursuant to Section 1.925(b)(3)(i) of the Commission's rules, which provides authority to grant a waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest.11 The Bureaus concluded that the underlying purpose of the rules would not be served by strict
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    • a secondary basis.8 3. The Bureaus sought comment on the waiver request.9 In response, over seventy comments were filed. Generally, public safety and law enforcement entities commented in support of the waiver request, and amateur radio commenters (including ARRL, but not the other petitioners) opposed it.10 4. After consideration of the record, the Bureaus granted the request pursuant to Section 1.925(b)(3)(i) of the Commission's rules, which provides authority to grant a waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest.11 The Bureaus concluded that the underlying purpose of the rules would not be served by strict
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    • FCC Rcd 5762, 5763 � 4 (WTB MD 2010) (2010 Division Order), recon pending; Paging Systems, Inc., Memorandum Opinion and Order, 22 FCC Rcd 1294, 1299-1300 � 9 (WTB BD 2007), recon. dismissed, Order on Reconsideration, 23 FCC Rcd 7458 (WTB BD 2008), review dismissed, Letter, 24 FCC Rcd 13776 (WTB BD 2009), recon. pending. 12 See 47 C.F.R. � 1.925(b)(3). 13 Petition to Deny at 6. Federal Communications Commission DA 11-680 3 MD. Moreover, this Division's predecessor14 held that the filing of a timely but defective renewal application warranted a waiver to permit the late filing of a subsequent renewal application, where the licensee acted in good faith and moved promptly to file a proper renewal application after learning that
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    • Reconsideration and Order, 25 FCC Rcd 5762, 5763 � 4 (WTB MD 2010) (2010 Division Order),recon pending; Paging Systems, Inc., Memorandum Opinion and Order, 22 FCC Rcd 1294, 1299-1300 � 9 (WTB BD 2007), recon. dismissed,Order on Reconsideration, 23 FCC Rcd 7458 (WTB BD 2008), review dismissed,Letter, 24 FCC Rcd 13776 (WTB BD 2009), recon. pending. 12See 47 C.F.R. � 1.925(b)(3). 13 Petition to Deny at 6. 5914 Federal Communications Commission DA 11-680 MD. Moreover, this Division's predecessor14 held that the filing of a timely but defective renewal application warranted a waiver to permit the late filing of a subsequent renewal application, where the licensee acted in good faith and moved promptly to file a proper renewal application after learning that
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    • spectrum allocated for Part 22 point-to-point and trunked mobile operations, Garden City Park seeks waiver pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 20.9(a)(6), 22.621, 22.623, and 22.651 of the Commission's rules, to use these frequencies for public safety purposes. In the alternative, the Fire District seeks a waiver pursuant to Section 1.925 of the Commission's rules. By this Order, we grant the Waiver Request as discussed herein. BACKGROUND The Fire District is part of a combined water and fire district that covers a one square mile area in Nassau County, New York. As the parent agency of the all-volunteer Garden City Park Fire Department, the Fire District is responsible for insuring that
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    • twelve frequencies designated for land mobile use under Part 22 of the Commission's rules for public safety purposes. Marin seeks waiver of Sections 20.9(a)(6) and 22.621 of the Commission's rules (and such other rule sections that may be necessary) pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, pursuant to Section 1.925 of the Commission's rules. By this Order, we deny Marin's request for relief under Section 337(c) but grant it under Section 1.925, as conditioned herein. background Marin's Waiver Request. Marin County asserts that its proposed facilities on the requested frequencies ``will be part of an existing integrated Public Safety Law Enforcement and Fire Service communications system in the 470-512 MHz
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    • concerning the new systems it will implement to ensure timely filings in the future. We expect Columbia, as well as other applicants, to strictly adhere to such standards and comply with the Commission's licensing requirements. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the requests for waiver of Section 1.949(a) of the Commission's Rules filed January 31, 2011, February 1, 2011, February 2, 2011, and February 23, 2011, by Columbia Gas Transmission Corporation ARE GRANTED. IT IS FURTHER ORDERED that the licensing staff of the Broadband Division SHALL PROCESS renewal application File Nos. 0004597533,
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    • concerning the new systems it will implement to ensure timely filings in the future. We expect Columbia, as well as other applicants, to strictly adhere to such standards and comply with the Commission's licensing requirements. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the requests for waiver of Section 1.949(a) of the Commission's Rules filed January 31, 2011, Telecommunications Services, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476, 11485 � 22 (1999) (ULS MO&O). 18Id. at 11486 � 22. 19Id. at 11485 � 22. 2047 C.F.R. � 1.949(a).
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    • meantime, it can seek special temporary authority (STA) pursuant to Section 1.931 of the Commission's Rules. In view of the foregoing, we find that grant of HECO's requested waiver is not in the public interest. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the request for waiver of Section 1.949(a) of the Commission's Rules filed February 2, 2011 by Hawaiian Electric Company, Inc. IS DENIED, and application File No. 0004599532 SHALL BE DISMISSED. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131,
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    • new regular authorization for this station, it may file a new, properly coordinated application.24If it needs to continue operating the facilities in the meantime, it can seek special temporary authority (STA) pursuant to Section 1.931 of the Commission's Rules.25In view of the foregoing, we find that grant of HECO's requested waiver is not in the public interest. 1947 C.F.R. � 1.925(b)(3). 20SeeMr. Roger Given, Vice President, Transmission and Storage Operations, Columbia Gas Transmission Company, Letter, 24 FCC Rcd 11769 (WTB BD 2009) (Columbia Gas); Fresno City and County Housing Authorities, Order on Reconsideration, 15 FCC Rcd 10998, 11002 � 11 (WTB PSPWD 2000) (citing Plumas-Sierra Rural Electric Cooperative, Order, 15 FCC Rcd 5572, 5575 � 9 (WTB PSPWD 2000)). 21ULS MO&O,
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    • in an economically feasible manner. Longhorn argues that the lack of equipment issue that prompted the 2004 three-year extension for 220 MHz licensees caused a late start for licensees and the same consideration should apply to the ten-year requirement. Consequently, Longhorn seeks to extend the build-out deadline to March 31, 2012. Discussion. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) unique or unusual factual circumstances exist, such that application of the rule would be inequitable, unduly
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    • construct in an economically feasible manner. Longhorn argues that the lack of equipment issue that prompted the 2004 three-year extension for 220 MHz licensees caused a late start for licensees and the same consideration should apply to the ten-year requirement.17Consequently, Longhorn seeks to extend the build-out deadline to March 31, 2012. Discussion. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) unique or unusual factual circumstances exist, such that application of the rule would be inequitable, unduly
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    • or operate radios pursuant to this waiver are not eligible for reimbursement of the purchase price, reprogramming costs, or any other costs associated with modifying the equipment when a licensee migrates from the Guard Band. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the waiver request filed by Thales Communications, Inc. on September 20, 2010, IS GRANTED to the extent discussed herein SUBJECT TO THE FOLLOWING CONDITIONS: 1. Equipment produced and marketed pursuant to this waiver shall be field-programmable, such that channels in the frequency range 775-776/805-806 MHz are removed from the radio at the
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    • Jersey. See File No. 0004512973 (Nov. 30, 2010). The application was dismissed on February 4, 2011. See Dismissal Notice 5105831 (dated Feb. 4, 2011). See City of Summit, New Jersey, Order, 20 FCC Rcd 16181 (WTB PSCID 2005) (2005 Order). See City of Summit, New Jersey, Order, 25 FCC Rcd 8189 (PSHSB Policy 2010) (2010 Order). See 47 C.F.R. � 1.925. See 47 C.F.R. � 90.155(a). The license for Station WQDR764 was issued October 17, 2005, so the first construction deadline was October 17, 2006. See File No. 0002588217 (May 1, 2006) (Request to be Converted to Slow Growth). See 47 C.F.R. � 90.629 (extended implementation period). Summit's license expressly stated that ``[f]ailure to certify annually as to station construction commitments
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    • burden for small business concerns with fewer than 25 employees,'' pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, THIS ORDER in PS Docket No. 06-229 is ADOPTED. IT IS FURTHER ORDERED that the Waiver Request filed by the State of Texas is GRANTED WITH CONDITIONS, as specified herein. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392.
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    • Committee (NCC) was a Federal Advisory Committee chartered to provide the Commission with recommendations on the optimum use of the 700 MHz public safety spectrum that became available as a consequence of the digital television transition. Fourth Report and Order, 17 FCC Rcd at 2036 � 42. Id. 2034 at � 37. Id. 47 C.F.R. � 90.531(b)(1)(iii). 47 C.F.R. � 1.925(b)(3)(i)-(ii). In order to facilitate interoperability, we require that the deployable repeater systems authorized by this waiver be ``open,'' i.e., they shall not require a system key. In addition, Florida must advise all potential authorized users of the repeaters of the frequencies and other parameters of the deployable repeaters. See Petition for Rulemaking of the National Public Safety Telecommunications Council at
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    • that Petitioners have proposed no mechanism to ensure that these agencies will relinquish VHF/UHF spectrum. IMSA and IAFC also support the Waiver Requests but question whether it is necessary for the Bureau to issue a narrative public notice seeking comment each time a licensee files a request for waiver of the narrowbanding deadline. discussion Petitioners seek relief pursuant to Section 1.925 of the Commission's rules, which provides that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the waiver would be in the public interest; or (ii) in view of
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    • to deny Third District's applications and waiver requests. Third District replied on December 19, 2011. discussion We initially deny Third District's request for waiver of the Commission's freeze on accepting new applications in the 800 MHz band because it has not met either prong of the Commission's standard for granting waivers. We may grant a waiver request, pursuant to Section 1.925 of the Commission's rules, if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances of the instant case, application of
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    • the Commission to deny Third District's applications and waiver requests.24Third District replied on December19, 2011.25 III. DISCUSSION 8. We initially deny Third District's request for waiver of the Commission's freeze on accepting new applications in the 800MHz band because it has not met either prong of the Commission's standard for granting waivers. We may grant a waiver request, pursuant to Section1.925 of the Commission's rules, if it is shown that: (1)the underlying purpose of the rule would not be served or would befrustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2)in view of unique or unusual factual circumstances of the instant case, application of the rule would
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    • commences service within its construction period to notify the Commission by filing an FCC Form 601 within 15 days of the expiration of the applicable construction deadline. Commission rules therefore required Springfield to construct Station WQAU423 by August 9, 2005, and to file its construction notification within 15 days. We note that a waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application of the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rules would be
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    • commences service within its construction period to notify the Commission by filing an FCC Form 601 within 15 days of the expiration of the applicable construction deadline.5 Commission rules therefore required Springfield to construct Station WQAU423 by August 9, 2005, and to file its construction notification within 15 days. We note that a waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application of the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rules would be
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    • are based on the specific applications before us, we will require separate waivers for utilities other than DE or ITC that seek to use 800 MHz public safety spectrum in the MPSCS network. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.925, 90.179(a) and 90.523 of the Commission's rules, 47 C.F.R. �� 1.925, 90.179(a), 90.523, that the Waiver Requests by the State of Michigan and Detroit Edison and the State of Michigan and ITC Transmission ARE GRANTED. We take this action under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191 and 0.392. FEDERAL COMMUNICATIONS
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of STATE OF VERMONT Request For Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) File Nos. 0003628199, 0003628331, 0003628464, 0003628465, and 0003628607 Order Adopted: March 7, 2012 Released: March 7, 2012 By the Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau: introduction On October 28, 2008, the State of Vermont (Vermont, or the State), filed ten applications, five of which
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    • frequency coordination report indicates that there are numerous Public Safety channels available in the area.'' The Bureau stated that, ``[i]t is not in the public interest to place important safety of life communications on Industrial/Business channels while Public Safety frequencies are unused in the area.'' Accordingly, the Bureau denied the waiver request and dismissed the associated application, pursuant to Section 1.925(b)(3)(ii). On February 22, 2008, Boone filed the instant Petition seeking reconsideration of the dismissal. Discussion Section 1.106 sets forth the procedures, requirements and standards for a petition for reconsideration. Section 1.106(d)(2) requires the petitioner to cite the findings of fact and or conclusions of law which petitioner believes to be erroneous. Boone's Petition does not present any new facts. Rather
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    • WT Docket No. 02-55, Public Notice, 23 FCC Rcd 18343 (PSHSB 2008) (announcing the availability of Sprint-vacated spectrum for public safety use). Therefore, although we are denying SECC's short-spacing waiver request and dismissing its inter-category sharing waiver request for use of frequency 813/858.3125 MHz, we will process its application to add frequency 809/854.3125 MHz to its license. 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). WAIT Radio v. FCC, 413 F.2d 1153, 1157 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1973), cert. denied, 409 U.S. 1027 (1972) (citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968)); Birach Broad. Corp., Memorandum Opinion and Order, 18 FCC Rcd 1414, 1415 (2003). See 47 C.F.R. � 90.621(b)(4). See
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    • note that these parties took immediate action to make payment and that the delays were short in duration. Accordingly, we grant each request. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver requests by the City of San Antonio, Texas; the District of Columbia; the New York State Office of Technology on behalf of the State of New York; the State of New Mexico Department of Information Technology; the City of Chesapeake, Virginia; and the City of New York, New York ARE
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    • 18. Waiver Recipients Filing at 2. Id. Id. For instance, a search of the Commission's Universal Licensing System (ULS) database reveals that SAIC holds a license for the use of radio frequencies ``to coordinate maintenance and security operations'' at an SAIC facility. See Universal Licensing System, File No. 0003577160 (Sept. 10, 2008) (Call Sign WQIX751) . See 47 C.F.R. �� 1.925(b)(3)(i-ii). See PLMN ID Order at 9 � 21. See id. (continued....) Federal Communications Commission DA 12-423 Federal Communications Commission DA 12-423 " # � � � `�� �@��� @& E � H H 0 H 0 q q s s �
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    • public interest. We therefore deny its request for waiver of Section 1.949(a) of the Commission's Rules and direct dismissal of its renewal applications. Its request for extension of the substantial service deadline is therefore moot. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 1.949 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.949, that the request for waiver of Section 1.949(a) of the Commission's Rules filed on April 12, 2010 by LMDS Ventures, as supplemented on August 13, 2010, IS DENIED, and application File Nos. 0004207852 and 0004207845 SHALL BE DISMISSED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of
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    • 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476, 11485 � 22 (1999) (ULS MO&O). 11Id. at 11486 � 22. 12Id. at 11485 � 22. 1347 C.F.R. � 1.925(b)(3). 14August Waiver Request at 2-3. 15See, e.g., WSYX Licensee, Inc., Order, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of Section 1.949 of the Commission's Rules to allow submission of late-filed renewal applications after the licenses expired, and dismissing the subject applications). 16SeeMr. Roger Given, Vice President, Transmission and Storage Operations, Columbia Gas Transmission Company, Letter,
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    • application fail to justify a waiver of Sections 1.949(a) of the Commission's rules. We therefore deny the Waiver Request and declare that LSU's license to operate Station WND423 automatically terminated as of July 30, 2008. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 1.949(a) of the Commission's Rules, 47 C.F.R. �� 1.925, 1.949(a) that the request for waiver of Section 1.949(a) of the Commission's rules filed by the LSU Alumni Association on April 21, 2010 IS DENIED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections
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    • E. Verlin, Executive Vice President, Xanadoo Company to Federal Communications Commission). 40See National EBS Association and Catholic Television Network, Memorandum Opinion and Order, 26 FCC Rcd 4021 � 1 (WTB/2011). 41SeePegasus Rural Broadband, LLC et al., Case No. 11-11772 (DE June 10, 2011). 42File No. 0004941961 (filed Nov. 7, 2011) (Extension Application, Request for Waiver) at 1. 4347 C.F.R. � 1.925(b)(3). 3023 Federal Communications Commission DA 12-490 standard and "long-standing precedent."44Furthermore, LSU acknowledges that its track record of meeting FCC deadlines is "not acceptable" and states that it has taken measures "to remedy that failure."45 13.The Commission's policy regarding reinstatement procedures in the Wireless Radio Services is as follows: Renewal applications that are filed up to thirty days after the expiration
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    • Dec. 7, 2011) at 1. Id. at 1. Id. Petition. .Petition at 2. Waiver and Extension Request at 1. Petition at 2. See Wireless Telecommunications Bureau Announces Deployment of ``Auto-Term,'' The Automated Feature in its Universal Licensing System that Identifies Unconstructed Stations Resulting in Automatic Termination of Licenses, Public Notice, 21 FCC Rcd 163 (WTB 2006). See 47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. � 1.3. BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing 47 U.S.C. � 309(j)(4)(B). 116 Late-Filed Renewal
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    • of its license regardless of whether it leases the excess capacity of Station WHR893. 31Waiver and Extension Request at 1. 32Petition at 2. 33See Wireless Telecommunications Bureau Announces Deployment of "Auto-Term," The Automated Feature in its Universal Licensing System that Identifies Unconstructed Stations Resulting in Automatic Termination of Licenses, Public Notice, 21 FCC Rcd 163 (WTB 2006). 34See47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027(1972); 47 C.F.R. �1.3. 35BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing47 U.S.C. � 309(j)(4)(B). 36116 Late-Filed Renewal ApplicationsMO&O, 24 FCC
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    • not a valid basis for an extension. Applicants also contend that it would be "contrary to the public interest to deny the waiver and potentially require the return of the spectrum to the Commission when the Licensee has shown that they 27See, e.g., Mumford Exhibit at 1. 28See, e.g., Mumford Exhibit at 1. 29See47 C.F.R. � 1.946(e)(2). 30See47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. �1.3. 31BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing47 U.S.C. � 309(j)(4)(B). 32See, e.g.,Mumford Exhibit at 2.
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    • November 1, 2011 deadline for establishing substantial service. We therefore deny the Extension Application and the Waiver Request, and declare that KSMQ's license to operate Station WNC589 automatically terminated as of November 1, 2011. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 1.946 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.946, that the request for waiver and the application for extension of time to demonstrate substantial service (File No. 0004934021) filed by KSMQ Public Service Media, Inc., on November 1, 2011 IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 303(r) of the Communications Act, as amended,
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    • failed to justify an extension of time to meet the substantial service deadline for Station WNC589 or to justify a waiver of the November 1, 2011 deadline for establishing substantial service. We therefore deny the Extension Application and the Waiver Request, and declare that KSMQ's license to operate Station WNC589 automatically terminated as of November 1, 2011. 26See47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. �1.3. 27BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing47 U.S.C. � 309(j)(4)(B). 28Extension and Waiver Request at
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    • November 1, 2011 deadline for establishing substantial service. We therefore deny the Extension Application and the Waiver Request, and declare that Montevallo's license to operate Station WND520 automatically terminated as of November 1, 2011. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 1.946 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.946, that the request for waiver and the application for extension of time to demonstrate substantial service (File No. 0004934021) filed by the University of Montevallo on October 31, 2011 IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 303(r) of the Communications Act, as amended, 47
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    • a grant of its waiver request furthers the underlying purpose of the substantial service rules. 11. Second, Montevallo has not shown that cancelling its license to operate Station WND520 is inequitable, unduly burdensome or contrary to the public interest. The only "unique circumstance" 1647 C.F.R. � 1.946(e)(1). 17See47 C.F.R. � 1.946(e)(2). 18Extension and Waiver Request at 1. 19See47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. �1.3. 20BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing47 U.S.C. � 309(j)(4)(B). 21Extension and Waiver Request at
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    • Licensing System in the Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476, 11485 � 21 (1999) (ULS MO&O) (turnover in recordkeeping personnel, failure to check computer records, or simple forgetfulness are not valid excuses for failure to file a timely renewal application). See 47 C.F.R. � 1.946(e)(2). See 47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. � 1.3. BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing 47 U.S.C. � 309(j)(4)(B). Extension Application at
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    • the Universal Licensing System in the Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476, 11485 � 21 (1999) (ULS MO&O) (turnover in recordkeeping personnel, failure to check computer records, or simple forgetfulness are not valid excuses for failure to file a timely renewal application). 16See47 C.F.R. � 1.946(e)(2). 17See47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. �1.3. 18BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing47 U.S.C. � 309(j)(4)(B). 3167 Federal Communications Commission DA
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    • Dec. 7, 2011) at 1. Id. at 1. Id. Petition. Petition at 2. Waiver and Extension Request at 2. Petition at 2. See Wireless Telecommunications Bureau Announces Deployment of ``Auto-Term,'' The Automated Feature in its Universal Licensing System that Identifies Unconstructed Stations Resulting in Automatic Termination of Licenses, Public Notice, 21 FCC Rcd 163 (WTB 2006). See 47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. � 1.3. BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing 47 U.S.C. � 309(j)(4)(B). See Petition at
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    • will not put this spectrum to use. 23Id. at 1. 24Id. 25Petition. 26Petition at 2. 27Waiver and Extension Request at 2. 28Petition at 2. 29See Wireless Telecommunications Bureau Announces Deployment of "Auto-Term," The AutomatedFeature in its Universal Licensing System that Identifies Unconstructed Stations Resulting in Automatic Termination of Licenses, Public Notice, 21 FCC Rcd 163 (WTB 2006). 30See47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. �1.3. 31BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing47 U.S.C. � 309(j)(4)(B). 3222 Federal Communications Commission DA 12-529
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    • substantial service deadline for BRS stations. The license for Station WHT593 therefore automatically terminated on May 1, 2011. We therefore dismiss the Renewal Application and Involuntary Transfer Application filed with respect to Station WHT593. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 and 27.14(o) of the Commission's Rules, 47 C.F.R. �� 1.925, 27.14(o), that the request for waiver of the substantial service deadline for Station WHT593 filed on January 7, 2012 in connection with the application for renewal of Station WHT593 (File No. 0004708992) IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 303(r) of the Communications Act, as
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    • service deadline would be inequitable or unduly burdensome. The heirs had more than ample time after Mr. Pascual's death to provide service.Moreover, in the absence of any clear plan for providing service, it is not inequitable to cancel the license and allow the existing BTA licensee to acquire the spectrum and place it in use.39 35Id. 36Id. 37See47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. �1.3. 38BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing47 U.S.C. � 309(j)(4)(B). 39While Mr. Pascual's heirs have
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    • Wireless Partners LLP, Letter, 24 FCC Rcd 8625, 8627 (WTB MD 2009); Stephen E. Coran, Esquire, Letter, 22 FCC Rcd 1921, 1923 (WTB MD 2007) (reliance on third party for financing does not justify extension). Extension Application at 1. Extension Application at 1. Extension Application at 1. Extension Application at 1. See 47 C.F.R. � 1.946(e)(2). See 47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. � 1.3. BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing 47 U.S.C. � 309(j)(4)(B). Extension Application at
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    • before the November 1, 2011 deadline."30 We disagree. West Blocton passively relied on third parties in the hope that the third parties would construct facilities for them. As noted above, such reliance is not a valid basis for an extension. We 22Extension Application at 1. 23Extension Application at 1. 24Extension Application at 1. 25See47 C.F.R. � 1.946(e)(2). 26See47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. �1.3. 27BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing47 U.S.C. � 309(j)(4)(B). 28Extension Application at 2. 29Extension
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    • for establishing substantial service. We therefore deny the Extension Application and the Waiver Request, dismiss its Renewal Application, and declare that Xanadoo's license to operate Station WMY298 automatically terminated as of May 1, 2011. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 1.946 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.946, that the request for waiver and the application for extension of time to demonstrate substantial service (File No. 0004710165) filed by Xanadoo, LLC on April 29, 2011 ARE DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47
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    • a waiver is justified in this case. 16. An authorization for a BRS license automatically terminates if the licensee fails to meet construction or coverage requirements.41In light of our conclusion that grant of an extension to Xanadoo is not in the public interest, we find that Xanadoo's license to operate Station WMY298 automatically 35See47 C.F.R. � 1.946(e)(2). 36See47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. �1.3. 37BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing47 U.S.C. � 309(j)(4)(B). 38Waiver Request, Extension Request. 3947
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    • 2011 deadline for establishing substantial service. We therefore deny the Extension Application and the Waiver Request, and declare that Xanadoo's licenses to operate Stations WMX703 and WMX704 automatically terminated as of November 1, 2011. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 1.946 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.946, that the request for wavier and the applications for extension of time to demonstrate substantial service (File Nos. 0004941957, 000470165) filed by Xanadoo, LLC, Debtor-In-Possession on November 7, 2011 ARE DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 303(r) of the Communications Act, as amended, 47
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    • requirements.31In light of our conclusion that grant of an extension to Xanadoo is not in the public interest, we find that Xanadoo's licenses to operate Stations WMX703 and WMX704 automatically terminated on November 1, 2011, the date that Commercial EBS licensees were required to demonstrate substantial service. We will therefore deny the Extension Application and Waiver Request. 28See47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. �1.3. 29BRS/EBS Second Report and Order, 21 FCC Rcd at 5720 � 278, citing47 U.S.C. � 309(j)(4)(B). 30Extension and Waiver Request at
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    • of Appeals for the District of Columbia Circuit has consistently held that the Commission cannot extend or waive this statutory thirty-day filing period, except where ``extraordinary circumstances indicate that justice would thus be served.'' Gardner v. FCC, 530 F.2d 1086, 1091 (D.C. Cir. 1976). See also, Reuters Ltd. v. FCC, 781 F.2d 946, 951-52 (D.C. Cir. 1986). 47 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. � 1.3. Waiver Request at 4. Waiver Request at 4-5. Waiver Request at 4-5. See 47 C.F.R. � 1.955(a)(2). (...continued from previous
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    • and Section 1.946 ofthe Commission's Rules, 47 C.F.R. � 1.946, that the requests for waiver and applications for extensions of (...continuedfrom previous page) except where "extraordinary circumstances indicate that justice would thus be served." Gardner v. FCC, 530 F.2d 1086, 1091 (D.C. Cir. 1976). See also, Reuters Ltd. v. FCC, 781 F.2d 946, 951-52 (D.C. Cir. 1986). 2647 C.F.R. � 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409 U.S. 1027 (1972); 47 C.F.R. �1.3. 27Waiver Request at 4. 28Waiver Request at 4-5. 29Waiver Request at 4-5. 30See47 C.F.R. � 1.955(a)(2). 3774 Federal Communications Commission DA
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    • be independent of band reconfiguration: Sprint is not required to pay any costs associated with implementing the waiver, nor may Illinois or Sprint rely on this waiver to request a delay in meeting its rebanding obligations. ORDERING CLAUSES IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.179 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.179, the Waiver Request filed by filed by Prairie Power, Inc. on March 6, 2012 is GRANTED to the extent indicated herein. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's Rules, 47 C.F.R. �� 0.191 and 0.392. FEDERAL COMMUNICATIONS COMMISSION Michael J.
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    • therefore find that the Licensing Branch's dismissal of Gilpin's application with respect to Channel 25 was in error, and we reinstate Gilpin's application to the extent that it requests Channel 25. Having reinstated Gilpin's application for Channel 25, we also consider Gilpin's request for waiver of the antenna height limit under Section 90.20(g)(3)(ii). Pursuant to the first prong of Section 1.925 of the Commission's rules, we find that the request for waiver is warranted because application of this rule would not serve the underlying purpose of the rule. The specific purpose of the antenna height limit is to protect incumbent coast station, public safety, and private land mobile licensees on maritime frequencies from interference. Gilpin has proposed contours for its operation
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    • ``may be granted if the licensee shows that failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control.'' The rule prohibits granting extensions based on a failure to obtain financing, failure to obtain an antenna site, failure to order equipment, or because of a transfer of control of the licensee. Section 1.925 of the Commission's Rules provides that a waiver may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of the unique or
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    • to construct "may be granted if the licensee shows that failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control."44The rule prohibits granting extensions based on a failure to obtain financing, failure to obtain an antenna site, failure to order equipment, or because of a transfer of control of the licensee.45Section 1.925 of theCommission's Rules provides that a waiver may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of the unique or unusual
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    • amended. In fact, licenses automatically terminate upon the expiration date, unless a timely application for renewal that fully complies with Commission requirements is filed. Licensees may, however, file an application for renewal and request a waiver of the filing deadline if the renewal application is not filed in a timely manner. We may grant a waiver request, pursuant to Section 1.925 of the Commission's rules, if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances of the instant case, application of
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    • 1934, as amended.21In fact, licenses automatically terminate upon the expiration date, unless a timely application for renewal that fully complies with Commissionrequirements is filed.22 9. Licensees may, however, file an application for renewal and request a waiver of the filing deadline if the renewal application is not filed in a timely manner. We may grant a waiver request, pursuant to Section1.925 of the Commission's rules, if it is shown that: (1)the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2)in view of unique or unusual factual circumstances of the instant case, application of the rule
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    • into Maryland for emergency life-saving treatment.'' Maryland also notes that it ``will operate fixed base stations [throughout the state] which will be individually licensed per Commission rules,'' and that if a ``catastrophic event'' requiring ``the temporary emergency establishment of a fixed base station outside of Maryland'' arises, it would request Special Temporary Authority to operate such a station. Under Section 1.925 of the Commission's rules, a petitioner must demonstrate that, ``the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that the grant of waiver would be in the public interest,'' or that, ``in view of the unique or unusual factual circumstances of the instant case, application of the rule(s)
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    • of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant new initial licenses for the use of the spectrum.'' It also provides that ``relocation of public safety entities from the T-Band spectrum'' shall be completed not later than two years after completion of the system of competitive bidding. iii. discussion Pursuant to Section 1.925(b)(3) of our Rules, we may waive specific requirements of the Commission's Rules if it is shown that (a) the underlying purpose of the rules would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) in view of unique or unusual
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    • system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant new initial licenses for the use of the spectrum."10Italso provides that "relocation of public safety entities from the T-Band spectrum" shall be completed not later than two years after completion of the system of competitive bidding.11 III. DISCUSSION 5. Pursuant to Section 1.925(b)(3) of our Rules, we may waive specific requirements of the Commission's Rules if it is shown that (a) the underlying purpose of the rules would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) in view of unique or unusual
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    • 11-69, 26 FCC Rcd 6503, 6511 n.59 (2011). Accordingly, applications for affected services should not be filed during the freeze. Such applications that are filed on or after the date of this Public Notice will be dismissed without prejudice and filing fees will not be automatically refunded. Applicants and potential applicants may have recourse to the waiver provisions in Section 1.925 to request an exception to the filing and processing freeze. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation, demonstrating that they meet the criteria set out in the rule. See 5 U.S.C. � 553(b)(A), (d); see also, e.g., Neighborhood TV Co. v. FCC,
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    • Docket No. 11-69, 26 FCC Rcd 6503, 6511 n.59 (2011). 3Accordingly, applications for affected services should not be filed during the freeze. Such applications that are filed on or after the date of this Public Noticewill be dismissed without prejudice and filing fees will not be automaticallyrefunded. 4Applicants and potential applicants may have recourse to the waiver provisions in Section 1.925 to request an exception to the filing and processing freeze. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation, demonstrating that they meet the criteria set out in the rule. 4219 that the stations may be subject to future relocation or other Commission action
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    • III.\tab}}\pard\plain \ltrpar\s1\qc \fi-720\li720\ri0\sa220\keepn\nowidctlpar \jclisttab\tx720\wrapdefault\hyphpar0\aspalpha\aspnum\faauto\ls4\outline level0 \pnrauth1\pnrdate1728367601\pnrstart0\pnrxst2\pnrxst0\pnrxst0\pnrxst0\pn rxst46\pnrxst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb 0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc1\pnrnfc3\pnr nfc0\pnrnfc4\pnrnfc2\pnrnfc4 \pnrnfc2\pnrnfc4\pnrnfc2\pnrnfc0\pnrnfc0\pnrnfc3\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr3\pnrpnbr0\pnrpnbr0\ pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\ pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrstop36\adjustr ight\rin0\lin720\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \b\caps\fs22\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 DISCUSSION \par {\pntext\pard\plain\ltrpar \s16 \rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \hich\af0\dbch\af0\loch\f0 5.\tab}}\pard\plain \ltrpar\s16\ql \fi720\li0\ri0\sa220\nowidctlpar\tx1440\wrapdefault{\*\pn \pnlvlbody\ilvl0\ls13\pnrnot0\pndec\pnb0\pni0\pnstrike0 \pnfs22\pnstart1\pnindent720\pnsp120 {\pntxta .}}\aspalpha\aspnum\faauto\ls13 \pnrauth1\pnrdate1728367601\pnrstart0\pnrxst2\pnrxst0\pnrxst0\pnrxst0\pn rxst46\pnrxst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb 0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnr nfc0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc5\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr5\pnrpnbr0\pnrpnbr0\ pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\ pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrstop36\adjustr ight\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs22\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 Section 1.925 of the Commission\rquote s Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: \'93 (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the in stant case, and that a grant of the requested waiver would be in
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    • the same relief Crown Castle was previously granted in 2007.6Crown Castle and AT&T assert in their petition that the Crown Monitoring Systems are sufficiently robust, accurate and reliable to warrant the granting of their joint Request for Waiver.7Crown Castle and AT&T attach to their petition exhibits describing relevant features of the Crown Monitoring Systems in detail.8 III. DISCUSSION 5. Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: "(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
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    • Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau: Introduction Shelby County, Alabama (Shelby, or the County) filed an application and associated Waiver Requests to use certain Industrial/Business (I/B) Pool frequencies for a trunked public safety radio communications system, and to operate at greater power than permitted by Part 90 rules. Shelby seeks waiver relief pursuant to Section 1.925 of the Commission's rules. We grant the Waiver Requests in part and as conditioned herein. background Shelby states that it ``is in the process of upgrading its radio system to a new five-site system that will provide improved communications capabilities to first responders throughout the county.'' Shelby plans to implement ``a VHF, P25, digital, trunked radio system which will support
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    • to complete narrowbanding for approximately 125 stations at some of its largest U.S. locations - comprising more than sixty percent of its fleet - by the end of 2012, and does not seek a waiver for those stations. It requests an extension of the narrowbanding deadline for the stations at 118 other airports. Discussion. Delta seeks relief pursuant to Section 1.925 of the Commission's rules, which provides that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the waiver would be in the public interest; or (ii) in view of
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    • early date, thereby allowing them to again participate in normal amateur radio activities. It also states that several potential beneficiaries of this action are of advanced years and are interested in prompt resolution of this matter. The waiver request was placed on public notice and comments were evenly split between those supporting the request and those opposing it. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • license grant at an early date, thereby allowing them to again participate in normal amateur radio activities.8Italso states that several potential beneficiaries of this action are of advancedyears and are interested in prompt resolution of this matter.9The waiver request was placed on public notice10and comments were evenly split between those supporting the request and those opposing it. 4. Discussion. Section 1.925 of the Commission's Rulesprovides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of the
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    • the intersection points of their respective PSAs. See Substantial Service Showings, Map. File nos. 0004929281 (Station WLX705) and 0004929282 (Station WLX706). Waiver Request at 1-2. Id. at 2. File Nos. 0004929268- 0004929274 (filed Oct. 26, 2011) (``Extension Applications''). See 47 C.F.R. � 27.14(o). 47 C.F.R. � 27.14(o)(4). See 47 C.F.R. � 27.14(o)(4). See Waiver Request at 2. 47 C.F.R. � 1.925(b)(3). Waiver Request at 2, 4, Map. Together, the seven GSAs total approximately 5,773 square miles. An EBS GSA that does not have to split the football covers approximately 3,848 square miles (pi X 35 miles2). See 116 Late-Filed Applications MO&O, supra, 24 FCC Rcd at 8117-8118 � 28. 47 C.F.R. �� 27.1203, 27.1214. Waiver Request at 4. Id. Id. See
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    • and its lessee, Clearwire Corporation, contacted every educational entity in the GSAs of the Stations to offer them access to devices for educational use, but there are very 16Id.at 2. 17File Nos. 0004929268-0004929274 (filed Oct. 26, 2011) ("Extension Applications"). 18See 47 C.F.R. � 27.14(o). 1947 C.F.R. � 27.14(o)(4). 20See 47 C.F.R. � 27.14(o)(4). 21SeeWaiver Request at 2. 2247 C.F.R. � 1.925(b)(3). 23Waiver Request at 2, 4, Map. 24Together, the seven GSAs total approximately 5,773 square miles. An EBS GSA that does not have to split the football covers approximately 3,848 square miles (pi X 35 miles2). 25See116 Late-Filed Applications MO&O, supra, 24 FCC Rcd at 8117-8118 � 28. 2647 C.F.R. �� 27.1203, 27.1214. 125 Marissa G. Repp, Esq. few schools located
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    • (MSLD) and the international requirements for an AIS SART. Consequently, as was the case with respect to the Smartfind S5, McMurdo requires a waiver of certain technical requirements in Section 80.1101(c)(6) that are particular to 9 GHz GMDSS SARTs before the Smartfind S10 and Safelink R10 may be certified for operation under Part 80 of the Commission's Rules. Discussion. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • Locating Devices (MSLD)11and the international requirements for an AIS SART.12Consequently, as was the case with respect to the Smartfind S5, McMurdo requires a waiver of certain technical requirements in Section 80.1101(c)(6) that are particular to 9 GHz GMDSS SARTs before the Smartfind S10 and Safelink R10 may be certified for operation under Part 80 of the Commission's Rules. 5. Discussion.Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • the licensee shows that the failure to complete construction is due to causes beyond its control. Section 1.946 also lists specific circumstances where extension requests will not be granted, including delays caused by a failure to obtain financing, because the license undergoes a transfer of control, or because the licensee intends to assign the authorization. In addition, pursuant to Section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
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    • and Telesaurus request that they each be granted a consolidated license for their 220 MHz holdings and that some or all of the fees associated with the Application be waived. Warren Havens and Telesaurus also contend that the Application meets the extension standards set forth in Section 1.946(e)(1) of the Commission's rules and the waiver standard set forth in Section 1.925 of the Commission's rules. However, they do not specifically plead the requisite elements of the waiver standard. On June 27, 2008, Warren Havens and Telesaurus filed a supplement to the 2007 Extension Request that purports to show the applicants' due diligence in seeking to obtain TETRA technology for use with their Licenses. On March 23, 2009, Warren Havens filed renewal
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    • that JSM is no longer seeking reconsideration of Commission action regarding call signs WPVF737, WPVF739, and WPVF741. Accordingly, we shall modify the information in ULS to reflect that the JSM Licenses automatically terminated on June 21, 2007. JSM must immediately cease any and all operations under these licenses. This action is taken pursuant to delegated authority under sections 0.131, 0.331, 1.925, 1.955, and 22.503 of the Commission's Rules. Sincerely, Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau Cc: Thomas Gutierrez, Esq. Lukas, Nace, Gutierrez & Sachs, Chartered 1650 Tysons Boulevard, Suite 500 McLean, VA 22102 FCC Call Signs WPVF722, WPVF725, WPVF737, WPVF739, WPVF741, WPVF742, WPVF752, and WPVF754. 47 C.F.R. �22.503(k)(2)-(3). See Lower and Upper Paging Bands Auction Closes, Winning
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    • because the required ownership information was accurately disclosed in the Application. We conclude that a waiver is appropriate under these limited circumstances because the underlying purpose of the rule - ensuring that the relevant ownership information was accurately disclosed - would be frustrated if we disallow the late filed Form 602s. Accordingly, we find that a waiver, pursuant to Section 1.925 of the Commission's rules, to allow for the late-filed Form 602s is in the public interest. The Application Did Not Require Waivers That Would Preclude Processing Under the Commission's IAP Rules Under Section 1.948(j)(2)(C), an application may be processed under IAP if it does not require a waiver of applicable Commission rules. Petitioners repeatedly assert that the transfer of control
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    • by not disclosing its ownership and real parties in interest relevant to its participation in Auction 72, securing licenses under the Commission's Designated Entity bidding credits, and therefore its applications should not be granted. Havens also argues that 21 of Cornerstone's 25 applications should be denied because their attached waiver requests fail to meet the waiver standard outlined in section 1.925 of the Commission's rules. Specifically, Havens argues that the Commission's Universal Licensing System (ULS) has long handled all licensing matters, and Cornerstone had an obligation to follow relevant FCC rules including properly filing its requests and paying its fees via ULS. Havens contends that if Cornerstone chose to act without legal representation when it filed its original renewal and extension
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    • not been adopted as a radar standard in other nations, and manufacturers have not designed and built radar equipment to that standard and will not be able to do so in the near future. As a result, recreational boaters and others who wish to install maritime radar equipment voluntarily are unable to do so in compliance with Section 80.273(b). Section 1.925(b)(3)(i) of the Rules provides that the Commission may grant a rule waiver if it is shown that the ``underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest....'' The primary purpose of Section 80.273(b), like other Part
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    • FCC Rcd at 2036 � 42. Id. at 2034 � 37. Id. 47 C.F.R. � 90.531(b)(1)(iii). Waiver Request at 1. Id. Id. Id. Id. at 2. Id. Id. Id. Id. citing State of Florida, Order, 26 FCC Rcd 7730 (PSHSB 2011) (Florida Order). See also City of Mesa, Police Department, Order, 26 FCC Rcd 8466 (PSHSB 2011). 47 C.F.R. � 1.925(b)(3)(i)-(ii). Florida Order, 26 FCC Rcd at 7731-32 � 4. In order to facilitate interoperability, we require that the deployable system authorized by this waiver be ``open,'' i.e., it shall not require a system key. In addition, Colorado must advise all potential authorized users of the system of the frequencies and other parameters of the deployable system. See Petition for Rulemaking
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    • has been suspended will be dismissed. We now clarify that a renewal/modification application filed during the filing and processing suspension that requests such a modification will be granted-in-part only with respect to the request for renewal. Parties whose applications are subject to the filing and processing suspension, as clarified above, may seek a waiver of the suspension pursuant to Section 1.925 of the Commission's rules.. Parties seeking a waiver must provide a showing that they meet the waiver criteria in Section 1.925. For further information, contact the FCC ULS Customer Support Hotline at (877) 480-3201 option 2, (717) 338-2888, or (717) 338-2824 (TTY). The Hotline is available to assist with questions Monday through Friday 8:00 a.m. to 6:00 p.m. ET. In
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    • Hearing Designation Order, 5 FCC Rcd 6177, 6179 � 16 (1990), citing Central Television, Inc. v. FCC, 834 F.2d 186 (D.C. Cir. 1987) (``Section 1.110 . . . does not allow applicants first to accept a partial grant, yet later to seek reconsideration of its conditions.''); Capital Telephone Co. v. FCC, 498 F.2d 734, 739 (D.C. Cir.1974). 47 C.F.R. � 1.925(b)(3). Id. at 7. StratusWave directs its arguments to waiver of Sections 1.110 and 1.945(e), but since we have found that StratusWave has not met the stringent standard for waiver of the statutory deadline embodied in section 1.945(e), we limit our discussion here to Section 1.110. Id. at 1. See Central Television, Inc. v. FCC, supra, 834 F.2d at 190-191; Capital
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    • 1, 2013 VHF/UHF narrowbanding deadline until October 31, 2013 for the call signs listed in note 3, supra. We also grant PSE a concurrent extension of the construction deadline for the call signs listed in note 4, supra. Accordingly, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925(b)(3) of the Commission's rules, 47 C.F.R. � 1.925(b)(3), that the Request for Extension of Narrowbanding Deadline and for Extended Implementation Authority filed by Puget Sound Energy, Inc. on April 6, 2012 IS GRANTED to the extent set forth above. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131,
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    • Based on the foregoing, we conclude that grant of the requested waiver is warranted. Accordingly, we grant Avista a waiver of the Commission's January 1, 2013 VHF/UHF narrowbanding deadline until September 30, 2014, for the above-listed call signs. Accordingly, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925(b)(3) of the Commission's rules, 47 C.F.R. � 1.925(b)(3), that the Request for Extension of Narrowbanding Deadline, filed on December 13, 2011 and supplemented on February 2, 2012 by Avista Corporation IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy
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    • Repeater Communications Corporation to Nextel. Comments due: March 9; replies due March 19. Contact: Monica Desai, Susan Singer or John Branscome at (202) 418-7240. PN 02/12/01; DA 01-360 Wireless Telecommunications Bureau Seeks Comment on Request for Waiver and Proposed Airtime Capacity Agreement. On December 15, 2000, James A. Kay, Jr. filed a waiver request with the Commission pursuant to section 1.925 of the Commission rules. Comments due February 27; replies due March 9. Contact: Don Johnson or Paul Murray at (202) 418-7240. PN 02/14/01; DA 01-393 800 MHZ Specialized Mobile Radio (SMR) Service Frequencies in the Lower 8O Channels. Pleading Cycle Established. The long-form applications for 800 MHz SMR Service Frequencies in the Lower 80 Channels licenses have been accepted for
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    • Repeater Communications Corporation to Nextel. Comments due: March 9; replies due March 19. Contact: Monica Desai, Susan Singer or John Branscome at (202) 418-7240. PN 02/12/01; DA 01-360 Wireless Telecommunications Bureau Seeks Comment on Request for Waiver and Proposed Airtime Capacity Agreement. On December 15, 2000, James A. Kay, Jr. filed a waiver request with the Commission pursuant to section 1.925 of the Commission rules. Comments due February 27; replies due March 9. Contact: Don Johnson or Paul Murray at (202) 418-7240. PN 02/14/01; DA 01-393 800 MHZ Specialized Mobile Radio (SMR) Service Frequencies in the Lower 8O Channels. Pleading Cycle Established. The long-form applications for 800 MHz SMR Service Frequencies in the Lower 80 Channels licenses have been accepted for
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    • Repeater Communications Corporation to Nextel. Comments due: March 9; replies due March 19. Contact: Monica Desai, Susan Singer or John Branscome at (202) 418-7240. PN 02/12/01; DA 01-360 Wireless Telecommunications Bureau Seeks Comment on Request for Waiver and Proposed Airtime Capacity Agreement. On December 15, 2000, James A. Kay, Jr. filed a waiver request with the Commission pursuant to section 1.925 of the Commission rules. Comments due February 27*; replies due March 9. Contact: Don Johnson or Paul Murray at (202) 418-7240. PN 02/14/01; DA 01-393 800 MHZ Specialized Mobile Radio (SMR) Service Frequencies in the Lower 8O Channels. Pleading Cycle Established. The long-form applications for 800 MHz SMR Service Frequencies in the Lower 80 Channels licenses have been accepted for
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    • seeking to clarify the meaning of section 90.621(b)(2) of the rules. Comments due March 26*; replies due April 5. Contact: Kathy Harris at (202) 418-0609. PN 03/14/01; DA 01-665 Wireless Telecommunications Bureau Seeks Comment on Cingular Wireless LLC's Request for Waiver to Exclude 1.5 MHZ of SMR Spectrum from the CMRS Spectrum Cap. On March 7, 200l, pursuant to Section 1.925 of the Commission's rules, Cingular Wireless LLC filed a request to waiver of the Commercial Mobile Radio Service spectrum cap. Section 20.6(a) of the Commission's rules, to exclude up to 1.5 MHz of 900 MHz Specialized Mobile Radio spectrum held by its subsidiary, Cingular Interactive L.P. The Commission seeks comment on Cingular's Waiver request. Comments due April 3; replies due
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    • recommendations and certain related issues. Comments due 30 days after publication in the Federal Register; replies due 45 days after publication in the Federal Register. PN 03/14/01; DA 01-665 Wireless Telecommunications Bureau Seeks Comment on Cingular Wireless LLC's Request for Waiver to Exclude 1.5 MHZ of SMR Spectrum from the CMRS Spectrum Cap. On March 7, 200l, pursuant to Section 1.925 of the Commission's rules, Cingular Wireless LLC filed a request to waiver of the Commercial Mobile Radio Service spectrum cap. Section 20.6(a) of the Commission's rules, to exclude up to 1.5 MHz of 900 MHz Specialized Mobile Radio spectrum held by its subsidiary, Cingular Interactive L.P. The Commission seeks comment on Cingular's Waiver request. Comments due April 3*; replies due
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    • U.S.C. � 1002, from March 31, 2001, to September 30, 2001. Comments due April 2*; replies due April 16. Contact: John Spencer or Susan Kimmel 202-418-1310 PN 03/15/01; DA 01-688 Wireless Telecommunications Bureau Seeks Comment on Request for Rule Change and Conditionally Waives Section 1.929(C)(1) to Permit Expansion of Paging Contours Over Water on a Secondary Basis. Pursuant to Section 1.925 of the Commission's rules, the Wireless Telecommunications Bureau seek Comment on a Request for Rule Change filed by the Paging and Messaging Alliance of the Persona Communications Industry Association. Comments on the Waiver Request due April 16; replies due May 1. Contact: Leon Jackler at (202) 418-0946. PN 03/16/01; DA 01-686 Correction - Wireless Telecommunications Bureau Seeks Comment Regarding Intelligent
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    • NCC's recommendations and certain related issues. Comments due 30 days after publication in the Federal Register; replies due 45 days after publication in the Federal Register. PN 03/15/01; DA 01-688 Wireless Telecommunications Bureau Seeks Comment on Request for Rule Change and Conditionally Waives Section 1.929(C)(1) to Permit Expansion of Paging Contours Over Water on a Secondary Basis. Pursuant to Section 1.925 of the Commission's rules, the Wireless Telecommunications Bureau seek Comment on a Request for Rule Change filed by the Paging and Messaging Alliance of the Persona Communications Industry Association. Comments on the Waiver Request due April 16*; replies due May 1. Contact: Leon Jackler at (202) 418-0946. PN 03/16/01; DA 01-686 Correction - Wireless Telecommunications Bureau Seeks Comment Regarding Intelligent
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    • regulatory fees that Congress, as amended, has required us to collect for Fiscal Year 2001. Comments due April 27*; replies due May 7. WIRELESS TELECOMMUNICATIONS BUREAU PN 03/15/01; DA 01-688 Wireless Telecommunications Bureau Seeks Comment on Request for Rule Change and Conditionally Waives Section 1.929(C)(1) to Permit Expansion of Paging Contours Over Water on a Secondary Basis. Pursuant to Section 1.925 of the Commission's rules, the Wireless Telecommunications Bureau seek Comment on a Request for Rule Change filed by the Paging and Messaging Alliance of the Persona Communications Industry Association. Comments on the Waiver Request due April 16*; replies due May 1. Contact: Leon Jackler at (202) 418-0946. PN 03/16/01; DA 01-686 Correction - Wireless Telecommunications Bureau Seeks Comment Regarding Intelligent
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    • D&E Omnipoint Wireless Joint Venture, L. P. The Commission seeks comment on D&E Omnipoint Wireless Joint Venture's waiver request in the above-captioned proceeding. Comments due July 30; replies due August 6. Contact: Gregory Vadas at (202) 418-1310. PN 07/13/01; DA 01-1674 WTB Seeks Comment on Summit Wireless' Request for Limited Waiver and Extension of Time to Construct. Pursuant to section 1.925(c) of the Commission's rules, 47 C.F.R. � 1.925(c), the Wireless Telecommunications Bureau seeks comment on whether granting Summit's waiver request would further the public's interest in the above-captioned proceeding. Comments due July 27; replies due August 3. Contact: Scott Mackoul at (202) 418-7498. PN 07/16/01; DA 01-1659 Wireless Telecommunications Bureau Seeks Comment on Request for Waiver by Breitling U.S.A., Inc.
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    • D&E Omnipoint Wireless Joint Venture, L. P. The Commission seeks comment on D&E Omnipoint Wireless Joint Venture's waiver request in the above-captioned proceeding. Comments due July 30; replies due August 6. Contact: Gregory Vadas at (202) 418-1310. PN 07/13/01; DA 01-1674 WTB Seeks Comment on Summit Wireless' Request for Limited Waiver and Extension of Time to Construct. Pursuant to section 1.925(c) of the Commission's rules, 47 C.F.R. � 1.925(c), the Wireless Telecommunications Bureau seeks comment on whether granting Summit's waiver request would further the public's interest in the above-captioned proceeding. Comments due July 27*; replies due August 3. Contact: Scott Mackoul at (202) 418-7498. PN 07/16/01; DA 01-1659 Wireless Telecommunications Bureau Seeks Comment on Request for Waiver by Breitling U.S.A., Inc.
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    • D&E Omnipoint Wireless Joint Venture, L. P. The Commission seeks comment on D&E Omnipoint Wireless Joint Venture's waiver request in the above-captioned proceeding. Comments due July 30; replies due August 6. Contact: Gregory Vadas at (202) 418-1310. PN 07/13/01; DA 01-1674 WTB Seeks Comment on Summit Wireless' Request for Limited Waiver and Extension of Time to Construct. Pursuant to section 1.925(c) of the Commission's rules, 47 C.F.R. � 1.925(c), the Wireless Telecommunications Bureau seeks comment on whether granting Summit's waiver request would further the public's interest in the above-captioned proceeding. Comments due July 27*; replies due August 3. Contact: Scott Mackoul at (202) 418-7498. PN 07/16/01; DA 01-1659 Wireless Telecommunications Bureau Seeks Comment on Request for Waiver by Breitling U.S.A., Inc.
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    • Deennyy iinn aaccccoorrddaannccee w wiitthh sseeccttiioonnss 00..333311 aanndd 11..993355 ooff tthhee C Coom mm miissssiioonn''ss rruulleess..11 A Accccoorrddiinnggllyy,, tthhee aapppplliiccaattiioonn((ss)) lliisstteedd hheerreeiinn ffoorr m maajjoorr eennvviirroonnm meennttaall aaccttiioonnss iiss G GR RA AN NTTEED D.. A Apppplliiccaanntt FFiillee N Nuum mbbeerr C Coooorrddiinnaatteess D Daattee R Reecc''dd Signal Tower Holding LLC A0173074 27-51-41.6/82-31-59.5 3/6/01 -FCC- 1 47 C.F.R. �� 0.331, 1.925.
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    • Order, 15 FCC Rcd 476 (2000); 700 MHz Second Report and Order, 15 FCC Rcd 5299 (2000). 27 MHz Service Rules Order, FCC 02-152 � 40. 70/80/90 GHz Proceeding, WT Docket No. 02-146, RM-10288 � 79. 800 MHz NPRM, 17 FCC Rcd 4873, 4911 � 70 (2002). 4.9 GHz Proceeding, 17 FCC Rcd at 3978-79. See 47 C.F.R. �� 1.3, 1.925 (Permits waiver of the Commission Rules in extraordinary or unusual circumstances). See 47 U.S.C. � 309(f); 47 C.F.R. � 1.931(b). See 47 C.F.R. �� 1.3, 1.925. The six frequency pairs involved were 896.8875/935.8875 MHz, 896.9375/935.9375 MHz, 896.9875/935.9875 MHz, 897.8875/9375 MHz, 897.9375/936.9375 MHz, and 897.9875/936.9875 MHz. See, e.g., Petition of Association of American Railroads (AAR) for Modification of Licenses For Use
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    • II cellular unserved area applications that propose coverage in its existing cellular markets within the National Radio Quiet Zone (Quiet Zone).'' 3. The Ordering Clause in paragraph 9 is replaced with the following: ``Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i), 303(r), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the request of Verizon Wireless for a waiver of sections 22.947 and 22.949 of the Commission's rules to the extent provided in this order IS GRANTED.'' FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. �� 22.947, 22.949. Petition for Waiver of
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    • II cellular unserved area applications that propose coverage in its existing cellular markets within the National Radio Quiet Zone (Quiet Zone).'' 3. The Ordering Clause in paragraph 9 is replaced with the following: ``Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i), 303(r), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the request of Verizon Wireless for a waiver of sections 22.947 and 22.949 of the Commission's rules to the extent provided in this order IS GRANTED.'' FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. �� 22.947, 22.949. Petition for Waiver of
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    • Wireless also asks that we preclude other individuals from submitting applications under the Commission's unserved area licensing rules once the five-year build-out period expires in each relevant market. discussion Because of the unique restrictions that limit construction in the Quiet Zone, we grant Verizon Wireless a limited waiver of the Commission's cellular five-year build-out and unserved area licensing rules. Section 1.925 of the Commission's rules provides that a waiver may be granted if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual
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    • Wireless also asks that we preclude other individuals from submitting applications under the Commission's unserved area licensing rules once the five-year build-out period expires in each relevant market. discussion Because of the unique restrictions that limit construction in the Quiet Zone, we grant Verizon Wireless a limited waiver of the Commission's cellular five-year build-out and unserved area licensing rules. Section 1.925 of the Commission's rules provides that a waiver may be granted if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of SEVEN PUBLIC SAFETY AGENCIES IN THE NEW YORK METROPOLITAN AREA Proposal to Use Part 22 Paging Frequencies Pursuant to Section 337(c) of the Communications Act of 1934, as Amended and Section 1.925 of the Commission's Rules to Operate Public Safety Communications Systems ) ) ) ) ) ) ) ) ) ) ) ) ) FCC File Nos. 0000941858 and 0001523313 (City of Bayonne, New Jersey), 0001687496 (County of Bergen, New Jersey), 0001535270 (Borough of Fort Lee, New Jersey), 0001628636 (Jersey City, New Jersey Police Department), 0001593425 (Melville, New York Fire District),
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    • Safety Comments at 6 (noting that the allocation of Channel 16 for use by the City of New York only benefits a very limited geographic area). 307 See, e.g., Seven Public Safety Agencies in the New York Metropolitan Area, Proposal to Use Part 22 Paging Frequencies Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules to Operate Public Safety Communications Systems, Order, 19 FCC Rcd 15355 (WTB PSCID 2004). 308 See State of Alaska, Request for Waiver of Sections 2.102(c), 2.103(a), 90.20, and 90.173(c) of the Commission's Rules, Memorandum Opinion and Order, 18 FCC Rcd 16315, 16315 � 1 (WTB 2003). 309 See id. 310 See id. at 16331 � 27.
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    • Center site. We therefore conclude that the public interest would be served by granting the Port Authority an extension of time to complete construction of the World Trade Center Stations listed in the Attachment. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 303(r), and Sections 1.925, 1.946(e), 90.157, and 101.65(b) of the Commission's rules, 47 C.F.R. �� 1.925, 1.946(e), 90.157, and 101.65(b), the Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission's rules, filed by the Port Authority of New York and New Jersey IS GRANTED, nunc pro tunc, to the extent indicated herein. This action is taken under delegated authority pursuant
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    • any waiver should be conditioned on PageNet using its 900 MHz SMR spectrum to offer new information or messaging services. ICE opposed the waiver request, arguing that PageNet has not met the standard necessary to justify waiver and that grant of the waiver would be inconsistent with the underlying policies of Section 90.665. III. DISCUSSION Waiver Request Pursuant to Section 1.925 of our rules, a party requesting a waiver of a Commission rule must affirmatively show that (1) the underlying purpose of the rule will not be served, or would be frustrated, by its application in a particular case, and that grant of the waiver is otherwise in the public interest; or (2) the unique facts and circumstances of a particular
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    • Reg. 10,514, 10,514 (1964). See Reallocation of Television Channels 60-69, the 746-806 MHz Band, ET Docket No. 97-157, Report and Order, 12 FCC Rcd 22,953 (1998). See 47 C.F.R. � 90.25(a) (1997). 47 C.F.R. � 90.20(a)(2)(ii). School districts and authorities are eligible for authorizations in the Industrial/Business Radio Pool as entities operating educational institutions. 47 C.F.R. � 90.35(a)(2). 47 C.F.R. �1.925(b)(3). See Letter from Larry A. Miller, Frequency Coordination Manager, AASHTO to D'wana R. Terry, Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, FCC, dated September 15, 1999 (AASHTO Letter). The frequencies at issue, which total thirty, are set forth in the table at 47 C.F.R. � 90.20(c) with a note that they are subject to limitation 43. AASHTO
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    • VoiceStream a waiver because it has not filed a formal waiver petition. See Letter from Dean R. Brenner, Attorney for Qualcomm, Incorporated, to Magalie Roman Salas, Secretary, FCC, dated August 22, 2000 at 4 (Qualcomm August 22 Ex Parte Letter). Because we have discretion to grant waivers on our own motion, we reject this argument. See 47 CFR �� 1.3, 1.925(a). We emphasize, however, that requests for waiver made through the ex parte process are discouraged; parties seeking a waiver of the Commission's rules should, except in the unusual case, formally file a waiver request with the Commission pursuant to our rules of practice and procedure. See generally, 47 C.F.R. � 1.925. See Annual Report and Analysis of Competitive Market Conditions
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    • common nationwide channel plan for interoperability purposes, the interoperability channels should not be subject to such modifications. Id.; see also NYSTEC Petition at 9, 10. Accord APCO Petition at 15. See id., 14 FCC Rcd at 169 � 31, n.76, citing Motorola Comments, Appendix at 4-7, NPSTC Comments Appendix A, and Florida Comments at 2-6. See, e.g., 47 C.F.R. � 1.925 (Waivers). We note as an administrative matter that a rule waiver request is the most appropriate process for determining, e.g., whether all narrowband channels are exhausted in a given geographic area and that a specific proposal to use a portion of a wideband channel is truly a ``last resort.'' Accord NYSTEC Petition at 9, 10 (Commission should allow for some
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    • cancelled on December 5, 1995. Application for Review at 2-8. 47 C.F.R. � 90.175; 47 C.F.R. � 90.495 (1996). See PLMRS Report and Order, 6 FCC Rcd. at 7301-7302, � 25 ("Under no circumstances will we accept an application for a particular frequency until that frequency has actually been deleted from our database . . . ."). 47 C.F.R. � 1.925(b)(3); see also WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). The waiver standard for Private Land Mobile Services was formerly codified at Section 90.151(a) of the rules, 47 C.F.R. � 90.151(a) (1995). See Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 90, 95, 97, and 101 of the Commission's
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    • (WTB 2000). See 47 U.S.C. �� 337(c)(1)(A); see also Conference Report at 579-80 (``spectrum must not be immediately available on a frequency already allocated to public safety services.''). We note that an applicant that could not obtain relief pursuant to Section 337 because public safety spectrum was available in other bands could nonetheless seek a rule waiver pursuant to Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. 47 U.S.C. � 337(c)(1)(E). See, e.g., APCO Comments at 12-13; APCO Reply Comments at 7-8; IAFC/IMSA Comments at 5-8; NYSTEC Comments at 12-13. See South Bay, 13 FCC Rcd at 23796 � 33. See Sacramento, 15 FCC Rcd 12600, 12607 � 19. See 47 U.S.C. � 151. We also note that the
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    • (WTB 2000). See 47 U.S.C. �� 337(c)(1)(A); see also Conference Report at 579-80 (``spectrum must not be immediately available on a frequency already allocated to public safety services.''). We note that an applicant that could not obtain relief pursuant to Section 337 because public safety spectrum was available in other bands could nonetheless seek a rule waiver pursuant to Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. 47 U.S.C. � 337(c)(1)(E). See, e.g., APCO Comments at 12-13; APCO Reply Comments at 7-8; IAFC/IMSA Comments at 5-8; NYSTEC Comments at 12-13. See South Bay, 13 FCC Rcd at 23796 � 33. See Sacramento, 15 FCC Rcd 12600, 12607 � 19. See 47 U.S.C. � 151. We also note that the
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    • Southern Communications Systems, Inc., for reconsideration of the Division's decision to deny Southern's request for waiver of 47 C.F.R. � 24.711(b), IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary DISSENTING STATEMENT OF COMMISSIONER HAROLD FURCHTGOTT-ROTH Re: Southern Communications Systems, Inc., Request for Limited Waiver. I respectfully dissent from the Commission's decision to deny Southern's waiver request. Under 47 C.F.R. �1.925 (b)(3), the Commission may grant a waiver if the underlying purpose of the rule would not be served by application in the present case and the waiver would be in the public interest. Here, in order to make its installment payment, Southern requested a two-day waiver of the Commission's installment payment rule. I would have granted the waiver. There is
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    • failed to give its waiver request the ``hard look'' as set forth in WAIT Radio v. FCC is equally flawed. Under the ``hard look'' standard, an agency is required to articulate with clarity and precision its findings and the reasons for its decisions. We believe that in its order the Division properly applied the waiver standard set forth in Section 1.925 of the Commission's rules to the facts set forth in 21st Century's request and provided reasoned explanation for its denial of the request. Ultimately, Petitioner's request for waiver of the automatic license cancellation rule was denied not because the Division failed to consider the request as required under the ``hard look'' standard, but because it found, as we do here,
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    • be frustrated if applied to the proponent's case and that a grant of the requested waiver would be in the public interest; or that in view of unique or unusual factual circumstances, application of a rule would be inequitable, unduly burdensome or contrary to the public interest, or that the waiver proponent has no reasonable alternative. See 47 C.F.R. � 1.925(b)(3). See Second MO&O, 14 FCC Rcd at 8658. The LMCC Low Power Plan was accepted by the Commission on June 29, 2000. See Wireless Communications Bureau Accepts LMCC Low Power Plan for Part 90 450-470 MHz Band, Public Notice, 15 FCC Rcd 11598 (WTB 2000) (Low Power Public Notice). See Dataradio Petition for Reconsideration and/or Clarification, Attachment 1, Appendix B.
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    • U.S.C. �� 154(i) and 405, and section 1.115 of the Commission's rules, 47 C.F.R. � 1.115, the Application for Review filed by Gerald Crozier on May 20, 1996, IS DISMISSED. IT IS FURTHER ORDERED that pursuant to our authority under sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the requests by Arundel Trunked Partnership, James W. Byrnes III, Judith K. Warden, Robert J. Zamito, Norma Beckett, PCK Systems, Paul W. Rutter, Bruce L. Jones, Michael J. Sample, James R. Jensen, Jr., and ROKK Associates for a waiver of section 90.753(c) of the Commission's rules, 47 C.F.R. � 90.753(c), submitted on
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    • deviation from our rules. Thus, we do not consider it a ``routine'' action. In fact, a waiver is granted only upon a finding that the applicable waiver standard has been met. We conclude that Goosetown has made a sufficient showing that grant of the requested waiver is warranted under the first prong of the waiver standard set forth in Section 1.925 of the Commission's Rules. The purpose of the 50-mile limitation is to ensure that television stations and land mobile stations do not interfere with one another. Sections 90.305(a) and (b) of the Commission's Rules provide that PLMR base stations operating in the 470-512 MHz band (which also constitutes TV channels 14 through 20) may be located only within 50 miles
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    • and Wild's Computer Service, Inc. and 21st Century Wireless Group, Inc on July 2, 2000 in the above-captioned proceeding IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Application for Review at 3. Id. Id. at 5. 47 C.F.R. � 1.926(b) (1996). 47 C.F.R. � 90.149(a) (1996). 47 C.F.R. � 90.149(b) (1996). 47 C.F.R. � 90.151(a) (1996). 47 C.F.R. � 1.925(b)(3) (2000). See also 47 C.F.R. � 90.151(a) (1996). Fresno City and County Housing Authorities, Order on Reconsideration, 15 FCC Rcd 10,998 � 11 (2000), citing Plumas-Sierra Rural Electric Cooperative, Order, 15 FCC Rcd 5572, 5575, � 9 (2000). ULS MO&O at 11485 � 21. See also Sierra Pacific Power Company, Order, DA 00-2922, � 6 (rel. Jan. 3, 2001) (holding
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    • � 1.955(a)(1). Biennial Review-Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Memorandum Opinion and Order on Reconsideration, 14 FCC Rcd 11,476, 11,485-86 � 22 (1999) (``ULS MO&O''). See 47 C.F.R. � 1.925(b)(3). Fresno City and County Housing Authorities, Order on Reconsideration, 15 FCC Rcd 10,998, � 11 (2000), citing Plumas-Sierra Rural Electric Cooperative, Order, 15 FCC Rcd 5572, 5575, � 9 (2000). ULS MO&O at 11485 � 21. See also Sierra Pacific Power Company, Order, DA 00-2922, � 6 (rel. Jan. 3, 2001) (holding that ``each licensee bears the exclusive responsibility of
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    • Notice at 4-5; February 24th Public Notice at 4. DiGiPH Application at 7-8; Mountain Solutions Application at 11 DiGiPH Application at 8; Mountain Solutions Application at 11. See February 24th Public Notice. See 47 C.F.R. � 1.2113(c) (1998); see also Part 1 Third Report and Order, 13 FCC Rcd 374, 469-470. Id. Mountain Solutions Application at 9-10. 47 C.F.R. � 1.925 (2000). 47 C.F.R. � 1.925 (2000); see, e.g., WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). In the Matter of BDPCS, Inc. BTA Nos. B008, B036, B055, B089, B110, B133, B149, B261, B298, B331, B347, B358, B391, B395, B407, B413, and B447, Frequency Block C, Memorandum Opinion and Order, 15 FCC Rcd
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    • (rel. Mar. 14, 2001). Comments were due on April 3, 2001, and Reply Comments on April 13, 2001. Id. 20 See generally Opposition of Leap Wireless International, Inc. ("Leap Wireless Comments"). 21 See generally Reply Comments. Federal Communications Commission FCC 01-271 4 III. DISCUSSION 8. Waiver Standard. Cingular seeks a waiver pursuant to the waiver standard set forth in Section 1.925 of the Commission's rules.22 Section 1.925 provides that the Commission may grant a waiver upon a showing either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the
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    • the then-overdue October 1998 and January 1999 payments had already been made. Id. As the Commission stated in the MO&O, the failure of Southern and its business associate to organize and manage their business dealings properly is not a unique circumstance for which the Commission would grant a waiver. MO&O, 15 FCC Rcd 25,107-108, � 10; see 47 C.F.R. � 1.925. See Waiver Order, 15 FCC Rcd 8387-89. See Further Reconsideration Petition at 4, 8; Reconsideration Petition at 3, 6, 10-11. Reconsideration Petition. Southern Communications Systems, Inc., Request for Limited Rule Waiver to Comply with PCS Installment Payment for C Block License in the Cleveland, TN BTA, Supplement for Petition for Reconsideration (filed Jan. 6, 2000) ("Reconsideration Petition Supplement"). See MO&O,
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    • therefore disagree with Cingular's argument that a transition period as proposed by Sprint is an attempt to gain a competitive or financial advantage over other CMRS providers. See Cingular Reply Comments at 25; see also Strategic Policy Reply Comments on behalf of Cingular at 3-4. See First Biennial Review Order, 15 FCC Rcd at 9245 n.138. See 47 C.F.R. � 1.925 (setting forth general standard for waiver); First Biennial Review Order, 15 FCC Rcd at 9256 � 82 (stating that Commission will consider waivers ``to the extent that a carrier can credibly demonstrate that in a particular geographic area the spectrum cap is currently having a significant adverse effect on its ability to provide 3G or other advanced services''). See supra
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    • to the provided conditions. We are confident that this waiver will ensure that appropriate steps will be made to ensure the integrity of the schools and libraries universal service mechanism. Accordingly, IT IS ORDERED that, pursuant to sections 1, 4(i), and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and 254 and sections 1.3, 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, the waiver request filed by the State of Alaska on January 29, 2001, is GRANTED, subject to the conditions indicated herein. IT IS FURTHER ORDERED that this Order is effective upon release. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Petition of the State of Alaska for Waiver for the Utilization of
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    • licensees (both co- and adjacent-channel) are made aware of a licensee's proposed higher-power and whether these licensees have consented to such operation. To the extent a licensee wants to exceed the 50 kW ERP limit, it may file a waiver request whereby the Commission can allow interested parties to participate and assess any potential interference problems. See 47 C.F.R. � 1.925. See Notice, 16 FCC Rcd at 7300, 7312 �� 43, 78. Id. at 7312 � 43. Id. at 7299 � 41. See supra Section III.B.2.a.i. When applicable, this requirement includes notification to Part 27 commercial and guard band manager licensees operating on Channel 60 (746-752 MHz) in the Upper 700 MHz Band. See Upper 700 MHz First Report and Order,
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    • oppositions to LMR's Application for Review. DISCUSSION In its Application for Review, LMR submits three reasons to reinstate and grant its applications. Specifically, LMR contends that (1) the Division based its decision upon facts that were not properly before it by relying on Waiver I because it was superseded by Waiver II, (2) the Division's Order misconstrues or ignores Sections 1.925(c)(ii) and 1.934(d)(2) of our Rules and (3) the Division's action was in conflict with statute, regulation, case precedent or Commission policy by applying Section 90.179 to LMR, as an applicant. LMR argues that the Division based its decision upon facts that were not properly before it by relying on the initial waiver request, which was superseded by Waiver II. We
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    • See Broadwave Network, LLC Application for License to Provide a New Terrestrial Transport Service in the 12.2-12.7 GHz Band (filed Jan. 8, 1999), Exhibit 3 (Broadwave application); 47 C.F.R. �� 101.105, 101.107, 101.109, 101.111, 101.115, 101.139, 101.603. We note that the waiver requests of Pegasus and SRL raise similar issues and are resolved herein as well. See 47 C.F.R. � 1.925(b)(1). 47 C.F.R. �� 101.105, 101.107, 101.109, 101.111, 101.115. Broadwave Application Exhibit 3, page 3. Northpoint Reply Comments to Northpoint Waiver at 5. Id. See, e.g. MITRE Report. For example, in the 35 MHz MO&O, the Commission determined that a change of policy with respect to the use of certain frequencies should take place within the context of a rule making
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    • service along at least 60 percent of the waterway. Havens acknowledges both that he did not propose to serve at least 60 percent of each waterway and that Section 80.475(a) does not contain a ``substantial service'' option. We also note that Havens did not request a waiver of Section 80.475(a), pursuant to the criteria set forth in 47 C.F.R. � 1.925, at any point during this proceeding. Accordingly, we find no error by the Division, and decline to address Section 1.925 of our Rules sua sponte. Turning to Havens's claim that Regionet has received favorable licensing treatment, Havens refers to certain Regionet applications which he contends did not comply with the service coverage requirements but were nonetheless granted improperly under Section
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    • Commission's Reference Information Center, Consumer Information Bureau, SHALL SEND a copy of this Report and Order, WT Docket No. 99-366, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, ACR's request for waiver of Section 80.1061 of the Commission's Rules, 47 C.F.R. �� 80.1061, filed on January 10, 2001, and McMurdo's request for waiver of Section 80.1061 of the Commission's Rules, 47 C.F.R. �� 80.1061, filed on August 23, 2002, to permit type certification of ACR's personal EPIRB, FCC Identification Number
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    • Commission's Reference Information Center, Consumer Information Bureau, SHALL SEND a copy of this Report and Order, WT Docket No. 99-366, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, ACR's request for waiver of Section 80.1061 of the Commission's Rules, 47 C.F.R. �� 80.1061, filed on January 10, 2001, and McMurdo's request for waiver of Section 80.1061 of the Commission's Rules, 47 C.F.R. �� 80.1061, filed on August 23, 2002, to permit type certification of ACR's personal EPIRB, FCC Identification Number
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    • 47 U.S.C. �� 154(i), 303(r), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, that the petition for reconsideration filed by Warren C. Havens on January 8, 2001 IS DENIED. IT IS FURTHER ORDERED pursuant to Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 405, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Warren C. Havens on January 16, 2001 IS DENIED. IT IS FURTHER ORDERED pursuant to Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, that
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    • 47 U.S.C. �� 154(i), 303(r), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, that the petition for reconsideration filed by Warren C. Havens on January 8, 2001 IS DENIED. IT IS FURTHER ORDERED pursuant to Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 405, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Warren C. Havens on January 16, 2001 IS DENIED. IT IS FURTHER ORDERED pursuant to Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, that
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    • supports VoiceStream's argument that its proposal is prima facie lawful and not unreasonable discrimination or an unreasonable preference under Section 202(a) of the Communications Act. On December 11, 2001, the Wireless Telecommunications Bureau (Bureau) sought comment on VoiceStream's Petition. Two comments supporting VoiceStream's waiver request were filed in response to the Public Notice, and VoiceStream submitted reply comments. discussion Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in view of the unique
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    • set forth in subpart F of this part (see �� 1.927, 1.929 of this part). (b) The Commission may waive specific requirements of the rules affecting spectrum leasing arrangements and the use of leased spectrum, on its own motion or upon request, in accordance with the policies, procedures, and standards set forth in subpart F of this part (see � 1.925 of this part). (c) Notifications and pending applications regarding spectrum leasing arrangements may be dismissed in accordance with the policies, procedures, and standards applicable to applications as set forth in subpart F of this part (see � 1.935 of this part). * * * * * PART 27 - MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES 8. The authority citation for Part 27
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    • set forth in subpart F of this part (see �� 1.927, 1.929 of this part). (b) The Commission may waive specific requirements of the rules affecting spectrum leasing arrangements and the use of leased spectrum, on its own motion or upon request, in accordance with the policies, procedures, and standards set forth in subpart F of this part (see � 1.925 of this part). (c) Notifications and pending applications regarding spectrum leasing arrangements may be dismissed in accordance with the policies, procedures, and standards applicable to applications as set forth in subpart F of this part (see � 1.935 of this part). * * * * * PART 27 - MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES 8. The authority citation for Part 27
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    • No. 0000138901 at Exhibit C; FCC File No. 0000138914 at Exhibit C; FCC File No. 0000138925 at Exhibit C; and FCC File No. 0000222488 at Exhibit C (May 24, 2000 Applications, Exhibit C); FCC File No. 0000472773 (filed May 24, 2001). Objection at 8-9. Id. at 3-4. Id. at 4. 47 C.F.R. � 1.934(f). AFR at 3-4. 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). WAIT Radio v. FCC, 413 F.2d 1153, 1157 (D.C. Cir. 1969) (WAIT Radio) aff'd, 459 F.2d 1203 (1972) cert. denied, 409 U.S. 1027 (1972) citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968); Birach Broadcasting Corporation, Memorandum Opinion and Order, 2003 WL 202677 (2003). WAIT Radio v. FCC, 413 F.2d
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    • refer it to the Commission en banc. In any event, this argument is moot in light of our affirmation of the Bureau's decision in this Memorandum Opinion and Order. 7. Applicable waiver standard: We further reject Delta's assertion that the Bureau applied the incorrect standard in evaluating Delta's waiver request. Delta argues the correct standard is that found in Section 1.925(b)(3) of our Rules. However, that rule appears in Subpart F of Part 1 of the Rules - Wireless Telecommunications Services Applications and Proceedings - and thus is limited to wireless proceedings. Further, the material provisions of the standard applied by the Bureau are virtually identical to those found in Section 1.925(b)(3). In this case, as detailed below, the Bureau correctly
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    • No. 01-184, and CC Docket No. 95-116, Memorandum Opinion and Order, 17 FCC Rcd 14972, 14976, para. 31. See Pine Belt Petition. Amended Petition for Waiver by Pine Belt PCS, Inc. and Pine Belt Cellular, Inc. CC Docket Nos. 99-200, 95-116, WT Docket No. 01-184, filed Sept. 23, 2003 (Pine Belt's Amended Petition). 47 C.F.R. � 1.3. 47 C.F.R. � 1.925(b)(3)(ii). See Northeast Cellular Telephone Co. v. FCC, 897 F. 2d 1164, 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC 418 F. 2d 1153 (D.C. Cir. 1969)). See Letter from John Kuykendall, Kraskin, Lesse & Cosson, LLC to Marlene H. Dortch, Secretary, FCC (filed Mar. 24, 2003). Petition for Limited Waiver and Extension of Time by Kodiak Wireless, LLC, CC
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    • a private sector applicant be designated by a government entity. Such consideration will be given in circumstances in which the private sector applicant can demonstrate convincingly that there is no relevant government entity from which it can obtain such a designation, or there are other practical difficulties to securing such a designation, or the waiver is otherwise warranted under Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. We would consider there to be practical difficulties potentially warranting a waiver if the applicant can demonstrate, for example, that obtaining designation from a government entity would be prohibitively costly or would take too long. We do not here attempt to catalog exhaustively all the types of practical difficulties that may warrant
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    • the public interest. The good cause standard, as applied in the E911 waiver context, is discussed further in Section III C below, which discusses generally the showing expected to demonstrate good cause for a grant of waiver relief. For the foregoing reasons, with respect to a Tier III carrier who has petitioned for temporary waiver pursuant to sections 1.3 and 1.925 of the rules that is beyond the deadlines set forth in the Non-Nationwide Carriers Order, we stay the application of sections 20.18(d), (e), (f), (g), and/or (h) until we rule on that carrier's waiver petition or six months from the release date of this Order, whichever is sooner. We will not act on these waiver petitions until at least one
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    • the public interest. The good cause standard, as applied in the E911 waiver context, is discussed further in Section III C below, which discusses generally the showing expected to demonstrate good cause for a grant of waiver relief. For the foregoing reasons, with respect to a Tier III carrier who has petitioned for temporary waiver pursuant to sections 1.3 and 1.925 of the rules that is beyond the deadlines set forth in the Non-Nationwide Carriers Order, we stay the application of sections 20.18(d), (e), (f), (g), and/or (h) until we rule on that carrier's waiver petition or six months from the release date of this Order, whichever is sooner. We will not act on these waiver petitions until at least one
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    • of mass transit systems, interoperability may put them at increased risk of interference from other systems). TransCore Comments at 11 (the Commission should not foreclose the design and development of low-cost simple devices that do not implement all of the capabilities contained in the adopted standard, but provide useful applications without interfering with other DSRC devices). See 47 C.F.R. � 1.925. ITS America Comments at 11. See PSWN Reply Comments at 6 (Commission should regularly review the ASTM-DSRC Standard to ensure that it remains current). ASTM-DSRC Standard at 1; Status Report at 5-6. Wireless LAN Medium Access Control and Physical Layer Specifications. See ASTM-DSRC Standard at 1. Wireless LAN Medium Access Control and Physical Layer Specifications High-Speed Physical Layer in the
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    • See Letter from William M. Wiltshire, Counsel for The News Corporation, et al., to Marlene H. Dortch, Secretary, FCC, (September 22, 2003) ("Applicants' Sept. 22 Ex Parte") at 3. Id. at 2, 4. Id. at 4. See, e.g., 2002 Biennial Review Order, 18 FCC Rcd at 13643-45 �� 73-79. Applicants' Sept. 22 Ex Parte at 2. See 47 C.F.R. � 1.925. Application at 31-33, Giacalone Decl. �� 9-14. ACA Comments at 26. EchoStar Petition at 43-44; JCC Comments at 69-70. It appears that these claimed savings were not included in the estimate of the total savings that would result from the merger. See Application, Giacalone Decl. � 7. In this regard, we note that the Applicants attempt to rebut claims that
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    • in a manner that would have allowed the Bureau to consider its argument, and does not seek a waiver of Section 1.115(c). We therefore dismiss Morris's waiver request as a new argument prohibited under our rules. Second, even if Morris's request were not a new argument prohibited by Section 1.115(c), we would deny the request on its merits under Section 1.925 of our rules. Section 1.925 provides that we may grant a waiver request if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or
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    • Reconsideration Order, 16 FCC Rcd. 9485. Reconsideration Order, 16 FCC Rcd. at 9490, �9 (citing Zimsky, 9 FCC Rcd. at 3239-41; Common Fund Order, 15 FCC Rcd. at 20437, �10). Reconsideration Order, 16 FCC Rcd. at 9490, �9. 47 C.F.R. � 1.3 (Providing the Commission with the authority to grant waivers ``if good cause therefore is shown.''); 47 C.F.R. � 1.925 (``The Commission may grant a waiver request if: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest or, (ii) in view of the unique circumstances of the instant case, application of the rule(s) would
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    • Company Ex Parte, filed June 1, 2004 at 1. Sioux Valley Wireless uses 33 MDS and ITFS channels in the Sioux Falls, South Dakota Basic Trading Area to deliver a combination of video and broadband wireless internet services to over 6000 mostly rural subscribers. Sioux Valley Wireless, Ex Parte, filed June 1, 2004. 47 CFR � 76.905(c). 47 C.F.R. � 1.925(b)(3). See Coalition Proposal, Appendix B at 12-13 n.34. Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Licensing in the Multipoint Distribution Service and in the Instructional Television Fixed Service for the Gulf of Mexico, WT Docket No. 02-68, Notice of Proposed Rulemaking, 17 FCC Rcd 8446 (2002) (Gulf Notice or Gulf of Mexico MDS NPRM
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    • 1990), citing WAIT Radio v. F.C.C., 418 F.2d 1153, 1157-59 (D.C. Cir. 1969). In his Petition for Leave to Amend, Combs also cites Letter to John Prendergast, 15 FCC Rcd 10055 (WTB 2000) as stating a different waiver standard. Petition for Leave to Amend at 2. However, the waiver standard used in that letter was based on 47 C.F.R. � 1.925, which only applies to applications in the Wireless Telecommunications Services. 15 FCC Rcd at 10056 n.5. The Media Bureau has no rules-based waiver standard corresponding to 47 C.F.R. � 1.925. See Delta Radio, Inc., 18 FCC Rcd 16889, 16891 n.19 (2003). See supra note 33. 47 C.F.R. �� 1.2105(b), 73.5002(c). See also Broadcast First Report and Order, 13 FCC Rcd
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    • frequencies. If a licensee does wish to operate an 800 MHz cellular system, it will be required to obtain waivers for any and all sites that meet the second of our two criteria. In that case, a CII or public safety system licensee may avail itself of the Commission's waiver process pursuant to the waiver criteria set out in Section 1.925 of the Commission's Rules. Any such request shall contain both a persuasive showing of need and a demonstration of non-interference. Any waiver granted, will contain a continuing non-interference condition. As stated above, cellular-architecture systems that do not come within the foregoing ``800 MHz cellular'' definition may be operated without need for a rule waiver; nonetheless, they must not cause unacceptable
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    • frequencies. If a licensee does wish to operate an 800 MHz cellular system, it will be required to obtain waivers for any and all sites that meet the second of our two criteria. In that case, a CII or public safety system licensee may avail itself of the Commission's waiver process pursuant to the waiver criteria set out in Section 1.925 of the Commission's Rules. Any such request shall contain both a persuasive showing of need and a demonstration of non-interference. Any waiver granted, will contain a continuing non-interference condition. As stated above, cellular-architecture systems that do not come within the foregoing ``800 MHz cellular'' definition may be operated without need for a rule waiver; nonetheless, they must not cause unacceptable
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    • disputes exist in state court. See e.g., Listeners Guild, Inc. v. FCC, 813 F.2d 465, 469 (D.C. Cir. 1987) (citing Agreements Between Broadcast Licensees and the Public, 57 F.C.C. 2d 42 (1975); Carnegie Broadcasting Co., 5 F.C.C. 2d 882, 884 (1966); Transcontinental Television Corp., 44 F.C.C. 2d 2451, 2461 (1961)). Branch Order, 17 FCC Rcd at 22195, � 13. Section 1.925(b)(3) of our rules provides that a waiver request may be granted if it is shown that: (1) the underlying purpose of the rule would not be served, or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual
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    • on how the Commission might tailor a rule waiver based on what they allege to be unique circumstances. In particular, T-Mobile and its supporters argue that due to the unique circumstances presented by the NextWave Settlement the Commission should, at a minimum, waive the eligibility rules for the licenses being returned to the Commission through that agreement. Pursuant to Section 1.925 of the Commission's rules, the Commission may grant a request for a rule waiver if the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant would be in the public interest. Alternatively, the Commission may grant a request for waiver if, in view of the unique
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    • �� 154(i), (j), 309, 310(d), the applications for the transfer of control of licenses from AT&T Wireless to Cingular ARE GRANTED, to the extent specified in this order and subject to the conditions specified below. IT IS FURTHER ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), and sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.925, the Request for Waiver of the Commission's Cellular Cross-Interest Rule, 47 C.F.R. � 22.942, IS GRANTED. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and (j), 309, 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 309, 310(d), the applications for the pro forma
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    • vis-�-vis other licensees that had satisfactorily demonstrated that a public interest or unique circumstance existed. Nor did the Division agree that a new standard had been imposed. Instead, the Division affirmed that the burden Northstar had to overcome was not to show whether it had merely constructed facilities, but whether it had met the criteria for waiver pursuant to section 1.925, the same standard that is applied to all licensees requesting waiver of the construction requirements. The Division also rejected Northstar's arguments that the build-out rule served no purpose in this instance, stating that the construction requirements were promulgated pursuant to the Communications Act and serve worthwhile public policy purposes, such as the timely and efficient use of spectrum, which are
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    • errors in the Division decision. These typographic errors are of no decisional significance and therefore are harmless error. See North Florida MMDS Partners, 10 FCC Rcd 11593, 11599 n. 19 (1995), quoting Greater Boston Television Corp. v. FCC, 444 F.2d 841, 851 (D.C. Cir. 1970), cert. denied, 403 U.S. 923, 91 S.Ct. 2233 (1971). See 47 C.F.R. �� 1.3 and 1.925. See WAMC, Inc., 10 FCC Rcd 12219 (1995) (denying an application for review raising essentially the same arguments as in a petition for reconsideration). (...continued from previous page) (continued....) Federal Communications Commission FCC 04-261 Federal Communications Commission FCC 04-261 �@��� [ \ ^ | � � � \ h� gd� h� \ F S � tm \ � � �
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    • analysis because Cingular holds a greater-than-ten-percent ownership interest in Salmon PCS. See id. at 11. See id. See id. at 10-11, Amended Attachment 1. See id. See id. at 11-12. See id. at 9. See id. See id. This transaction was not challenged by Nextel or Eldorado/NY Telecom on the grounds that it would cause competitive harm. 47 C.F.R. � 1.925. 47 C.F.R. � 1.2111(c)(1). The Commission has previously clarified that the approval of an assignment or transfer that results in installment payment unjust enrichment is conditioned upon the full payment of the required unjust enrichment payment on or before the consummation date. Therefore, there is no need to waive the timing of section 1.2111(c) in order to permit the Applicants
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    • at 4; ITA Comments at 7. See 800 MHz R&O, 19 FCC Rcd 15041-45 �� 132-141. Id. at 15043 � 136. See CTIA Ex Parte at 2. See also 47 C.F.R. �� 22.970, 90.672. See CTIA Ex Parte at 2. See 800 MHz R&O, 19 FCC Rcd 15045 � 143. See 47 C.F.R. �� 22.972(a)(2), 90.674(a)(2). See 47 C.F.R. � 1.925 (setting forth waiver standard). 800 MHz R&O, 19 FCC Rcd 15044-45 � 140 Id. at 15043 � 138. Id. at 15130 � 346. We may consider and exercise any appropriate enforcement action within our authority, including assessment of monetary forfeitures or, if warranted, license revocation if Nextel failed to meet this interim benchmark, for reasons that Nextel, with the exercise
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    • at 4; ITA Comments at 7. See 800 MHz R&O, 19 FCC Rcd 15041-45 �� 132-141. Id. at 15043 � 136. See CTIA Ex Parte at 2. See also 47 C.F.R. �� 22.970, 90.672. See CTIA Ex Parte at 2. See 800 MHz R&O, 19 FCC Rcd 15045 � 143. See 47 C.F.R. �� 22.972(a)(2), 90.674(a)(2). See 47 C.F.R. � 1.925 (setting forth waiver standard). 800 MHz R&O, 19 FCC Rcd 15044-45 � 140 Id. at 15043 � 138. Id. at 15130 � 346. We may consider and exercise any appropriate enforcement action within our authority, including assessment of monetary forfeitures or, if warranted, license revocation if Nextel failed to meet this interim benchmark, for reasons that Nextel, with the exercise
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    • that the MICS rules need revisiting to more widely accommodate these or other additional types of devices, we will promptly initiate a rulemaking proceeding, whether on our own motion or in response to a request by any party. The waiver granted herein, is also subject to the outcome of any such rulemaking proceeding. V. ORDERING CLAUSE Accordingly, pursuant to Section 1.925 of the Commission's rules (47 C.F.R. � 1.925), Biotronik, Inc.'s petition for waiver of the MICS rules IS GRANTED for the manufacture and use of the Philos DR-T implantable cardiac pacemaker and other implanted cardiac devices, as described in this Order, subject to the following conditions: This waiver applies to implanted cardiac devices only. This waiver is limited to devices
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    • 1934, as amended, 47 U.S.C. �� 1, 154(i), 302, and 303(f) and (r), NOTICE IS HEREBY GIVEN of the proposed regulatory changes described in this Notice of Proposed Rulemaking and that COMMENT IS SOUGHT on these proposals. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Blanket Waiver, filed May 29, 2002, by the Fixed Wireless Communications Coalition and the National Spectrum Managers Association, IS HEREBY DENIED. IT IS FURTHER ORDERED that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Notice of Proposed Rulemaking, including the Initial
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    • 17 FCC Rcd at 14844 �� 10-11. See, e.g., SHHH Comments at 7; Cingular Reply Comments at 2. See Cingular Reply Comments at 2. See Letter from Michael S. Bennet, counsel for RTG, and Joshua Zeldis, counsel for the TDMA Carriers, to Marlene H. Dortch, Secretary, FCC, WT Docket No. 01-309 (filed May 27, 2005). See 47 C.F.R. �� 1.3, 1.925. See also WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), appeal after remand, 459 F.2d 1203 (D.C. Cir. 1972), cert. denied, 409 U.S. 1027 (1972); see also Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990) (a waiver of the Commission's rules may be granted in instances where the particular facts make strict compliance inconsistent
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    • of the level of scrutiny that will be applied in reviewing a request for renewal of a late-filed renewal application-or any other request for waiver of the Commission licensing rules-does not violate the requirement that adequate notice be provided. Nonetheless, we find that this case presents unusual factual circumstances that warrant grant of the Application for Review. Pursuant to Section 1.925 of our rules, we may grant a waiver if it is shown that: (a) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) in view of unique or unusual factual circumstances of the
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    • this condition. We note that this condition is consistent with the outreach efforts described by the Commission in the Hearing Aid Compatibility Order, as well as the requirement that compliance reports provide information regarding ``outreach efforts.'' ordering clauses Accordingly, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the waiver relief requested in the Letter from Thomas Goode, counsel to the Alliance for Telecommunications Industry Solutions, and in the Presentation of the HAC Incubator Working Group 9, filed on August 1, 2005, IS GRANTED to the extent set forth herein. IT IS FURTHER ORDERED that the
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    • is in full compliance with Section 20.19(c)(3)(i)(A) of the Commission's rules. In addition, this report must contain detailed information that describes and discusses with specificity T-Mobile's efforts to make hearing aid-compatible digital wireless handsets available to consumers. Ordering Clauses. Pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the Petition for Waiver of Section 20.19(c)(3) of the Commission's Rules filed by T-Mobile USA, Inc. on August 26, 2005, IS GRANTED to the extent set forth herein. Pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and
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    • subscribers of location-capable handsets no later than December 31, 2005. Applicable Waiver Standards The Commission has recognized that smaller carriers may face extraordinary circumstances in meeting one or more of the deadlines for Phase II deployment. Section 1.3 of the Commission's Rules establishes that the Commission may grant relief from its rules for good cause shown. Further, pursuant to Section 1.925(b)(3), the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or contrary to the
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    • After ensuring that 100 percent of all new digital handsets activated are location-capable, licensees must achieve ninety-five percent penetration among their subscribers of location-capable handsets no later than December 31, 2005. Applicable Waiver Standards The Commission has recognized that smaller carriers may face ``extraordinary circumstances'' in meeting one or more of the deadlines for Phase II deployment. Pursuant to Section 1.925(b)(3) of the Commission's Rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome,
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    • conditions and reporting requirements to ensure that SouthernLINC achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Waiver by Southern Communications Services, Inc. d/b/a SouthernLINC Wireless IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be
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    • conditions and reporting requirements to ensure that Cellcom achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Limited Waiver and Extension of the Commission's Phase II E911 Rules filed by Northeast Communications of Wisconsin, Inc. dba Cellcom IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements
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    • conditions and reporting requirements to ensure that Cellcom achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Limited Waiver and Extension of the Commission's Phase II E911 Rules filed by Northeast Communications of Wisconsin, Inc. dba Cellcom IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements
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    • reporting requirements to ensure that Golden State achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from the Commission's E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules filed by California RSA No. 3 Limited Partnership d/b/a Golden State Cellular IS GRANTED IN PART to the extent described above,
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    • conditions and reporting requirements to ensure that Leaco achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that an extension of time IS GRANTED to Leaco to augment the record with respect to its request for further extensions of time to comply with the location-capable handset sale and activation requirements contained in Section 20.18(g)(1)(i)-(iv), as requested in the Leaco Rural Telephone Cooperative, Inc.
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    • and reporting requirements to ensure that Cellular South achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by Cellular South Licenses, Inc., IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting
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    • credit thresholds). See United States v. Virginia, 518 U.S. 515 (1996); Adarand Constructors v. Pena, 515 U.S. 200 (1995). See Freeze Public Notice at 18,277; see also supra section II., para. 9. See Freeze Public Notice at 18,278 (citing 800 MHz R&O). See Freeze Public Notice at 18,278 n.7. See Freeze Public Notice at 18,278 n.7 (citing 47 C.F.R. � 1.925). See Informal Opposition of Verizon Wireless, File No. 00001845839, et al. (Verizon Informal Opposition) (filed Sept. 14, 2004) (We note that Verizon filed its opposition prior to the Commission issuing the Freeze Public Notice. Verizon is opposed to the Commission granting the now pending applications for 900 MHz private mobile radio service (PMRS) submitted by ACI 900, Inc., a subsidiary
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    • Rcd at 14843 � 35; Order to Stay, 18 FCC Rcd at 20997-98 � 30. See Order to Stay, 18 FCC Rcd at 20989 � 3. See id. at 20994-96 �� 17-21. See Non-Nationwide Carriers Order, 17 FCC Rcd at 14846 � 20; Order to Stay, 18 FCC Rcd at 20987 � 2. 47 C.F.R. � 1.3. See also Section 1.925 of the rules, 47 C.F.R. � 1.925(b)(3). See WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), appeal after remand, 459 F.2d 1203 (D.C. Cir. 1972), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio); see also Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990). See WAIT Radio, 418 F.2d 1159. See Order to Stay, 18
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    • signals because the Commission recently refrained from creating must-carry rights until the DTV transition ends. Discussion. Qualcomm seeks a Commission declaratory ruling establishing a de minimis threshold applicable to all commercial 700 MHz licensees subject to section 27.60. After reviewing the record, we find it more appropriate to analyze Qualcomm's request pursuant to the waiver standard set forth in section 1.925(b)(3). Under this standard, we may grant a waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the
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    • Specifically, we extend the date that Thumb must achieve 95% penetration until July 31, 2006. We further impose the conditions and reporting requirements described above to ensure that Thumb achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Waiver of the December 31, 2005 95% GPS Subscriber Penetration Requirement filed by Thumb Cellular LLC IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be July
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    • we extend the date by which Appalachian must achieve 95% penetration to December 31, 2006. We further impose the conditions and reporting requirements described above to ensure that Appalachian achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by East Kentucky Network, LLC d/b/a Appalachian Wireless IS GRANTED, subject to the conditions and reporting requirements specified herein. The
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    • conditions and reporting requirements to ensure that Farmers achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Farmers Mutual Telephone Company Petition for Temporary and Limited Waiver of Section 21.18(g)(1)(v) of the Commission's Rules filed November 14, 2005 IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements specified
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    • Dobson has failed to satisfy the Commission's waiver standards. For these reasons, we deny Dobson's request to waive the handset penetration deadline. In light of the particular circumstances faced by Dobson, however, we will not pursue enforcement action with respect to Dobson's failure to timely comply with Section 20.18(g)(1)(v). ordering clauses Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Dobson Cellular Systems, Inc. Request for Limited Waiver of December 31, 2005 E911 Deadline IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See Dobson Cellular Systems, Inc. Request for Limited Waiver of December 31, 2005 E911 Deadline, CC
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    • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3 and 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Request for Limited Waiver by Sprint Nextel Corporation, filed Sept. 29, 2005, IS DENIED. IT IS FURTHER ORDERED that Sprint Nextel is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED that the matter of the
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    • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 1.3 and 1.925 of the Commission's rules, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Petition for Limited Waiver by Nextel Partners, Inc., filed Oct. 21, 2005, IS DENIED. IT IS FURTHER ORDERED that Nextel Partners is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED that the matter of the non-compliance of Nextel Partners with Section
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    • period of time should provide an adequate window for the successful manufacture and utilization of the subject devices while we contemplate changes to the medical implant rules. Also, during this period, advances in technology may improve the operability and availability of listen-before-talk implantable devices, obviating the need for a waiver for future devices. V. ORDERING CLAUSES Accordingly, pursuant to Section 1.925 of the Commission's rules (47 C.F.R. � 1.925), DexCom's petition for waiver of the MICS rules IS GRANTED for the manufacture and use of the STS and LTS blood glucose monitoring systems, as described in this Order, subject to the following conditions: Devices authorized by this waiver will: (a) Occupy no more than 120 kHz of bandwidth at 402.142 MHz
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    • reporting requirements to ensure that VA Cellular achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from the Commission's E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for a Limited Waiver and Extension of the Commission's Phase II E911 Rules filed by Virginia Cellular LLC, Inc. d/b/a Cellular One IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting
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    • NII. As noted above, the 800 MHz Supplemental Order specifically named NII's predecessor, Nextel International, as one of the entities from which a letter was required. However, for the reasons stated below, we grant Sprint Nextel's request to waive the requirement in this instance. The Commission evaluates requests for waiver in wireless proceedings pursuant to guidelines set out in section 1.925(b) of its rules. The party seeking waiver must show that application of the rule in question either would not serve ``[t]he underlying purpose of the rule(s),'' ``would be inequitable, unduly burdensome or contrary to the public interest,'' or ``the applicant has no alternative.'' In support of its waiver request, Sprint Nextel emphasizes that NII is an independent, publicly traded company
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    • extend the date that South Canaan must achieve 95% penetration until December 31, 2006. We further impose the conditions and reporting requirements described above to ensure that all Petitioners achieve full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Waiver of GPS Handset Penetration Rule by Badlands Cellular of North Dakota Limited Partnership IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be June 30, 2006.
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    • we expect Chinook to have transitioned its subscribers to a network-based E911 Phase II solution. We further impose the conditions and reporting requirements described above to ensure that Chinook achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request For a Limited Waiver and Extension of the Commission's Phase II E911 Rules by MTPCS, LLC dba Chinook Wireless IS GRANTED, subject to the conditions and reporting requirements specified herein. Section 20.18(g)(1)(v) is waived until September 30, 2006.
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    • the date that Appalachian must achieve 95% penetration until June 30, 2006. We further impose the conditions and reporting requirements described above to ensure that Carolina West and Appalachian achieve full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by North Carolina RSA 3 Cellular Telephone Company d/b/a Carolina West Wireless IS GRANTED, subject to the conditions and reporting requirements
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    • Specifically, we extend the date that Petitioners must achieve 95% penetration until one year following release of this Order, and impose conditions and reporting requirements to ensure that they achieve full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that this Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Waiver of the December 31, 2005 95% GPS Subscriber Penetration Requirement by CTC Telecom, Inc. IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements specified herein. The deadline for compliance
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    • the date that South Central must achieve 95% penetration until one year following release of this Order. We further impose conditions and reporting requirements to ensure that Petitioners achieve full compliance with the Commission's E911 requirements. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Petition for Temporary Waiver or Temporary Stay by North Dakota Network Company IS GRANTED( subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be September 30( 2006. IT IS FURTHER ORDERED,
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    • conditions and reporting requirements to ensure that C&CC achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Petition for Waiver of Section 20.18(g)(1)(v) filed by Cable & Communications Corporation, IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will
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    • conditions and reporting requirements to ensure that Pacifica achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the GTE Pacifica, Inc. d/b/a Verizon Pacifica Request for Waiver filed December 19, 2005 IS GRANTED to the extent described above, and subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be
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    • conditions and reporting requirements to ensure that CVW achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Copper Valley Wireless, Inc. Petition for Waiver or Temporary Stay filed December 20, 2005 IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements specified herein. The deadline for compliance with Sections
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    • Memorandum Opinion and Order, Third Memorandum Opinion and Order and Second Report and Order is hereby ADOPTED. IT IS FURTHER ORDERED that he Petitions for Reconsideration filed in these proceedings ARE GRANTED to the extent indicated and are otherwise DENIED. IT IS FUTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the ``Request for Waiver'' filed by W.A.T.C.H. TV Company on April 29, 2005 IS GRANTED. IT IS FURTHER ORDERED, that the proceeding entitled Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Licensing in the Multipoint Distribution Service and in the Instructional Television Fixed Service for the
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    • the assessment of unjust enrichment in the context of the partition and/or disaggregation of licenses). See id. Licensees may, under section 1.946(e) of our rules, request an extension of time to meet the applicable construction requirements. 47 C.F.R. � 1.946(e). Additionally, licensees may also request a waiver of the construction requirement, and this request must meet the requirements of section 1.925 of our rules. 47 C.F.R � 1.925. We note that we will undertake careful scrutiny of requests for extension of the construction requirements filed by designated entities consistent with our rules, obligations under the Communications Act, and legal precedent, and that we will consider , as part of our review, whether the extension request is an effort to defeat the
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    • individual requests for waiver. Instead, the Commission will continue to apply its well-established waiver criteria, and the standard enunciated under the ENHANCE 911 Act, on a case-by-case basis, in evaluating requests for waiver of the December 31, 2005 handset penetration requirement contained in Section 20.18(g)(1)(v) of the Commission's Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Joint Petition for Suspension or Waiver of the Location-Capable Handset Penetration Deadline filed by CTIA - The Wireless Association and the Rural Cellular Association IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX Comments ACS Wireless, Inc. (ACS)
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    • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Limited Waiver by Verizon IS DENIED. IT IS FURTHER ORDERED, that Verizon is subject to the reporting requirements specified herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See Request for Limited Waiver by Verizon Wireless, CC Docket
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    • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Petition for Limited Waiver and Brief Extension of Leap Wireless International, Inc. IS DENIED. IT IS FURTHER ORDERED, that Leap is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED, that the Qwest Wireless, LLC Request for
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    • for Waiver, filed April 14, 2006. City of Richmond, VA, Third Recommended Resolution and Renewed Request for Waiver, filed April 14, 2006. District of Columbia, Second Recommended Resolution and Renewed Request for Waiver, filed March 10, 2006. Fairfax County, VA, Fourth Recommended Resolution and Renewed Request for Waiver, filed May 4, 2006. This supersedes earlier extension requests. 47 C.F.R. � 1.925(b)(3). The TA has also submitted some extension requests that have become moot because the parties have subsequently reached agreement or the record has been forwarded to PSCID for de novo review and resolution. See State of Maryland and County of Montgomery, Maryland, Consolidated Recommended Resolution and Request for Waiver, filed February 13, 2006; City of Chicago, Illinois, Recommended Resolution and
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    • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Alltel Corporation Petition for Limited Waiver IS DENIED. IT IS FURTHER ORDERED, that Alltel is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED that the matter of Alltel's non-compliance with Section 20.18(g)(1)(v) SHALL BE REFERRED to
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    • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Request of Centennial Communications Corp. for Limited Waiver/Extension of Location-Capable Handset Penetration Deadline IS DENIED. IT IS FURTHER ORDERED that Centennial is subject to the reporting requirements specified herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Request of Centennial
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    • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for a Limited Waiver of United States Cellular Corporation IS DENIED. IT IS FURTHER ORDERED, that USCC is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED, that the matter of USCC's non-compliance with Section 20.18(g)(1)(v)
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    • steps to ensure that negotiations proceed in a fair and expeditious manner, and stressed the importance of Sprint providing sufficient resources to engage in meaningful negotiations with public safety licensees. In order to extend the mandatory negotiation period as requested by the TA, we must waive Section 90.677(c) of the Commission's Rules, which specifies a three-month mandatory negotiation period. Section 1.925 of the Commission's rules states that a rule waiver is warranted if ``(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual circumstances of the case, application
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    • of location-capable handsets. Specifically, we extend the date that NTELOS must achieve 95% penetration until November 1, 2006, and impose conditions and reporting requirements to ensure that NTELOS achieves full compliance with the Commission's E911 requirements. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that The NTELOS Companies Petition for Limited Waiver filed October 21, 2005 IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be November
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    • we extend the date that Midwest must achieve 95% penetration until June 30, 2006. We further impose the conditions and reporting requirements described above to ensure that the Petitioners achieve full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Petition for Temporary and Limited Waiver of Section 20.18(g)(1)(v) of the Commission's Rules by LL License Holdings, Inc. IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be December
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    • 800 MHz band instead of remaining on their current non-ESMR spectrum. MRA acknowledges that the rules do not permit licensees that hold only site-based licenses to relocate to the ESMR band, but submits that a waiver is warranted in its specific case. As discussed below, we find that MRA has failed to meet the waiver standard set out in Section 1.925 of the Commission's rules and we deny its waiver request. In support of its waiver request, MRA claims that it has sufficient channel capacity to develop a viable ESMR system even though it does not hold an EA license. MRA also claims that it developed its business plan in reliance on a 1997 Commission order giving 800 MHz EA and
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    • the affected areas and shelters around the country. See Written Statement of Kevin J. Martin, Chairman, Federal Communications Commission at Hearing on Public Safety Communications from 9/11 to Katrina: Critical Public Policy Lessons, Before the Subcommittee on Telecommunications and the Internet, Committee on Energy and Commerce, U.S. House of Representatives (September 29, 2005). See, e.g., 47 C.F.R. �� 1.3, 1.915(b), 1.925, 1.931(b)(5). See, e.g., 47 C.F.R. � 90.407 (providing a self-actuating mechanism whereby private land mobile and public safety licensees may utilize their radio stations for emergency communications in a manner other than that specified in the station authorization or in the rules and regulations governing the operation of such stations, during a period of emergency in which the normal communication
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    • that the Commnet Carriers have not presented an adequate basis for reconsidering the Commission's denial of their requested waivers of the E911 requirements in the Tier III Carriers Order. Our denial of the Joint Petition is without prejudice to the filing of a new, more limited and focused request for relief, consistent with the waiver standards set out in Section 1.925 of the Commission's rules, and the Commission's E911 Phase II waiver standards, including a demonstration of a clear path to full compliance. ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and Sections 1.3, 1.106, and 1.925 of the Commission's rules, 47 C.F.R.
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    • voice network that would be of little utility to mariners, solely for the purpose of meeting the construction deadline. On December 4, 2003, the Division released the Waiver Order, granting MariTEL's request and extending MariTEL's initial construction deadline for two years, until May 19, 2006. The Division concluded that MariTEL had demonstrated that the requested waiver was warranted under Section 1.925(b)(3)(ii) of the Commission's Rules. Specifically, the Division determined that MariTEL had demonstrated unique or unusual circumstances by virtue of the dramatic drop in its subscriber base and call volume due to the increasing availability and decreasing costs of competing voice services. These circumstances supported MariTEL's contention that a voice-based public coast service was no longer economically viable. The Division also
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    • spectrum. � 90.1432 Conditions for waiver to allow limited and temporary wideband operations in the 700 MHz Public Safety spectrum. (a) Wideband operations in the 700 MHz Public Safety spectrum. Wideband operations are prohibited in the public safety allocation of the 700 MHz band public safety spectrum except where the Commission has granted a waiver pursuant to �� 1.3 and 1.925 of this chapter and subject to the additional conditions and requirements specified below. Grants of waiver are restricted to the deployment of a wideband system in the consolidated narrowband portion or the internal public safety guard band portion of the public safety broadband spectrum. Where spectrum in the narrowband segment or internal guard band segment is unavailable for wideband operations,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
    • spectrum. � 90.1432 Conditions for waiver to allow limited and temporary wideband operations in the 700 MHz Public Safety spectrum. (a) Wideband operations in the 700 MHz Public Safety spectrum. Wideband operations are prohibited in the public safety allocation of the 700 MHz band public safety spectrum except where the Commission has granted a waiver pursuant to �� 1.3 and 1.925 of this chapter and subject to the additional conditions and requirements specified below. Grants of waiver are restricted to the deployment of a wideband system in the consolidated narrowband portion or the internal public safety guard band portion of the public safety broadband spectrum. Where spectrum in the narrowband segment or internal guard band segment is unavailable for wideband operations,
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    • of Cameron Letter. West Liberty Letter. Ohio County Letter; City of Cameron Letter. West Liberty Letter. See Waiver Requests at 1 and 47 C.F.R. � 1.913(b). See Waiver Requests at 1 and 47 C.F.R. � 27.1201(c)(3) (2005). See Waiver Requests at 1. See also NPRM and MO&O, 18 FCC Rcd at 6811 � 226, 6825 � 260. 47 C.F.R. � 1.925(b)(3). See 47 C.F.R. � 1.913(b). BTA Auction Order, 10 FCC Rcd at 9612 � 41. Waiver Request at 7 and Waiver Request at Appendix 1. The BTAs, portions of which are within the GSAs proposed in StratusWave's applications, are as follows: B082 Clarksburg-Elkins, WV, B137 Fairmont,WV, B306 Morgantown, WV, B 431 Steubenville/Weirton, OH/WV, and B471 Wheeling, WV. Id. TVCN's request
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    • 333 and 706 of the Communications Act of 1934, 47 U.S.C. �� 151, 152, 154(i), 157, 160, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332, 333, and 706, that this Report and Order is hereby ADOPTED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, that the Petition for Waiver filed by Nextlink Wireless, Inc. on August 4, 2006, the Petition for Waiver filed by First Avenue Networks, Inc. on August 10, 2006, the Petition for Waiver and Expedited Action filed by Telecom Transport Management, Inc. on September 8, 2006, and the Petition for Expedited Waiver Pending Rulemaking filed by Conterra
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    • and reporting requirements set forth herein. IT IS FURTHER ORDERED that the 800 MHz Transition Administrator, on January 15, 2008, shall submit a report on the progress of band reconfiguration to the extent described herein. IT IS FURTHER ORDERED pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 of the Commission's Rules, 47 C.F.R. � 1.925 that the Requests for Waiver submitted by the Cities of Bethlehem and Reading, Pennsylvania, and Covington, Georgia, and the Counties of Rockdale, Newton, Walton, and Spalding, Georgia, in the above-captioned proceeding ARE GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary STATEMENT OF CHAIRMAN KEVIN J. MARTIN Re:
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    • peak EIRP for rural areas (based on a PSD of 8 kW/MHz), would promote deployment of service to rural and underserved areas, where it would be difficult to justify the number of base stations required to serve vast, sparsely populated areas with a 2 kW peak EIRP limit. We find that grant of the requested relief is appropriate under Section 1.925(b)(3)(i), which provides that a waiver may be granted if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest.'' The Commission adopted the 2 kW peak EIRP limit in Section 27.50(f)(1)
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    • we provide Virginia limited waiver relief of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, we will determine the duration of such relief, and whether Virginia is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the Petition and associated public record. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
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    • decisions regarding its provision of service,'' and, absent appropriate safeguards, might result in abuse that could impede the designated entity's ability to become a facilities-based services provider, contrary to the intent of Congress. Accordingly, if an applicant or a licensee has an impermissible material relationship, it is ineligible under our rules for the award of designated entity benefits. Under section 1.925, we have discretion to waive a wireless services or auction rule on our own motion if we find that either (i) the underlying purpose of the rule would not be served, or would be frustrated, by its application in the case at hand, and a grant of the requested waiver would be in the public interest or (ii) the unique
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    • they offered to subscribers. All of the petitioners listed two or more allegedly compliant GSM dual-band handsets that they were offering as of the date of the report. Subsequently, at the request of Commission staff, several of the petitioners filed supplements, providing the FCC ID Number associated with the allegedly compliant models that they were offering. DISCUSSION Pursuant to Section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant would be in the public interest; or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
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    • to use only frequencies in the 773-775 and 803-805 MHz bands to supplement its public safety communications system in Downstate New York before February 17, 2009, the established date for completion of the DTV transition. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the Request for Waiver of Section 90.545 Regarding 700 MHz Public Safety System Interference Protection for Co-Channel and Adjacent Channel Television Stations, filed by the State of New York on October 24, 2005, as amended, IS GRANTED AS CONDITIONED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX Table of TV Stations
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    • III wireless carriers on or shortly before September 16, 2005, seeking waivers of the hearing aid compatibility requirements taking effect on that date. Most importantly, the carriers contend generally that they were unable to comply with the applicable preliminary handset deployment requirement because the requisite hearing aid-compatible handsets were unavailable to them as of September 16, 2005. Pursuant to Section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
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    • to a limited extension of the deadline by which it was required to achieve 95% penetration among its subscribers of location-capable handsets. Accordingly, we grant, nunc pro tunc, Illinois Valley's request for additional waiver and extend the date by which Illinois Valley must achieve 95% penetration to December 12, 2006. ordering clauses IT IS ORDERED, pursuant to sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that Illinois Valley's Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules IS GRANTED, nunc pro tunc. The deadline for compliance with section 20.18(g)(1)(v) of the Commission's rules is December 12,
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    • air interface for commercial mobile radio service, it poses an economic disincentive to potential buyers as any buyer will have to overlay the TDMA system to an alternative air interface.'' This circumstance, however, was entirely foreseeable to the carriers. CPK and Litchfield of Kentucky have not shown that they satisfy any of the criteria for waiver set forth in Section 1.925(b)(3) of the Commission's rules and the cases interpreting that rule. It is the Commission's general policy not to grant extensions of compliance deadlines based on matters within the regulated entities' control, such as business decisions of the sort made by CPK and Litchfield of Kentucky. While it is entirely a matter of each carrier's business judgment as to whether to
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    • Part 80 rules, in order to reduce potential administrative burdens, delay and uncertainty. As a preliminary matter, we note that waivers of the Part 80 rules by parties seeking to use VPC or AMTS spectrum for land mobile radio operations are, like other waivers of the rules pertaining to Wireless Radio Services, assessed under the criteria set forth in Section 1.925 of the Commission's Rules. In that context, we will expect such waiver applicants to explain, inter alia, how they intend to provide priority to maritime communications or why they believe the requirement should be waived. Second, the distance of a proposed land mobile radio operation from the nearest navigable waterways will be a factor in evaluating whether to grant the
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    • HARK System. More recently, the Airspace and Rules Group of the Federal Aviation Administration (FAA) filed a statement in which it said: ``We would not be opposed (to) the FCC issuing waivers to 47 C.F.R. Section 17.47(b) provided the applicant can demonstrate a safe and reliable automatic monitoring system with tracking mechanisms to evaluate the remote monitoring technology.'' DISCUSSION Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
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    • Selection will allow transmitters to assess if channels are in use by others, and to change frequency and bandwidth. Transmission Power Control based on [equivalent isotropically radiated power] will allow transmitters to change power. Id. See BRN Petition at 1-2. See, e.g., WCA Opposition at 12-16; Motorola Opposition at 3-6. See BRN Phoenix Petition at 11. Cf. 47 C.F.R. � 1.925(b)(3). 3650 MHz Order, 20 FCC Rcd at 6519, � 47. 3650 MHz Order, 20 FCC Rcd at 6520-21, �� 50, 52. See also 47 C.F.R. � 90.1321 (codifying power limits). Redline Petition at 3-4 (citing 47 C.F.R � 15.247(b)(4)(ii), which permits a similar exemption to power limits in unlicensed services). See also Wi-Max Forum Reply at 2. Wi-Max Reply at
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    • by which Washington RSA 8 must achieve 95% penetration to August 8, 2007. We further impose the conditions and reporting requirements described herein to ensure that Washington RSA 8 achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by Washington RSA No. 8 Limited Partnership IS GRANTED IN PART, subject to the conditions and reporting requirements specified herein.
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    • Licenses in Waves 1 and 2 must file requests for waiver no later than March 17, 2008, while Wave 3 licensees and non-border Wave 4 licensees must file their requests no later than April 15, 2008. Licensees may file waiver requests after these deadlines if they are based on subsequent developments. Filing Procedures mailbox or pursuant to 47 CFR � 1.925. Licensees should provide copies of requests to both Sprint and the 800 MHz Transition Administrator (TA). Requests will be posted on the Bureau website and in the licensee's Universal Licensing System (ULS) file. For ULS posting purposes, we recommend that licensees with multiple call-signs designate a lead call-sign in the request. Coordinated Requests We encourage licensees that are part of
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    • Rcd at 15127 �� 335-36. See Freeze Public Notice, 19 FCC Rcd at 18277. See id.; see also 800 MHz R&O, 19 FCC Rcd at 15127-28 � 337. See Freeze Public Notice, 19 FCC Rcd at 18278, citing 800 MHz R&O. See Freeze Public Notice, 19 FCC Rcd at 18278 n.7. See id. at 18278 n.7, citing 47 C.F.R. � 1.925. Notice, 20 FCC Rcd at 3815-16 �� 1-3; 3819-20 �� 12-14. Id. at 3823 �26. Id. at 3824 � 30. Id. at 3825-27 �� 34-35. Id. at 3832-34 �� 57-63. Id. at 3835-36 �� 64-68. Id. at 3836 � 66. See Appendix A infra for a list of parties submitting comments, reply comments, and/or ex parte filings in response to
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    • Opposition of Spectrum Acquisitions, Inc., filed July 25, 2008 (SAI Opposition). Id. at 14-16. Id. at 18-19. Id. at 4-5 (citing SAI comments filed June 23, 2008 in WT Docket No. 06-150). 800 MHz 3rd MO&O, 22 FCC Rcd at 17217 � 28. Id. Sprint Petition at 1-2. Id. at 3. Id. at 5. Id. at 3. 47 C.F.R. � 1.925(b)(3)(ii). See WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). Sprint Petition at 2. See also Federal Communications Commission Provides Guidance for Submission of Requests for Waiver of June 26, 2008 Deadline for Completion of 800 MHz Rebanding, Public Notice, 23 FCC Rcd 664 (2008). Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Order, 23
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    • 02-380, 21 FCC Rcd 12266 (2006). Unlicensed Operation in the TV Broadcast Bands; Additional Spectrum for Unlicensed Devices Below 900 MHz and in the 3 GHz Band First Report and Order and Further Notice of Proposed Rule Making, ET Docket Nos. 04-186 & 02-380, 21 FCC Rcd 12266 (2006). Id. at 4. Id. at 7. See also 47 C.F.R. � 1.925. MSTV comments at 11, citing Revision of Part 15 of the Commission's Rules Regarding Ultra-Wideband Transmission Systems First Report and Order, 17 FCC Rcd. 7435 (2002) at �29. UltraVision reply comments at 9. This statement agrees with MSTV's description of the informal demonstration. See Appendix to MSTV's comments. UltraVision reply comments at 9-10. Id. at 10. February 18, 2009 is
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    • had just received its January bills and inquiring about its payment obligations. On the same day, Morris wired to the Commission the amounts that had been due on July 31, 2001. On May 2, 2002, Morris filed a request for waiver of the automatic cancellation of the nine licenses. Morris argued, inter alia, that a waiver was warranted under Section 1.925(b)(3)(ii) of the Commission's rules because its timely submission of installment payments for approximately five years prior to the default and the circumstances surrounding Colson's administration of the Commission's loan portfolio were unique circumstances that rendered the strict application of the installment payment rules inequitable, unduly burdensome, and contrary to the public interest. More specifically, Morris claimed that Colson's loan servicing
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    • they have taken to come into compliance, providing the delivery status of compliant handsets, and providing the date on which they expect to achieve or have achieved compliance. They especially opposed any extension beyond January 1, 2007, and asked that the Commission impose meaningful penalties, including fines, if carriers failed to meet this new deadline. Waiver Standard. Pursuant to Section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
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    • Id. at 3 (objecting to the grant of a waiver to permit MSS access to the band, but stating that if a waiver were to be granted, it be conditioned on a demonstration that ICO will not cause interference to BAS and that ICO meet its financial obligations with respect to the cost of transitioning BAS licensees). 47 C.F.R. � 1.925(b)(3)(ii). See WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). For example, it appears that equipment manufactures have already obligated their resources to Sprint Nextel for the manufacturing of replacement BAS equipment. Also, the time that has been spent in such initial planning steps such as approving inventories could be lost. New ICO Satellite Services G.P., ex parte filing
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    • Company, Inc.'s applications to renew Stations WLK382, WNTC500, WNTC664, and WNTD797, File Nos., 20021231AAB, 20021231AAC, 20021231AAD and 20021231AAE ARE REINSTATED AND ARE REFERRED to the Wireless Telecommunications Bureau, Broadband Division for further processing consistent with this Memorandum Opinion and Order. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 27.1231(g) of the Commission's Rules, 47 C.F.R. �� 1.925, 27.1231(g), that the Request for Waiver filed by Oklahoma Western Telephone Company, Inc. on April 13, 2007 IS DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 27.1231(g) of the Commission's Rules, 47 C.F.R.
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    • application for review. BACKGROUND PSI was the high bidder for sixteen MAS licenses offered in Auction No. 59, but did not file its long-form application until approximately one month after the filing deadline. PSI therefore requested a waiver of the long-form filing deadline. PSCID granted the waiver request, concluding that PSI had demonstrated that such relief was warranted under Section 1.925(b)(3) of the Commission's Rules because it would not undermine the purpose of the rule governing the timely filing of long-form applications, and would serve the public interest. PSCID explained that ``[a]n underlying purpose of post-auction application deadlines is to ensure that winning bidders satisfy the Commission's qualification and eligibility requirements in a timely manner and so avoid `delays in the
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    • Announced forAuction No. 59, Public Notice, 20 FCC Rcd 9551, Attachment A (WTB 2005). 7Applications were due June 9, 2005, but PSI did not file until July 8, 2005. 450 Federal Communications Commission FCC 09-115 requested a waiver of the long-form filing deadline. PSCID granted the waiver request, concluding that PSI had demonstrated that such relief was warranted under Section 1.925(b)(3) of the Commission's Rules8because it would not undermine the purpose of the rule governing the timely filing of long-form applications,9and wouldserve the public interest.10PSCID explained that "[a]n underlying purpose of post-auction application deadlines is to ensure that winning bidders satisfy the Commission's qualification and eligibility requirementsin a timely manner and so avoid `delays in the deployment of new services to
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    • Request Comments). Reply Comments of Sprint Nextel Corporation, the Association for Maximum Service Television, Inc., the National Association of Broadcasters, and the Society of Broadcast Engineers, WT Docket 02-55, WT Docket No. 00-258, ET Docket No. 95-18, filed March 19, 2009 at 6, 8-9 (Sprint et al. Supp. Request Reply). BAS Relocation MO&O at � 30 (citing 47 C.F.R. � 1.925(b)(3)(ii) and WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969)). See BAS Relocation MO&O at � 32. Id. at � 43; See also Sprint Nextel ex parte Filing, WT Docket No. 02-55, ET Docket No. 00-258, ET Docket No. 95-18, filed October 1, 2008 at Appendix C (listing transitioned markets). The Commission found that timely relocation of these markets
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    • 310, 319, 324, 332, 333, that this Notice of Proposed Rulemaking is hereby ADOPTED. IT IS FURTHER ORDERED that NOTICE IS HEREBY GIVEN of the proposed regulatory changes described in this Notice, and that comment is sought on these proposals. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the Request for Waiver Pending Rulemaking filed by the Fixed Wireless Communications Coalition on November 7, 2007 IS GRANTED, and Section 101.31(b)(vii) of the Commission's Rules IS WAIVED to allow for conditional authority on the 22.025/23.225 GHz and 22.075/23.275 GHz channel pairs for non-federal applicants proposing to limit their equivalent isotropically
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    • 69This NPRM and Orderhas been coordinated with the Interdepartment Radio Advisory Committee of NTIA. 70See Reorganization and Revision of Parts 1, 2, 21, and 94 of the Rules to Establish a New Part 101 Governing Terrestrial Microwave Fixed Radio Services, WT Docket No. 94-148, Report and Order, 11 FCC Rcd 13449, 13461-13462 �� 26-27 (1996). 71Waiver Request. 7247 C.F.R. � 1.925(b)(3). 9629 Federal Communications Commission FCC 09-58 24.We believe extending conditional authority would have significant public interest benefits. As FWCC has noted, FS facilities must often be installed on short notice to meet urgent public safety, infrastructure, and commercial needs, which makes conditional licensing important to industries and their customers.73Extending conditional authority would also allow licensees to place spectrum into use
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    • but CTC and CCB cannot operate on different spectrum plans without causing interference to each other. On April 17, 2009, the Bureau granted CTC's request. While CTC failed to demonstrated that it satisfied any of the specific bases for waiver established in the BRS/EBS R&O, the Bureau found that, considering CTC's request under the general waiver standard contained in Section 1.925 of the Commission's Rules, CTC had shown that, in view of its unusual circumstances, requiring it to transition to the new band plan and technical rules would be inequitable, unduly burdensome, and contrary to the public interest. Accordingly, the Bureau granted CTC's waiver request. With respect to CCB, the Bureau said: With respect to CCB's request that we grant it
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    • other, but CTC and CCB cannot operate on different spectrum plans without causing interference to each other.24 7. On April 17, 2009, the Bureau granted CTC's request.25While CTC failed to demonstrated that it satisfied any of the specific bases for waiver established in the BRS/EBS R&O,26the Bureau found that, considering CTC's request under the general waiver standard contained in Section 1.925 of the Commission's Rules,27CTC had shown that, in view of its unusual circumstances, requiring it to transition to the new band plan and technical rules would be inequitable, unduly burdensome, and contrary to the public interest.28Accordingly, the Bureau granted CTC's waiver request.29With respect to CCB, the Bureau said: 15Id. at 5646 � 74. 16Comments of Coleman County Broadcasting on Petition
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    • and certification; but are split with regard to extending the interim licensing deadlines. Commenters agree that any action should apply equally to Industrial/Business and Public Safety licensees. iii. discussion While NPSTC describes its petition as a stay request, we believe that it is more accurately characterized as a request for a temporary waiver of the 2011 deadlines. Pursuant to Section 1.925(b)(3) of our Rules, we may grant a request for waiver if it is shown that (a) the underlying purpose of the rules would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) in view of unique or unusual factual circumstances,
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    • manufacture, importation, and certification; but are split with regard to extending the interim licensing deadlines.18Commenters agree that any action should apply equally to Industrial/Business and Public Safety licensees.19 III. DISCUSSION 7. While NPSTC describes its petition as a stay request, we believe that it ismore accurately characterized as a request for a temporary waiver of the 2011 deadlines.20Pursuant to Section 1.925(b)(3) of our Rules, we may grant a request for waiver if it is shown that (a) the underlying purpose of the rules would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) in view of unique or unusual factual circumstances,
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    • Spectrum IVDS supplemented its petition, this time proposing to pay its remaining debt obligation within 90 days after release of a Bureau order granting its requests. Although Spectrum IVDS had not specifically requested a waiver of section 1.2110(g), the Bureau addressed its petition as if it had made such a request, analyzing the petition under the waiver standard in section 1.925 of the rules. The Bureau denied Spectrum IVDS's petition on June 6, 2008. In the instant application for review, filed July 7, 2008, Spectrum IVDS renews the arguments in its petition, presents new arguments, and again seeks reinstatement of the License along with a 90-day period following grant of its application for review in which to pay all outstanding installment
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-131A1_Rcd.pdf
    • Spectrum IVDS supplemented its petition, this time proposing to pay its remaining debt obligation within 90 days after release of a Bureau order granting its requests.43 Although Spectrum IVDS had not specifically requested a waiver of section 1.2110(g), the Bureau addressed its petition as if it had made such a request, analyzing the petition under the waiver standard in section 1.925 of the rules.44 The Bureau denied Spectrum IVDS's petition on June 6, 2008.45 14. In the instant application for review, filed July 7, 2008, Spectrum IVDS renews the arguments in its petition, presents new arguments, and again seeks reinstatement of the License along with a 90-day period following grant of its application for review in which to pay all outstanding
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    • of other frequency bands or the use of similar technology in other bands. FiberTower's assertion that the Commission should have required L-3 SafeView to demonstrate that it had no reasonable alternatives but to operate in the 24.25-30 GHz band under the conditions requested is mistaken. The decisions cited by FiberTower were based on the waiver standard in 47 C.F.R. � 1.925 (b)(3) of the Commission's rules which is applicable to wireless radio services governed under specified rule parts for licensed services rather than to Part 15. OET correctly evaluated L-3 SafeView's Part 15 waiver request under Section 1.3 of the Commission's rules, which does not require that the applicant demonstrate that it has no reasonable alternative but to operate in the
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    • Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.2 of the Commission's Rules, 47 C.F.R. � 1.2, that the Request for Declaratory Ruling filed by Wireless Strategies, Inc. on February 23, 2007 IS DENIED. IT IS FURTHER ORDERED, pursuant to pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.3 and 1.925 of the Commission's Rules, that the Request for Waiver of Section 101.141(a)(3) filed by the Fixed Wireless Communications Coalition on May 14, 2010 IS DENIED. IT IS FURTHER ORDERED that WT Docket Nos. 07-121 and 09-106 ARE TERMINATED. IT IS FURTHER ORDERED that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Notice,
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    • (citing Amendment of Parts 73 and 74 of the Commission's Rules to Establish Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, MB Docket No. 03-185, Report and Order, 19 FCC Rcd 19331, 19336 � 12 (2004)). See Nady Comments at 7, 8-10. See 47 C.F.R. � 1.925. See MetroPCS Reply Comments at 7-8; see also AT&T Reply Comments at 3-4 (commenting that constructing new network already has significant challenges). PAMA does ``not object to the prohibition of further manufacture of 700 MHz wireless microphone equipment so long as the prohibition only applies to U.S. domestic distribution on the DTV transition date.'' PAMA Jan. 5, 2009 Ex Parte
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    • the petitions for reconsideration and applications for review. The Staff Decisions Correctly Applied the Waiver Standard To address the appeals before us, we must consider whether, on delegated authority, the Bureau and the Division committed errors of fact or law in denying the Parties' requests for waiver of the automatic license cancellation rule under the standard set forth in section 1.925 of our rules. To obtain a waiver of the Commission's rules, an applicant must show either (i) that the underlying purpose of the applicable rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) that the unique factual circumstances
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    • for reconsideration and applications for review.95 A. The Staff Decisions Correctly Applied the Waiver Standard 18. To address the appeals before us, we must consider whether, on delegated authority, the Bureau and the Division committed errors of fact or law in denying the Parties' requests for waiver of the automatic license cancellation rule under the standard set forth in section 1.925 of our rules.96To obtain a waiver of the Commission's rules, an applicant must show either (i) that the underlying purpose of the applicable rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) that the unique factual circumstances of
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    • no longer have been mutually exclusive with any other applications. Petitioners argue that they have demonstrated unique facts and circumstances to warrant waiver of Sections 1.103 and 1.106 of the Commission's Rules, which establish the effective date of Commission actions and the deadline for filing petitions for reconsideration, particularly the lack of status notifications to Petitioners. DISCUSSION Pursuant to Section 1.925 of the Commission's Rules, a waiver is proper if it is shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances of
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-66A1_Rcd.pdf
    • would no longer have been mutually exclusive with any other applications.19Petitioners argue that they have demonstrated unique facts and circumstances to warrant waiver of Sections 1.103 and 1.106 of the Commission's Rules,20which establish the effective date of Commission actions and the deadline for filing petitions for reconsideration, particularly the lack of status notifications to Petitioners.21 III. DISCUSSION 7.Pursuant to Section 1.925 of the Commission's Rules, a waiver is proper if itis shown that either: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances of the
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    • OMB, the general public, and other Federal agencies are invited to comment on the new or modified information collection requirements contained in this proceeding. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to sections 1, 4(i), 301, 303, 332 and 337of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332 and 337, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, THIS ORDER in PS Docket No. 06-229 is ADOPTED. IT IS FURTHER ORDERED that the Waiver Requests filed by those parties listed in Appendix B, are GRANTED WITH CONDITIONS, as specified herein. IT IS FURTHER ORDERED that the Waiver Request filed by New EA d/b/a Flow Mobile, is DENIED, as specified herein.
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    • Order, 22 FCC Rcd 15289, 15356 �163 (2007) (subsequent history omitted). 47 C.F.R. � 27.14(h). WCS Coalition Comments at 19 (filed April 21, 2010). The Commission may grant a waiver where it finds that the purpose of a rule would not be served and that a grant of the waiver would be in the public interest. See 47 C.F.R. � 1.925(b)(3)(i). See also 47 C.F.R. � 1.946(e)(1) (``An extension request may be granted if the licensee shows that failure to meet the construction or coverage deadline is due to involuntary loss of site or other causes beyond its control.''). See, e.g., Comtec Communications, Inc., Request for Waiver of Automatic Cancellation of 900 MHz Specialized Mobile Radio Service Licenses, Order, 23 FCC
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-82A1_Rcd.pdf
    • Report and Order, 22 FCC Rcd 15289, 15356 �163 (2007) (subsequent history omitted). 51547 C.F.R. � 27.14(h). 516WCS Coalition Comments at 19 (filed April 21, 2010). 517The Commission may grant a waiver where it finds that the purpose of a rule would not be served and that a grant of the waiver would be in the public interest. See47C.F.R. � 1.925(b)(3)(i). See also 47 C.F.R. � 1.946(e)(1) (continued...) 11796 Federal Communications Commission FCC 10-82 well aware, the Commission has consistently afforded licensees ample time to wind up operations where they have had actual subscribers but materially failed to meet their performance requirements.518 Accordingly, weadopt our proposal that a WCS license will terminate automatically without Commission action if a licensee fails to
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    • requirement to offer at least two handset models that are hearing aid-compatible for acoustic coupling. The Commission cited the failure of each petitioner to demonstrate unique or unusual circumstances, or the existence of any other factor, warranting grant of these waivers. DISCUSSION In this Order, we reconsider the Commission's previous decisions to deny the waivers at issue. Pursuant to Section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application in the instant case, and grant would be in the public interest or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-91A1_Rcd.pdf
    • � 101; see 47 C.F.R. � 20.19(i). 6078 Federal Communications Commission FCC 10-91 coupling. The Commission cited the failure of each petitioner to demonstrate unique or unusual circumstances, or the existence of any other factor, warranting grant of these waivers. III. DISCUSSION 6.In this Order, we reconsider the Commission's previous decisions to deny the waivers at issue. Pursuant to Section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application in the instant case, and grant would be in the public interest or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-37A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-37A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-37A1.txt
    • provision of the [Commission's rules] may be waived by the Commission on its own motion or on petition if good cause therefore is shown.''). Any interested party may file a request for waiver of the Commission's rules provided the party complies with the filing procedures and the appropriate format requirements set forth in its rules. See, e.g., 47 C.F.R. � 1.925 (describing specific procedure and format for filing waiver requests of the Wireless Radio Service rules regarding licenses and applications). ESA Reply Comments at 4; see also TIA Comments at 22 and CEA Comments at 17. 47 C.F.R. � 0.459. AAPD Reply Comments at 6; see also AFB Reply Comments at 9. ESA Reply Comments at 4. TIA Comments at 22;
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    • � 240. 47 C.F.R. � 1.2110(f)(4)(i), (ii) (1998); Part 1 Third Report and Order, 13 FCC Rcd at 436-38 �� 106-07. The amended rules took effect on March 16, 1998. See, e.g., Morris Appellate Opinion (affirming the Commission's decision denying a waver of its installment payment rules under the Commission's general standard for considering waiver requests in 47 C.F.R. � 1.925(b)(3)). AFR at 9. Id. Id.(citing Competitive Bidding Second Report and Order, 9 FCC Rcd at 2382-83, 2388 �� 196-97, 226). Competitive Bidding Second Report and Order, 9 FCC Rcd.at 2391 � 240. See, e.g., 47 C.F.R. � 1.2110(e)(4) (1994); 60 Fed. Reg. 52,865 (Oct. 11, 1995) (correcting 1994 designated entity regulations of 47 C.F.R. Part 1 to redesignate 47 C.F.R.
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-46A1_Rcd.pdf
    • at 2391 � 240. 5647 C.F.R. � 1.2110(f)(4)(i), (ii) (1998); Part 1 Third Report and Order,13 FCC Rcd at 436-38 �� 106-07. The amended rules took effect on March 16, 1998. 57See, e.g., Morris Appellate Opinion(affirming the Commission's decision denying a waver of its installment payment rules under the Commission's general standard for considering waiver requests in 47 C.F.R. � 1.925(b)(3)). 58AFR at 9. 59Id. 4185 Federal Communications Commission FCC-11-46 language which USWC relies on for this argument, however, does not support the conclusion that the Commission intended to apply to installment payment defaults, the same sanctions it applies to a winning bidder's default on its down payment.60Instead, where the Competitive Bidding Second Report and Order directly addresses installment payments it
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    • another system? Would that require multimode devices with additional interoperability infrastructure? If so, what is that infrastructure? Finally, if interoperability between TETRA technology and other system architectures cannot be achieved, we seek comment on what eligibility or technical limitations should be imposed on the deployment of TETRA technology in order to prevent any impairment of public safety interoperability. order Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that: (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-63A1_Rcd.pdf
    • to the ESMR portion of the band (817-824/862-869 MHz in most areas of the United States) to prevent near-far interference. See 47 C.F.R. � 90.614(a). 4047 C.F.R. � 90.7. 41A gateway for these purposes could be a bridge or interconnection between systems. 6508 Federal Communications Commission FCC 11-63 order to prevent any impairment of public safety interoperability. IV. ORDER 16.Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that: (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
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    • while concurring in PacifiCorp's analysis of the net spectrum loss engendered by relocation from Channel 87B to Channel 84 or 85, see infra, did not directly address the grandfathering rules or indicate any particular problems that it anticipated in the inland VPCSAs for which it is licensed. See MariTEL Comments at 1. See Petition at 5. See 47 C.F.R. � 1.925(b)(3)(ii) (providing that the Commission may grant a waiver if, ``[i]n view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative''). See 47 C.F.R. � 80.371(c)(1)(iii). See Petition at 8-9. PacifiCorp says that accessing the interstitial channels offset
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    • Commission split the 27MariTEL, while concurring in PacifiCorp's analysis of the net spectrum loss engendered by relocation from Channel 87B to Channel 84 or 85, see infra, did not directly address the grandfathering rules or indicate any particular problems that it anticipated in the inland VPCSAs for which it is licensed. SeeMariTEL Comments at 1. 28SeePetition at 5. 29See47 C.F.R. �1.925(b)(3)(ii) (providing that the Commission may grant a waiver if, "[i]n view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative"). 30See47 C.F.R. �80.371(c)(1)(iii). 31SeePetition at 8-9. 32PacifiCorp says that accessing the interstitial channels offset from Channel 25,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1_Erratum.doc
    • lift the application freeze in the 928/952/956 MHz MAS bands listed in Appendix F of this Report and Order, filed between July 1, 1999 and the release date of this Report and Order, are DISMISSED AS MOOT. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that any WAIVER REQUESTS listed in Appendix F of this Report and Order, filed in conjunction with applications for the 928/952/956 MHz MAS bands between July 1, 1999 and the release date of this Report and Order, are DISMISSED AS MOOT and any associated applications ARE DISMISSED without prejudice. IT IS FURTHER
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    • VoiceStream a waiver because it has not filed a formal waiver petition. See Letter from Dean R. Brenner, Attorney for Qualcomm, Incorporated, to Magalie Roman Salas, Secretary, FCC, dated August 22, 2000 at 4 (Qualcomm August 22 Ex Parte Letter). Because we have discretion to grant waivers on our own motion, we reject this argument. See 47 CFR �� 1.3, 1.925(a). We emphasize, however, that requests for waiver made through the ex parte process are discouraged; parties seeking a waiver of the Commission's rules should, except in the unusual case, formally file a waiver request with the Commission pursuant to our rules of practice and procedure. See generally, 47 C.F.R. � 1.925. See Annual Report and Analysis of Competitive Market Conditions
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    • information available to the public. ULS, however, provides an unprecedented degree of accessibility to this information. Whether applications Federal Communications Commission FCC 98-25 See proposed 47 C.F.R. � 1.913 at Appendix C. 39 47 C.F.R. � 1.49(a). 40 See Electronic Filing NPRM, supra. 41 See proposed rules 47 C.F.R. �� 1.45, 1.49, 1.106. 42 See proposed rule 47 C.F.R. � 1.925(b). 43 See Electronic Filing NPRM, supra. 44 We seek comment on whether parties submitting manually-filed pleadings would be required to include a 45 diskette copy. See Section III-A-3, infra. 11 or pleadings are filed electronically or manually, all information will be available online to interested parties. After implementation of ULS, any data that is filed manually will be entered or
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    • of the parties to comply with this obligation will result in automatic cancellation of the Commission's approval hereunder and in dismissal of the relevant transfer of control or assignment applications. IT IS ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), 309, and 310(d), and section 1.925(a) of the Commission's rules, 47 C.F.R. � 1.925(a), that the requirement in 47 C.F.R. � 1.948(c)(1)(iii) and (d) that notices of consummation and FCC Forms 602 be filed subsequent to the occurrence of pro forma transfers of control or assignments IS HEREBY WAIVED with respect to those transfers of control and assignments involved in the international and domestic reorganization of
  • http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da012660.html
    • the nation. CMRS providers that choose to offer PAS, in accordance with the Commission's Rules, adhere to uniform operating protocols concerning the number of priority levels and the priority level for particular NSEP users. Under Section 64.402, PAS allows authorized NSEP users in emergencies to gain access to the next available wireless channel without preempting calls already in progress. Section 1.925 of the Commission's Rules, 47 C.F.R. 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in view
  • http://transition.fcc.gov/eb/Orders/2005/DA-05-2493A1.html
    • See Review of the Emergency Alert System, Notice of Proposed Rulemaking, 19 FCC Rcd 15775 (2004). 10 Id. at 15792. 11 While the majority of the subject cable systems have requested extensions to their existing temporary waivers of section 11.11(a) of the rules, others have requested waiver extensions on behalf of recently acquired non-compliant cable television systems. 12 47 C.F.R. 1.925. See also WAIT Radio v. F.C.C., 418 F.2d 1153, 1157 (D.C. Cir. 1969), Northeast Cellular Telephone Co., L.P. v. F.C.C, 897 F.2d 1164, 1166 (D.C. Cir. 1990). 13 Similarly, we address only the issue of extending the compliance date for waivers previously granted by the Enforcement Bureau under delegated authority. We do not address the issues raised in the ACA
  • http://transition.fcc.gov/eb/Orders/2007/DA-07-4745A1.html
    • Cingular Waiver Order. In this letter, XIT indicated that the two digital wireless handsets it sells meet the hearing aid compatibility requirements for 1900 MHz operation and are properly labeled. 7. In rejecting XIT's amended petition for waiver, the Commission held that that XIT had failed to demonstrate unique or unusual circumstances warranting the grant of a waiver under Section 1.925(b)(3) of the Rules. The Commission determined that but for XIT's mistake regarding the U rating of the Nokia 6101, XIT could have met the hearing aid compatibility requirements by March 16, 2006, within the six month waiver period it requested initially. In light of XIT's failure to exercise "due diligence" in determining the correct rating of the handsets it offered,
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    • FCC Rcd 3352 (2008) ("February 2008 Inductive Coupling Compatibility Waiver Order"). Id. at 3363-64. See also Farmers Cellular September 18, 2006 Report at 3. See Farmers Cellular June 12, 2007 Report at 2, 5. See Farmers Cellular March 27, 2007 Report at 1. February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3364. See also 47 C.F.R. S: 1.925(b)(3). February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3365. Id. Id. at 3357. Id. at 3365. Id., citing 47 U.S.C. S: 610(a) (directing Commission to "ensure reasonable access to telephone service by persons with impaired hearing"). On March 27, 2008, Farmers Cellular filed a petition for reconsideration of the February 2008 Inductive Coupling Compatibility Waiver Order. On
  • http://transition.fcc.gov/eb/Orders/2008/DA-08-1423A1.html
    • with six other petitions for reconsideration, on public notice and established a pleading cycle for comments and reply comments. See Wireless Telecommunications Bureau Seeks Comment on Petitions for Reconsideration Filed in Hearing Aid Compatibility Docket, Public Notice, DA 08-1087 (rel. May 7, 2008). February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3364. See also 47 C.F.R. S: 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3365. See id. at 3365. Id. at 3357. Id., citing 47 U.S.C. S: 610(a) (directing Commission to "ensure reasonable access to telephone service by persons with impaired hearing"). Blanca June 21, 2007 Report at 2. Section 312(f)(1) of the Act defines "willful" as "the conscious and deliberate commission
  • http://transition.fcc.gov/eb/Orders/2008/DA-08-1424A1.html
    • hearing aid compatibility requirements for wireless digital telephones. The Commission found that Centennial did not meet the requirements to justify a waiver under the rules. Specifically, the Commission stated that Centennial, unlike other Tier II carriers, failed to demonstrate unique or unusual circumstances, or the existence of any other factor, warranting grant of the requested waiver pursuant to the Section 1.925(b)(3) standard. Further, the Commission noted that Centennial cited factors, such as lack of availability and amount of time required to test handsets, that affected all carriers and do not form an adequate basis on which to afford Centennial special relief. Finally, the Commission found that Centennial did not demonstrate diligence in its efforts to comply with the hearing aid compatibility
  • http://transition.fcc.gov/eb/Orders/2008/DA-08-535A1.html
    • of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Petitions for Waiver of Section 20.19 of the Commission's Rules, Memorandum Opinion and Order, FCC 08-67 (released February 27, 2008) ("February 2008 Inductive Coupling Compatibility Waiver Order"). CTC September 18, 2006 Report at 2. CTC June 7, 2007 Report at 2. CTC April 2, 2007 Report at 2. See 47 C.F.R. S: 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, FCC 08-67 at P: 22. See id. at P:P: 11-17. Id. at P: 8. Id. at P: 22. See 47 U.S.C. S: 610(a) (directing Commission to "ensure reasonable access to telephone service by persons with impaired hearing"). CTC stated that it began offering Motorola Models V323i and RAZR V3m on March 13,
  • http://transition.fcc.gov/eb/Orders/2008/DA-08-603A1.html
    • WT Docket No. 01-309, May 31, 2007 at 2 ("South Slope May 31, 2007 Supplement to Petition for Waiver"). Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Petitions for Waiver of Section 20.19 of the Commission's Rules, Memorandum Opinion and Order, FCC 08-67 (released February 27, 2008) ("February 2008 Inductive Coupling Compatibility Waiver Order"). See 47 C.F.R. S: 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, FCC 08-67 at P: 22. See id. at P:P: 11-17. Id. at P: 8. Id. at P: 22. See South Slope May 31, 2007 Supplement to Petition for Waiver at 2. Section 312(f)(1) of the Act defines "willful" as "the conscious and deliberate commission or omission of [any] act, irrespective of any
  • http://transition.fcc.gov/eb/Orders/2008/DA-08-610A1.html
    • carrier, to obtain compliant handsets from its vendors. 6. The Commission found that i wireless did not meet the requirements to justify a waiver under the rules. Specifically, the Commission stated that i wireless failed to demonstrate the diligence, unique or unusual circumstances, or any other factor that would warrant a grant of the requested waiver pursuant to the Section 1.925(b)(3) standard. The Commission recognized that i wireless, as a group of Tier III carriers with potentially limited inductive coupling-compatible GSM handsets available to it in September 2006, may well have been unable reasonably to come into compliance by the September 18, 2006 deadline, or shortly thereafter. Nonetheless, the Commission stated that i wireless had failed to demonstrate its need for
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    • 4, 2000 Letter, IVIDCO stated that five filings either ``separately or collectively clearly constitute a standing waiver request.'' February 4, 2000 Letter at 1. See generally In the Matter of Southeast Telephone, Inc., Order, DA 00-328 (rel. February 22, 2000); In the Matter of Bernard Pasquet, DA 00-122, Order (rel. January 25, 2000). February 4, 2000 Letter. 47 C.F.R. � 1.925. See February 4, 2000 Letter at 5-6. The courts have recognized the importance of the Commission's default rules and affirmed the Commission's authority to enforce its rules. See generally, Mountain Solutions, 197 F.3d 512; NextWave, 200 F.3d 43. See NextWave Order on Reconsideration, 15 Fed Rcd 17500. February 4, 2000 Letter at 5. 48 C.F.R. � 1.2110(e)(4)(ii)(1994); IVDS Grace Period
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    • Serv. Co. v. Wilderness Soc'y., 421 U.S. at 257-8; Boeing, 444 U.S. at 478) (emphasis added). Zimsky, 9 FCC Rcd. 3239; Common Fund Order, 15 FCC Rcd. at 20437, � 10. Id. 47 C.F.R. � 1.3 (Section 1.3 of the Commission's Rules provides the Commission with the authority to grant waivers ``if good cause therefor is shown.''); 47 C.F.R. � 1.925 (``The Commission may grant a waiver request if: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest or, (ii) in view of the unique circumstances of the instant case, application of the rule(s) would
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    • Order); see also IVIDCO Letter dated January 23, 2001 DA-170. See Vista Waiver Request at 1. Vista Waiver Supplement. Id. at 2. Letter to Elizabeth Michaels, from Rachel Kazan, Chief, Auctions Finance and Market Analysis Branch, WTB, FCC, dated January 6, 2000 (``January 6, 2000 Vista Ineligibility Letter''). See Vista Waiver Request. Vista Waiver Request at 5. 47 C.F.R. � 1.925. See Vista Waiver Request at 7. Vista Waiver Request at 2-7. Vista Waiver Request at 3-5. See Vista Waiver Request, Attachment 7 (March 10, 1996 Billings ``Notice to IVDS Licensees,'' from Regina W. Dorsey, Chief, Billings and Collections Branch). Vista Waiver Request at 5. Id. 47 C.F.R. � 1.2110 (1994); Wireless Telecommunications Bureau Staff Clarifies ``Grace Period'' Rule for IVDS
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    • with the grace period rules, would provide specific relief for licensees that wished to retain their licenses but were experiencing financial hardship.20 Requiring that licensees fulfill their payment obligations under the resumption option and thereby demonstrate their ability to pay as a condition to holding licenses ensures a fair and efficient licensing process.21 It is also 16 47 C.F.R. � 1.925. 17 218-219 MHz Order, 15 FCC Rcd at 1499, � 2 and 1520, �� 37-38; see Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Second Order on Reconsideration of the Report and Order and Memorandum Opinion and Order, WT Docket No. 98-169, 15 FCC Rcd 25020, 25027, � 12 (2000) ("Second
  • http://wireless.fcc.gov/auctions/02/releases/da020819.pdf http://wireless.fcc.gov/auctions/02/releases/da020819.txt
    • Supplement at 2. 27 Petition at 9-11; Petition Supplement at 2. The length of time from the Commission's release of the 218-219 MHz Order to the Commission's consent to the assignment applications for the licenses at issue in U.S. Telemetry's Petition is approximately 15 months, not 18 months, as U.S. Telemetry asserts. 28 Petition at 11. 29 47 C.F.R. � 1.925. Stephen Diaz Gavin Esq. Paul C. Besozzi Esq. April 9, 2002 5 reasons discussed below, we find that U.S. Telemetry's waiver request fails to meet the Commission's standard for granting a waiver. In adopting the restructuring plan in the 218-219 MHz Service, the Commission balanced the need to serve the public interest by affording relief to licensees with its duty
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    • Order on Reconsideration of the Second Report and Order, 13 FCC Rcd 8345 (1998). ("Reconsideration Order"). See 47 C.F.R. � 1.2110(f)(3). See Southern Communications Systems, Inc., Request for Limited Rule Waiver to Comply with PCS Installment Payment for C Block License in the Cleveland, TN BTA, filed April 29, 1999. ("Waiver Request"). Waiver Request at 2. See 47 C.F.R. � 1.925. Waiver Request at 2. Waiver Request at 4. Reconsideration Order, 13 FCC Rcd at 8354, � 24. See Wireless Telecommunications Bureau Provides Guidance on Grace Period and Installment Payment Rules, Public Notice, 13 FCC Rcd 18213 (1998). See also 47 C.F.R. � 1.2110(f)(4). The "Payment Notice" is a statement that the Commission mails to licensees to indicate upcoming payment obligations.
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    • 1. 28 47 C.F.R. � 24.712. 29 Id. � 24.720(b). 30 Id. � 1.2111(d); see id. � 24.712(c); see also Amendment of Part 1 of the Commission's Rules -- Competitive 31 Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 406-07, paras. 52-53 (1998). 47 C.F.R. � 1.925. D&E relies on Section 24.819 of the Rules, see Waiver Request at 2 and n.5, which was 32 superseded by Section 1.925 on February 12, 1999. 63 Fed. Reg. 68,904 (December 14, 1998). 4 Joint Venture.26 6. Discussion. D&E states that in July 1998, when Omnipoint filed applications to transfer control to the Joint Venture of subsidiaries holding the Lancaster
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    • Southern Communications Systems, Inc., for reconsideration of the Division's decision to deny Southern's request for waiver of 47 C.F.R. � 24.711(b), IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary DISSENTING STATEMENT OF COMMISSIONER HAROLD FURCHTGOTT-ROTH Re: Southern Communications Systems, Inc., Request for Limited Waiver. I respectfully dissent from the Commission's decision to deny Southern's waiver request. Under 47 C.F.R. �1.925 (b)(3), the Commission may grant a waiver if the underlying purpose of the rule would not be served by application in the present case and the waiver would be in the public interest. Here, in order to make its installment payment, Southern requested a two-day waiver of the Commission's installment payment rule. I would have granted the waiver. There is
  • http://wireless.fcc.gov/auctions/05/releases/fc000434.doc http://wireless.fcc.gov/auctions/05/releases/fc000434.pdf http://wireless.fcc.gov/auctions/05/releases/fc000434.txt
    • failed to give its waiver request the ``hard look'' as set forth in WAIT Radio v. FCC is equally flawed. Under the ``hard look'' standard, an agency is required to articulate with clarity and precision its findings and the reasons for its decisions. We believe that in its order the Division properly applied the waiver standard set forth in Section 1.925 of the Commission's rules to the facts set forth in 21st Century's request and provided reasoned explanation for its denial of the request. Ultimately, Petitioner's request for waiver of the automatic license cancellation rule was denied not because the Division failed to consider the request as required under the ``hard look'' standard, but because it found, as we do here,
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    • by application to the instant particular case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative." 47 C.F.R. � 1.925(b)(3). Omnipoint's Application for Review at 4-5. 27 WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969) ("WAIT Radio") (holding that presumptions of 28 regularity apply with special vigor when a Commission acts in reliance on an established and tested agency rule). See Request for Extension of the Commission's Initial Non-Delinquency Period for C and F Block Installment Payments,
  • http://wireless.fcc.gov/auctions/05/releases/fcc01298.pdf http://wireless.fcc.gov/auctions/05/releases/fcc01298.txt
    • the then-overdue October 1998 and January 1999 payments had already been made. Id. As the Commission stated in the MO&O, the failure of Southern and its business associate to organize and manage their business dealings properly is not a unique circumstance for which the Commission would grant a waiver. MO&O, 15 FCC Rcd 25,107-108, � 10; see 47 C.F.R. � 1.925. 16 See Waiver Order, 15 FCC Rcd 8387-89. 17 See Further Reconsideration Petition at 4, 8; Reconsideration Petition at 3, 6, 10-11. 18 Reconsideration Petition. 19 Southern Communications Systems, Inc., Request for Limited Rule Waiver to Comply with PCS Installment Payment for C Block License in the Cleveland, TN BTA, Supplement for Petition for Reconsideration (filed Jan. 6, 2000) ("Reconsideration
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    • two automatic 90 day grace periods, it did not extend the date upon which the payment was due and payable to the Commission. In other words, the last day of the 180 day grace period did not become the due date of the payment. 10 Petition at 3. 11 Id. at 2-3. 12 Petition at 2. 13 47 CFR � 1.925. Nucentrix Spectrum Resources, Inc. J. Curtis Henderson, Esq. Peter D. Shields, Esq. January 14, 2002 Page 3 nor the negotiations concerning a possible assignment of the license present unique or unusual factual circumstances. Many licensees are obligated to keep track of the installment payment status of multiple licenses. Similarly, many licensees enter into negotiations to assign a license.14 The Commission
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    • and Order, Fifth Report and Order, and the Fourth Further Notice of Proposed Rulemaking, 15 FCC Rcd 15293, 15 FCC Rcd 21520 (2000) (``Part 1 Third Report and Order Recon''). These changes have no effect on our evaluation of the Petition. 47 C.F.R. � 1.2110(e)(4)(ii) (1996). 47 C.F.R. � 1.2110(e)(4)(iv) (1996). Petition. Petition at 3. Petition at 2-3. 47 C.F.R. �1.925. 47 C.F.R. � 90.812(a) (1996) (``An MTA license issued to an eligible small business that elects installment payments will be conditioned on the full and timely performance of the license holder's quarterly payments.''); see also Dallas Security Agreement at � 2 (``The debtor recognizes that its continued retention of the License, and rights to operate as a Commission licensee thereunder,
  • http://wireless.fcc.gov/auctions/07/releases/da021270.pdf http://wireless.fcc.gov/auctions/07/releases/da021270.txt
    • financial capacity and that spectrum is awarded to those qualified bidders who value the spectrum most.21 Requiring licensees to comply with the full and timely payment rule is essential to a fair and efficient licensing process.22 Moreover, it is fair to all participants in our auctions, including those who won 16 Request at 4. 17 Id. 18 47 C.F.R. � 1.925(b)(3). 19 47 U.S.C. � 309(j). 20 Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd. 2348 � 70 (1994) ("Competitive Bidding Second Report and Order"). 21 Southern Communications Systems, Inc., Request for Limited Rule Waiver to Comply with PCS Installment Payment for C Block Licenses in the
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    • five percent (5%) late fee is not made before expiration of the first automatic quarterly grace period, the rule provides for a second automatic quarterly grace period and requires an additional late fee equal to ten percent of the missed payment. 47 C.F.R. � 1.2110(g)(4)(ii) (2000). Request at 1. Id. See Request. 47 C.F.R. � 1.2110(f) (1998). 47 C.F.R. � 1.925. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket 97-82, Third Report and Order and Second Further Notice of Proposed Rulemaking, 13 FCC Rcd 374, 439-440 (1997) (``Part 1 Third Report and Order''); Amendment of Part 1 of the Commission's Rules
  • http://wireless.fcc.gov/auctions/17/releases/da020887.pdf http://wireless.fcc.gov/auctions/17/releases/da020887.txt
    • August 10, 1998, to April 17, 2002. Any unjust enrichment payments are assessed in the Commission's action on the underlying assignment applications. See Wireless Telecommunications Bureau Conditions Grant of Assignments of Licenses from Subsidiaries of Winstar Communications, Chapter VII Debtors, to Winstar Spectrum, LLC, a Subsidiary of IDT Corporation, Public Notice, DA 02-895 (rel. April 17, 2002). 2847 C.F.R. � 1.925. 29 See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, Memorandum Opinion and Order, 14 FCC Rcd 20453 (1999) ("Omnipoint Order") (upholding a Division order denying Omnipoint's petition for waiver of the Commission's size-based bidding credit eligibility rule for C block licenses, the Commission noted that it had previously determined that the unjust
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    • filed partitioning or divestiture agreements with the Commission, as required by Section 101.1003(f)(4) of the Commission's Rules. 47 C.F.R. � 101.23. See also Virginia Tech Foundation, Inc., Petition for Reconsideration of Request for Waiver of Section 101.1112(g)-Auction No. 17, Local Multipoint Distribution Service, Order, 13 FCC Rcd 4535, 4536 (WTB 1998). We note that as of February 12, 1999, Section 1.925 of the Commission's Rules replaced Section 101.23. See In re Biennial Regulatory Review-Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order, 13 FCC Rcd 21027 (1998). Contrary to Venture's
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    • the Commission denied your application as you raised new issues on review that should have been presented to the Bureau. On June 30, 1999, the Commission completed the second Phase II 220 MHz Service spectrum auction (Auction No. 24). Your bid in the amount of $199,000 (net bid $129,350) was the winning bid on License BEA 160E. II. Discussion. Section 1.925(b) provides that a request for waiver of the Commission's rules must include a showing: (i) that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) that in view of unique or unusual factual
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    • the LMS license in BEA 107C. Metro-Trak's amount on deposit for upfront and down payments will be applied to this initial default payment (BEA 164C). If additional payment is required after BEA 164C is re-auctioned, a second order will be issued to assess the amount due. IV. Ordering Clauses 15. Accordingly, IT IS ORDERED that, pursuant to sections 0.331 and 1.925(b)(3) of the Commission's rules, 47 C.F.R. �� 0.331, 1.925(b)(3), Metro-Trak L.L.C.'s Letter, dated June 30, 1999, requesting a waiver of Section 1.2109(a) of the Commission's rules, 47 C.F.R. � 1.2109(a), IS DENIED. 16. IT IS FURTHER ORDERED that, pursuant to sections 0.331 and 1.2104(g) of the Commission's rules, 47 C.F.R. �� 0.331, 1.2104(g), Metro-Trak L.L.C. is assessed an initial default
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    • of competing small business bidders and licensees to provide a discount to applicants that no longer meet the small business size standards.5 In order to obtain a waiver of the Commission's size eligibility standard, Omnipoint must show either Mark J. Tauber, Esq. February 12, 1999 47 C.F.R. � 24.819. As of February 12, 1999, Section 24.819 is superseded by Section 1.925, which contains 6 essentially the same standard for granting a waiver. 63 FR 68,904 (December 14, 1998). Waiver Request at 6-9. 7 Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, 8 Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, at 388-89, para. 19 ("Part
  • http://wireless.fcc.gov/auctions/22/releases/da990492.pdf
    • Content-Type: text/plain Content-Transfer-Encoding: 8bit See Letter from Jerome Vigil, Partner of LORALEN PCS INC to Audrey Baskin, Legal Branch, Auctions and 1 Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission (February 17, 1999) ("Letter"). 47 C.F.R. � 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) 2 See "Auction of C, D, E, and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of 3 C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues,"
  • http://wireless.fcc.gov/auctions/22/releases/da990515.pdf
    • Message Express Company, Request for Extraordinary Relief, filed March 3, 1999 ("Request"). See also, 1 Letter from M. Tamber Christian to Ms. Magalie Roman Salas, Secretary, Federal Communications Commission (March 10 1999) ("Letter"). See Request at 2; "Declaration of Robert Fisher, General Manager, Message Express Company," attachment to 2 Request and resubmitted in original form in Letter. 47 C.F.R. � 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) 3 See "Auction of C, D, E, and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of 4 C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues,"
  • http://wireless.fcc.gov/auctions/22/releases/da990556.pdf
    • Bureau, Federal Communications Commission (March 19, 1999) ("Waiver Letter"). 2 Id. 3 47 C.F.R. �� 24.709, 24.712, 24.717, and 24.720. See also, Application of Wireless II, L.L.C., FCC Form 175, submitted February 12, 1999; FCC Form 175 Profile Page and Exhibit A submitted by Wireless II, L.L.C., March 3, 1999. 4 Waiver Letter at 2. 5 See 47 C.F.R. � 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). David L. Nace, Esq. March 19, 1999 Page 2 WII is comprised of six members organized as an LLC under the laws of Nebraska.6 WII's initial short-form application (FCC Form 175) for Auction No. 22 classified it as an LLC, but in its Exhibit
  • http://wireless.fcc.gov/auctions/22/releases/da990667.pdf
    • 6 request meets one of the two alternative standards governing grant of waiver requests, i.e, that the underlying purpose of the rule would not be served or would be frustrated by the rule's application to Auction No. 22, and that a grant of the waiver would be in the Mark J. O'Connor, Esq. April 7, 1999 See 47 C.F.R. � 1.925; Waiver Request at 1-2. Omnipoint relies on Section 24.819 of the Commission's rules, 7 47 C.F.R. � 24.819. On February 12, 1999, however, Section 24.819 was superseded by Section 1.925, which contains essentially the same standard for granting a waiver. See 63 Fed. Reg. 68,904 (December 14, 1998). See 47 C.F.R. � 24.709(a); Implementation of Section 309(j) of the Communications
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    • thereby Federal Communications Commission DA 99-1785 FCC Form 601, Exhibit G - Waiver Request, at 1. 6 Waiver Request at 2. 7 47 C.F.R. � 1.2105(b)(2). 8 Id. 9 See Two Way Radio of Carolina, Inc. Request for Waiver of 47 C.F.R. � 1.2105(b)(2), Memorandum Opinion 10 and Order, FCC 99-189, � 8 (rel. July 22, 1999). 47 C.F.R. � 1.925. 11 2 causing its total gross revenues to exceed the $15 million threshold. Highland Cellular contends that when its 6 average annual gross revenues are calculated correctly, it meets the definition of a very small business and should therefore be eligible to receive a 25 percent bidding credit.7 4. Section 1.2105(b)(2) of the Commission's rules permits auction applicants to amend
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    • three percent and twenty percent of the defaulted bid amount. Once the license(s) have been auctioned the total default payment will be calculated and the Commission will either assess the final balance or refund any amounts due to the defaulting bidder. Section 1.3 of the Commission's Rules permits the Commission to waive its rules if good cause is demonstrated. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's rules will not be permitted except upon an affirmative showing that either: (a) the underlying purpose of the rule will not be served in a particular situation and that granting the waiver request is in the public interest; or (b) the ``unique or unusual factual circumstances of the instant
  • http://wireless.fcc.gov/auctions/23/releases/da990692.pdf
    • Content-Type: text/plain Content-Transfer-Encoding: 8bit See Petition of Elite JV for Acceptance of Late-Filed Application ("Petition"). 1 Petition at 2-3. 2 47 C.F.R. �� 101.1104 and 1.2105. 3 47 C.F.R. � 1.925(b)(3). See also 47 C.F.R. � 101.23 (waiver of the Part 101 rules may be granted in 4 accordance with � 1.925); Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). DA 99-692 April 13, 1999 Ms. Sylvia Lesse Kraskin, Lesse & Cosson, LLP 2120 L Street, NW, Suite 520 Washington, DC 20037 Re:
  • http://wireless.fcc.gov/auctions/23/releases/da990706.pdf
    • Content-Type: text/plain Content-Transfer-Encoding: 8bit See Letter from John D. Szuchan to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless 1 Telecommunications Bureau, Federal Communications Commission (April 2, 1999) ("Letter"). Id. 2 47 C.F.R. �� 101.1104 and 1.2105. 3 47 C.F.R. �� 101.23 and 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 4 U.S. 1027 (1972). See "Auction of Local Multipoint Distribution Service Spectrum; Auction Notice and Filing Requirements 5 for 168 Local Multipoint Distribution Service Licenses Scheduled for April 27, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-266 (rel. January 29, 1999) ("LMDS Public
  • http://wireless.fcc.gov/auctions/23/releases/da990732.pdf http://wireless.fcc.gov/auctions/23/releases/da990732.txt http://wireless.fcc.gov/auctions/23/releases/da990732.wp
    • Content-Type: text/plain Content-Transfer-Encoding: 8bit See Letter from James A. Rech, President of Landmark Site Development to Amy Zoslov, Chief, Auctions 1 and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission (April 2, 1999) ("Letter"). Id. 2 47 C.F.R. �� 101.1104; 1.2105; 101.1105(a); 1.2106. 3 47 C.F.R. �� 101.23 and 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 4 U.S. 1027 (1972). DA 99-732 April 19, 1999 Mr. James A. Rech Landmark Site Development, LLC 480 Pleasant Street Lee, MA 01238 Dear Mr. Rech: This letter responds to your April 13, 1999 correspondence on behalf of Landmark Site Development, LLC ("Landmark"), requesting a waiver of
  • http://wireless.fcc.gov/auctions/23/releases/da991642.doc http://wireless.fcc.gov/auctions/23/releases/da991642.pdf http://wireless.fcc.gov/auctions/23/releases/da991642.txt
    • filed partitioning or divestiture agreements with the Commission, as required by Section 101.1003(f)(4) of the Commission's Rules. 47 C.F.R. � 101.23. See also Virginia Tech Foundation, Inc., Petition for Reconsideration of Request for Waiver of Section 101.1112(g)-Auction No. 17, Local Multipoint Distribution Service, Order, 13 FCC Rcd 4535, 4536 (WTB 1998). We note that as of February 12, 1999, Section 1.925 of the Commission's Rules replaced Section 101.23. See In re Biennial Regulatory Review-Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order, 13 FCC Rcd 21027 (1998). Contrary to Venture's
  • http://wireless.fcc.gov/auctions/23/releases/da991726.pdf http://wireless.fcc.gov/auctions/23/releases/da991726.txt http://wireless.fcc.gov/auctions/23/releases/da991726.wp
    • 47 C.F.R. � 1.2109(b): "If a winning bidder. . . fails to remit the required down payment within ten (10) 8 business days after the Commission has declared competitive bidding closed, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be liable for the default payment specified in Section 1.2104(g)(2)." 47 C.F.R. � 1.925. This rule replaces the former Part 101 rule regarding waivers, 47 C.F.R. � 101.23. 9 47 C.F.R. � 1.2109(b). 10 2 that a down payment of 20 percent of net winning bids was due from all winning bidders on or before May 28, 1999. At the conclusion of the auction, Grand Connectivity was the high bidder 4 on seven licenses
  • http://wireless.fcc.gov/auctions/25/releases/da001537.doc http://wireless.fcc.gov/auctions/25/releases/da001537.pdf http://wireless.fcc.gov/auctions/25/releases/da001537.txt
    • filed November 10, 1999; Closed Broadcast Auction - 224 Qualified Bidders, Public Notice, DA 99-1912 at Attachment C (rel. September 17, 1999) (``Qualified Bidders Public Notice''); Closed Broadcast Auction - Revised Attachments Listing Qualified Bidder Status, Public Notice, DA 99-1949 at Attachment C (rel. September 22, 1999). See NSB Declaration at � 6. PVBI Petition at 5. Id. 47 C.F.R. �1.925. Letter from Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Richard Haeder, DA 99-1854 (rel. September 14, 1999) (``Haeder''). PVBI cites Haeder for the proposition that an applicant's failure to meet pre-auction deadlines is not a special circumstance warranting a waiver. PVBI Petition at 4. PVBI misconstrues this decision. The Division held that applicants are responsible
  • http://wireless.fcc.gov/auctions/25/releases/da991872.doc http://wireless.fcc.gov/auctions/25/releases/da991872.pdf http://wireless.fcc.gov/auctions/25/releases/da991872.txt
    • action is taken under delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau See Letter from Jim Didier, Black Hills Broadcasting, L.L.C., to Mark Bollinger, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission (September 8, 1999 ("Letter"). Id. at 1. 47 C.F.R. ? 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) See "Closed Broadcast Auction; Notice and Filing Requirements for Auction of AM, FM, TV, LPTV, and FM and TV Translator Construction Permits Scheduled for September 23, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-1346 (rel. July 9, 1999) ("Broadcast Auction
  • http://wireless.fcc.gov/auctions/25/releases/da991903.doc http://wireless.fcc.gov/auctions/25/releases/da991903.pdf http://wireless.fcc.gov/auctions/25/releases/da991903.txt
    • Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau See "Closed Broadcast Auction; Notice and Filing Requirements for Auction of AM, FM, TV, LPTV, and FM and TV Translator Construction Permits Scheduled for September 23, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-1346 (rel. July 9, 1999) ("Broadcast Auction Public Notice"). 47 C.F.R. � 1.925. See, e.g., Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). See 47 C.F.R. � 73.5003 (1998). See Broadcast Auction Public Notice. Id. at 14-15. 47 C.F.R. � 0.331. a b a b
  • http://wireless.fcc.gov/auctions/26/releases/da000274.doc http://wireless.fcc.gov/auctions/26/releases/da000274.pdf http://wireless.fcc.gov/auctions/26/releases/da000274.txt
    • filing deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding markets to their short form applications, unless a waiver of the rules is warranted. The facts presented in Pass Word's Request show unique circumstances supporting the grant of this waiver pursuant to Section 1.925 of the Commission's Rules. Consequently, we will permit Pass Word to amend its FCC Form 175 to add the licenses listed in its request, and this amendment will allow Pass Word to bid on those licenses. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry
  • http://wireless.fcc.gov/auctions/26/releases/da000458.doc http://wireless.fcc.gov/auctions/26/releases/da000458.pdf http://wireless.fcc.gov/auctions/26/releases/da000458.txt
    • Section 0.331 of the Commission's Rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter from William Buxbaum, Attorney for Network Services, LLC. to Amy Zoslov, Chief, Auctions & Industry Analysis Division, Wireless Telecommunications Bureau Telecommunications Bureau, Federal Communications Commission, February 18, 2000 (``Request''). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. 47 C.F.R. � 0.331. William Buxbaum, Esq. March 2, 2000 Washington, DC 20554 � � � '' � '' � J">��PNG D �-~�� 8�)� 1��.�"� i�7 ��>�- rt2 ; X�0~B�e6%����70o�B(R)x�oG�� �k��"a �n�"W -1��$�7'����2 o S�ڟCj���F`�mAb3;��?�δã�z~�|����~:2��BÄ���  ��2� ����" ��� +� bK`�˯� � �����v'�B-�7sp?$ � ����)} �� �s���-�U�(� �� ��T��`��:�I�a�D"M+ �%i� n�� 0:*�� ��Ԩ�h8R� �� �E�x�΂`�D����#pWQ%m�m3Xķ���N<�{�1 ܋ Y� -$ �� ��:�,�
  • http://wireless.fcc.gov/auctions/26/releases/da000626.doc http://wireless.fcc.gov/auctions/26/releases/da000626.pdf http://wireless.fcc.gov/auctions/26/releases/da000626.txt
    • (FCC Form 175) are treated as exempt proceedings, and therefore, not subject to the ex parte prohibitions that generally pertain to restricted proceedings. Cook further asserts that the Bureau was ``unjustifiably generous in accepting Pass Word's claim that it was confused by auction materials.'' Requests for waiver of rules must meet the criteria for granting a waiver. Pursuant to Section 1.925 of the Commission's Rules, Pass Word's Request showed unique circumstances supporting grant of the waiver. Furthermore, we concluded that granting the waiver did not undermine the purpose of the rule because we found credible Pass Word's explanation of its mistake. Cook also argues Pass Word's original application ``was a significant factor in Cook's auction strategy, including the determination of its
  • http://wireless.fcc.gov/auctions/28/releases/da000436.doc http://wireless.fcc.gov/auctions/28/releases/da000436.pdf http://wireless.fcc.gov/auctions/28/releases/da000436.txt
    • for waiver of the short-form (Form 175) application submission deadline is denied. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Mark R. Bollinger Acting Chief Auctions and Industry Analysis Division Wireless Telecommunications Bureau See Three Angels Broadcasting Network, Inc. Request for Waiver, filed on or about February 24, 2000. 47 C.F.R. � 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). See "Supplemental Closed Broadcast Auction; Auction No. 28, Notice and Filing Requirements for Auction of AM, FM, TV, LPTV, and FM and TV Translator Construction Permits Scheduled for March 21, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-2958 (rel. December
  • http://wireless.fcc.gov/auctions/30/releases/da000683.doc http://wireless.fcc.gov/auctions/30/releases/da000683.pdf http://wireless.fcc.gov/auctions/30/releases/da000683.txt
    • initial filing deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding markets to their short form applications, unless a waiver of the rules is warranted. The facts presented in Applicants' Requests show unique circumstances supporting the grant of these waivers pursuant to Section 1.925 of the Commission's rules. Consequently, we will permit Applicants to amend their short-form applications to add the licenses listed in their Requests, and these amendments will allow Applicants to bid on those licenses. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications
  • http://wireless.fcc.gov/auctions/30/releases/da000699.doc http://wireless.fcc.gov/auctions/30/releases/da000699.pdf http://wireless.fcc.gov/auctions/30/releases/da000699.txt
    • initial filing deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding licenses to their short form applications, unless a waiver of the rules is warranted. The facts presented in Applicant's Request show unique circumstances supporting the grant of these waivers pursuant to Section 1.925 of the Commission's rules. Consequently, we will permit Applicant to amend its short-form application to add the licenses listed in its Request, and these amendments will allow Applicant to bid on those licenses. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications
  • http://wireless.fcc.gov/auctions/30/releases/da000737.doc http://wireless.fcc.gov/auctions/30/releases/da000737.pdf http://wireless.fcc.gov/auctions/30/releases/da000737.txt
    • is warranted or would be in the public interest. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter from Jason Bunch, NTCH, Incorporated, to Kathy Garland, Wireless Telecommunications Bureau, Federal Communications Commission, filed March 29, 2000. 47 C.F.R. � 1.925. See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Scheduled for April 12, 2000: Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice''). See Auction No. 30
  • http://wireless.fcc.gov/auctions/30/releases/da000817.doc http://wireless.fcc.gov/auctions/30/releases/da000817.pdf http://wireless.fcc.gov/auctions/30/releases/da000817.txt
    • Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter to Margaret Wiener, Chief, Legal Branch, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Messrs. Thomas Gutierrez and Todd Slamowitz, Counsel for Bell Mountain Communications, Inc., Re: Waiver of Upfront Payment Deadline (April 5, 2000) (``Request''). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Scheduled for April 12, 2000: Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice''). See Auction No. 30
  • http://wireless.fcc.gov/auctions/30/releases/da000818.doc http://wireless.fcc.gov/auctions/30/releases/da000818.pdf http://wireless.fcc.gov/auctions/30/releases/da000818.txt
    • deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding licenses to their short form applications, unless a waiver of the rules is warranted. The facts presented in your Request do not show unique circumstances supporting the grant of these waivers pursuant to Section 1.925 of the Commission's rules. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Mr. David E. Beyerle (April 6, 2000) (``Request''). You selected the following market
  • http://wireless.fcc.gov/auctions/30/releases/da000892.doc http://wireless.fcc.gov/auctions/30/releases/da000892.pdf http://wireless.fcc.gov/auctions/30/releases/da000892.txt
    • Band; Status of Applications to Participate in the Auction,'' Public Notice, DA 00-615 (rel. March 17, 2000) (``Auction No. 30 Status Public Notice''). See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; 35 Qualified Bidders,'' Public Notice, DA 00-724 (rel. March 31, 2000) (``Qualified Bidders Public Notice''). See 47 C.F.R. � 1.925. Section 1.925 of the Commission's rules requires that to obtain a waiver of the Commission's Rules, a petitioner must demonstrate either (a) that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and grant of the requested waiver would be in the public interest; or (b) that, in view
  • http://wireless.fcc.gov/auctions/30/releases/da010555.doc http://wireless.fcc.gov/auctions/30/releases/da010555.pdf http://wireless.fcc.gov/auctions/30/releases/da010555.txt
    • for A New FM Construction Permit on Channel 236A at Pahrump, Nevada, Memorandum Opinion and Order, 15 FCC Rcd 14729 (2000) (``Hayes-Bell''). See Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Lynn R. Charytan, Wilmer Cutler & Pickering, Counsel for MPCS Wireless, Inc., DA 00-2760 (rel. December 12, 2000) (``MPCS''). 47 C.F.R. � 1.925. Letter to Mr. Kent Foster from Sandra J. Haller, Managing Director, Riggs & Company, dated April 4, 2000 (``First Riggs Letter''), appended as an attachment to the Waiver Request. In the First Riggs Letter, Riggs explains to the Applicant's president: ``We immediately faxed your wire instructions to our DC Operations Center. However, they either never received the instructions or they
  • http://wireless.fcc.gov/auctions/31/releases/da020659.pdf http://wireless.fcc.gov/auctions/31/releases/da020659.txt
    • the FCC Form 175, will assist the Commission in monitoring the participation of these "designated entities" in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
  • http://wireless.fcc.gov/auctions/33/releases/da010437.doc http://wireless.fcc.gov/auctions/33/releases/da010437.pdf http://wireless.fcc.gov/auctions/33/releases/da010437.txt
    • The licenses include B Block licenses Major Economic Areas 14 (Columbus, Ohio), 34 (Omaha, Nebraska), and 48 (Hawaii), collectively referred to as the ``Licenses.'' Waiver Request at 2. Id. Waiver Request at 2. See ``700 MHz Guard Bands Auction Closes; Winning Bidders Announced,'' Public Notice, DA 00-2154 (rel. September 25, 2000). See 47 C.F.R. � 1.2109(b). See 47 C.F.R. � 1.925. See Waiver Request at 12. See Waiver Request at 5-11. With respect the other five licenses for which high bids were withdrawn and no subsequent bids were received, Harbor suggests, without specifically requesting, that the Commission also offer such licenses the to the previous high bidders to eliminate the need for a second auction of Guard Band licenses. Id. at
  • http://wireless.fcc.gov/auctions/35/releases/d000145a.pdf
    • . . . . . . . . . . . . . . . . . ..__.........._........................._........................................... 19 ATTACHMENT: Affidavit of Stanley T. Sigman Group President --SBC National Operations - iv - : 0 --?--- `. PETITION OF SBC COMMUNICATIONS INC. FOR A WAIVER OF SECTION 24.709 AND FOR EXPEDITED ACTION . I. INTRODUCTION Pursuant to Sections 1.3 and 1.925 of the Commission's Rules, SBC Communications Inc. ("SBC") hereby petitions for an expedited waiver of 47 C.F.R. 3 24.709 so that it can participate in the auction scheduled to begin on July 26,200O for reclaimed C and F block PCS authorizations. If the Commission wishes to see this spectrura, which has now lain fallow for over three years, utilized promptly
  • http://wireless.fcc.gov/auctions/35/releases/d000191b.pdf
    • . . . . . . . . . . . . . . . . . ..__.........._........................._........................................... 19 ATTACHMENT: Affidavit of Stanley T. Sigman Group President --SBC National Operations - iv - : 0 --?--- `. PETITION OF SBC COMMUNICATIONS INC. FOR A WAIVER OF SECTION 24.709 AND FOR EXPEDITED ACTION . I. INTRODUCTION Pursuant to Sections 1.3 and 1.925 of the Commission's Rules, SBC Communications Inc. ("SBC") hereby petitions for an expedited waiver of 47 C.F.R. 3 24.709 so that it can participate in the auction scheduled to begin on July 26,200O for reclaimed C and F block PCS authorizations. If the Commission wishes to see this spectrura, which has now lain fallow for over three years, utilized promptly
  • http://wireless.fcc.gov/auctions/35/releases/da000145.doc http://wireless.fcc.gov/auctions/35/releases/da000145.pdf http://wireless.fcc.gov/auctions/35/releases/da000145.txt
    • requirements under Section 24.709 of the Commission's rules to allow it to participate in the PCS C and F block auction scheduled to begin on July 26, 2000. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. SBC requests a waiver under Section 1.925 of the Commission's rules to allow companies other than such entities to participate in the upcoming C and F block auction. SBC argues that granting its waiver request and allowing it to participate in the upcoming C and F block auction would serve the public interest by speeding the delivery of wireless services to the public and enhancing competition in
  • http://wireless.fcc.gov/auctions/35/releases/da000191.doc http://wireless.fcc.gov/auctions/35/releases/da000191.pdf http://wireless.fcc.gov/auctions/35/releases/da000191.txt
    • COMMUNICATIONS, INC.'S PETITION REGARDING PCS C AND F BLOCK SPECTRUM EXTENSION OF FILING DEADLINE FOR COMMENTS TO SBC COMMUNICATIONS INC.'S REQUEST FOR WAIVER Comment Date: February 14, 2000 Reply Date: February 22, 2000 Nextel Communications, Inc. (``Nextel'') has filed a petition requesting expedited rulemaking under Section 1.401, or in the alternative, waiver of the Commission's rules under Sections 1.3 and 1.925. Nextel seeks modification or waiver of the Commission's eligibility and bidding rules with respect to PCS C and F block spectrum. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. Nextel requests that the Commission allow companies other than such entities to participate
  • http://wireless.fcc.gov/auctions/35/releases/da002259.doc http://wireless.fcc.gov/auctions/35/releases/da002259.pdf http://wireless.fcc.gov/auctions/35/releases/da002259.txt
    • in which case the applicant must indicate in Exhibit G that it has filed a confidentiality request. Because the required information bears on applicants' qualifications, the FCC envisions that confidentiality requests will not be routinely granted. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Attachment E AUCTION-SPECIFIC INSTRUCTIONS FOR FCC REMITTANCE ADVICE (FCC FORM 159-July 1997 edition) Upfront Payments The following information supplements the standard instructions for FCC Form 159, and is provided to help ensure correct completion of FCC Form 159 for upfront payments for Auction No. 35. Applicants need to complete FCC Form 159 carefully, since: Mistakes may affect their bidding eligibility;
  • http://wireless.fcc.gov/auctions/35/releases/da002760.doc http://wireless.fcc.gov/auctions/35/releases/da002760.pdf http://wireless.fcc.gov/auctions/35/releases/da002760.txt
    • warranted in this case. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau See Request for Waiver of MPCS Wireless, Incorporated for the Upfront Payment Deadline for Auction No. 35 (November 30, 2000) (``Request''). 47 C.F.R. � 1.2106(c). 47 C.F.R. � 1.925(b)(3). See ``C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids, Upfront Payments and Other Procedural Issues,'' Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35 Procedures Public Notice''). See Auction No. 35 Procedures Public
  • http://wireless.fcc.gov/auctions/36/releases/d002752d.doc http://wireless.fcc.gov/auctions/36/releases/d002752d.txt
    • Matter of Extending Wireless Telecommunications Services to Tribal Lands, Report and Order and Further Notice of Proposed Rule Making, FCC 00-209, 15 FCC Rcd. 11,794, 11803, at � 25 (``Tribal Lands Order''). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(e)(3), the applicant must submit a waiver request, pursuant to section 1.925 of the Commission's rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit H: Tribal Land Waiver Requests,'' at D-13. NOTE: For technical reasons, applicants will not be able to amend their applications to specify the tribal lands to be served and provide tribal government certifications for each market until December
  • http://wireless.fcc.gov/auctions/38/releases/d010478d.doc http://wireless.fcc.gov/auctions/38/releases/d010478d.txt
    • Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, DA 00-2836, at 2 (rel. Dec. 14, 2000) [hereinafter Tribal Lands Public Notice]. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit Y: Tribal Lands Waiver Requests,'' at D-12. Note: For technical reasons, applicants will not be able to amend their long-form applications to specify the tribal lands to be served and to provide tribal government certifications for each market
  • http://wireless.fcc.gov/auctions/39/releases/d011443f1.doc http://wireless.fcc.gov/auctions/39/releases/d011443f1.txt
    • Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, DA 00-2836, at 2 (rel. Dec. 14, 2000) [hereinafter Tribal Lands Public Notice]. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit Y: Tribal Lands Waiver Requests,'' at E1-12. Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application.
  • http://wireless.fcc.gov/auctions/39/releases/d011443f2.doc http://wireless.fcc.gov/auctions/39/releases/d011443f2.txt
    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd. 24,838, 24,839 (2000) (``Tribal Lands Public Notice''). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit Y: Tribal Lands Waiver Requests,'' at E2-11. Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application.
  • http://wireless.fcc.gov/auctions/40/releases/da010850.doc http://wireless.fcc.gov/auctions/40/releases/da010850.pdf http://wireless.fcc.gov/auctions/40/releases/da010850.txt
    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
  • http://wireless.fcc.gov/auctions/40/releases/da012466.pdf http://wireless.fcc.gov/auctions/40/releases/da012466.txt
    • Stover, Federal Communications Commission, dated September 21, 2001 ("Letter"). 2 Auction of Licenses for Lower and Upper Paging Bands Postponed Until October 30, 2001, Public Notice, DA 01-1307 (rel. May 25, 2001) ("Auction No. 40 Postponement Public Notice"). 3 Letter at 1. The attacks took place on Tuesday, September 11, 2001. 4 47 C.F.R. � 1.2105(a). 5 47 C.F.R. � 1.925. 6 Auction No. 40 Postponement Public Notice at 1. Alendra Lyons Lynn Communications, Inc. October 22, 2001 Page 2 would not be accepted.7 To facilitate filing, the Commission enabled applicants to submit applications via the internet 24 hours per day.8 You contend that Lynn's failure to timely submit its short-form application was due to the fact that your husband, the
  • http://wireless.fcc.gov/auctions/40/releases/da012467.pdf http://wireless.fcc.gov/auctions/40/releases/da012467.txt
    • announced that: [t]he original short-form application (FCC Form 175) filing window for Auction No. 40 closed on May 14, 2001 at 6 p.m. ET. All applications will be deemed ineffective and purged from the FCC's computer system. Any party will be 1 Letter from James K. Young to Margaret Wiener, undated ("Letter"). 2 47 C.F.R. �1.2105(a). 3 47 C.F.R. � 1.925. 4 Auction of Licenses for Lower and Upper Paging Bands Postponed Until October 30, 2001, Public Notice, DA 01-1307 (rel. May 25, 2001) ("Postponement Public Notice"). James K. Young Awesome Paging, Inc. October 22, 2001 Page 2 permitted to submit an application for Auction No. 40 in accordance with the new deadline stated above.5 Subsequently, in a Public Notice restating
  • http://wireless.fcc.gov/auctions/40/releases/da012858.pdf http://wireless.fcc.gov/auctions/40/releases/da012858.txt
    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) ("Tribal Lands Public Notice"). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See "Exhibit Y: Tribal Lands Waiver Requests." EXHIBIT X: TRIBAL GOVERNMENT CERTIFICATION Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
  • http://wireless.fcc.gov/auctions/40/releases/da012858E.pdf http://wireless.fcc.gov/auctions/40/releases/da012858E.txt
    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) ("Tribal Lands Public Notice"). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See "Exhibit Y: Tribal Lands Waiver Requests." EXHIBIT X: TRIBAL GOVERNMENT CERTIFICATION Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
  • http://wireless.fcc.gov/auctions/41/releases/da011592.doc http://wireless.fcc.gov/auctions/41/releases/da011592.pdf http://wireless.fcc.gov/auctions/41/releases/da011592.txt
    • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
  • http://wireless.fcc.gov/auctions/41/releases/da012202.doc http://wireless.fcc.gov/auctions/41/releases/da012202.pdf http://wireless.fcc.gov/auctions/41/releases/da012202.txt
    • action is taken under authority delegated pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau Application of Codecom, Inc. for Participation in Auction No. 41, Request for Rule Waiver and Request for Expedited Action, filed September 13, 2001 (``Waiver Request''). Id. 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. ``Narrowband PCS Spectrum Auction Scheduled for October 3, 2001, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues,'' Public Notice, DA 01-1592, at Section III.D. (rel. July 9, 2001), 66 Fed. Reg. 38690 (``Auction No. 41 Procedures Public Notice''). Auction No. 41 Procedures Public Notice at Section III.D. Waiver Request at 1. It is our understanding
  • http://wireless.fcc.gov/auctions/41/releases/da012429.pdf http://wireless.fcc.gov/auctions/41/releases/da012429.txt
    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd. 24,838, 24,839 (2000) ("Tribal Lands Public Notice"). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra "Exhibit Y: Tribal Lands Waiver Requests," at D-11. Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application.
  • http://wireless.fcc.gov/auctions/41/releases/da012429D.pdf http://wireless.fcc.gov/auctions/41/releases/da012429D.txt
    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd. 24,838, 24,839 (2000) ("Tribal Lands Public Notice"). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra "Exhibit Y: Tribal Lands Waiver Requests," at D-11. Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application.
  • http://wireless.fcc.gov/auctions/42/releases/da012763.pdf http://wireless.fcc.gov/auctions/42/releases/da012763.txt
    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) (Tribal Lands Public Notice). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See "Exhibit Y: Tribal Lands Waiver Requests." EXHIBIT X: TRIBAL GOVERNMENT CERTIFICATION Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
  • http://wireless.fcc.gov/auctions/42/releases/da012763d.pdf http://wireless.fcc.gov/auctions/42/releases/da012763d.txt
    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) (Tribal Lands Public Notice). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See "Exhibit Y: Tribal Lands Waiver Requests." EXHIBIT X: TRIBAL GOVERNMENT CERTIFICATION Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
  • http://wireless.fcc.gov/auctions/42/releases/fc990415.doc http://wireless.fcc.gov/auctions/42/releases/fc990415.pdf http://wireless.fcc.gov/auctions/42/releases/fc990415.txt
    • lift the application freeze in the 928/952/956 MHz MAS bands listed in Appendix F of this Report and Order, filed between July 1, 1999 and the release date of this Report and Order, are DISMISSED AS MOOT. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that any WAIVER REQUESTS listed in Appendix F of this Report and Order, filed in conjunction with applications for the 928/952/956 MHz MAS bands between July 1, 1999 and the release date of this Report and Order, are DISMISSED AS MOOT and any associated applications ARE DISMISSED without prejudice. IT IS FURTHER
  • http://wireless.fcc.gov/auctions/43/releases/da012315.pdf http://wireless.fcc.gov/auctions/43/releases/da012315.txt
    • the FCC Form 175, will assist the Commission in monitoring the participation of these "designated entities" in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
  • http://wireless.fcc.gov/auctions/43/releases/da020157.pdf http://wireless.fcc.gov/auctions/43/releases/da020157.txt
    • Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) ("Tribal Lands Public Notice"). E-11 If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See "Exhibit Y: Tribal Lands Waiver Requests." EXHIBIT X: TRIBAL GOVERNMENT CERTIFICATION Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
  • http://wireless.fcc.gov/auctions/43/releases/da020157e.pdf http://wireless.fcc.gov/auctions/43/releases/da020157e.txt
    • Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) ("Tribal Lands Public Notice"). E-11 If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See "Exhibit Y: Tribal Lands Waiver Requests." EXHIBIT X: TRIBAL GOVERNMENT CERTIFICATION Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
  • http://wireless.fcc.gov/auctions/44/releases/da020563.pdf http://wireless.fcc.gov/auctions/44/releases/da020563.txt
    • the FCC Form 175, will assist the Commission in monitoring the participation of these "designated entities" in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
  • http://wireless.fcc.gov/auctions/44/releases/da021817.pdf http://wireless.fcc.gov/auctions/44/releases/da021817.txt
    • 35 Auction No. 44 Revised Schedule Public Notice at 2. 36 Petition at 12-15 (citing, inter alia, Accardi v. Shaughnessy, 347 U.S. 260 (1954)). 37 See 47 C.F.R. �1.2105(b)(2) (rule determines effect of the deadline without establishing the deadline). 38 Bachow Communications, Inc. v. Federal Communications Commission, 237 F.3d 683, 690 (D.C. Cir. 2001) (citations omitted). 39 See 47 C.F.R. �1.925. 40 47 C.F.R. �1.2105(b)(2). 41 Auction No. 44 Revised Schedule Public Notice at 5-6 (granting waivers). Federal Communications Commission DA 02-1817 7 submitted license selections or upfront payments.42 At that time, Auction No. 44 qualified bidders had no way of knowing that the Auction Reform Act would reduce the amount of spectrum available in Auction No. 44 by more than
  • http://wireless.fcc.gov/auctions/44/releases/da022085.pdf http://wireless.fcc.gov/auctions/44/releases/da022085.txt
    • (June 17, 2002) ("Waiver Request"). 2 See Letter to Margaret Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Ms. Sylvia Lesse and Mr. John Kuykendall, Counsel for Coleman County Telecommunications, Ltd., Auction No. 44 Supplement to Emergency Request for Waiver (June 28, 2002) ("Supplement to Waiver Request"). 3 47 C.F.R. � 1.2106 (c). 4 47 C.F.R. � 1.925. 5 See Auction of Licenses in the 698-746 MHz Band Scheduled for June 19, 2002, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payment and Other Auction Procedures, Public Notice, DA 02- 563, at 23 (rel. March 20, 2002) ("Auction No. 44 Procedures Public Notice"). 6 See Auction No. 44 Procedures Public Notice at 23. Sylvia Lesse, Esq. John Kuykendall,
  • http://wireless.fcc.gov/auctions/44/releases/fc010364.pdf http://wireless.fcc.gov/auctions/44/releases/fc010364.txt
    • (both co- and adjacent-channel) are made aware of a licensee's proposed higher- power and whether these licensees have consented to such operation. To the extent a licensee wants to exceed the 50 kW ERP limit, it may file a waiver request whereby the Commission can allow interested parties to participate and assess any potential interference problems. See 47 C.F.R. � 1.925. 304 See Notice, 16 FCC Rcd at 7300, 7312 �� 43, 78. 305 Id. at 7312 � 43. 306 Id. at 7299 � 41. Federal Communications Commission FCC 01-364 45 to 50 kW ERP, commenters focus on whether broadcast operations should be permitted at power levels higher than 1 kW ERP.307 110. Discussion. To facilitate licensees' use of spectrum and
  • http://wireless.fcc.gov/auctions/45/releases/da020470.pdf http://wireless.fcc.gov/auctions/45/releases/da020470.txt
    • the FCC Form 175, will assist the Commission in monitoring the participation of these "designated entities" in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
  • http://wireless.fcc.gov/auctions/45/releases/da021147.pdf http://wireless.fcc.gov/auctions/45/releases/da021147.txt
    • No. 45 Procedures Public Notice and subsequent public notices.2 This Public Notice and other documents related to Auction No. 45 are 1 Paris Tower, Inc., which is listed as a non-qualified bidder, submitted a waiver request on May 7, 2002. By order adopted today, the waiver request is denied for failure to meet the standards for granting waivers in section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. The order addressing Paris Tower's waiver request will be released separately. 2 See Auction No. 45 Cellular Rural Service Areas Auction Scheduled for May 29, 2002, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Public Notice, DA 02-470 (rel. March 4, 2002), 67 Fed. Reg. 16383 (rel. April
  • http://wireless.fcc.gov/auctions/45/releases/da021316.pdf http://wireless.fcc.gov/auctions/45/releases/da021316.txt
    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) ("Tribal Lands Public Notice"). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See "Exhibit Y: Tribal Lands Waiver Requests." EXHIBIT X: TRIBAL GOVERNMENT CERTIFICATION Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
  • http://wireless.fcc.gov/auctions/45/releases/da021316c.pdf http://wireless.fcc.gov/auctions/45/releases/da021316c.txt
    • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) ("Tribal Lands Public Notice"). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See "Exhibit Y: Tribal Lands Waiver Requests." EXHIBIT X: TRIBAL GOVERNMENT CERTIFICATION Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
  • http://wireless.fcc.gov/auctions/46/releases/03pres.pdf
    • but less than or equal to $2 million, the cap will be $500,000. cap will be $500,000. Where the gross bid exceeds $2 million, the cap Where the gross bid exceeds $2 million, the cap will be 25 percent of the gross bid. will be 25 percent of the gross bid. Increased Bidding Credits Increased Bidding Credits Pursuant to Section 1.925 of the Pursuant to Section 1.925 of the rules, the Commission will entertain rules, the Commission will entertain requests for a higher bidding credit requests for a higher bidding credit where the applicant demonstrates where the applicant demonstrates that its infrastructure costs exceed that its infrastructure costs exceed the available credit under the the available credit under the formula. formula.
  • http://wireless.fcc.gov/auctions/46/releases/da021871.pdf http://wireless.fcc.gov/auctions/46/releases/da021871.txt
    • the FCC Form 175, will assist the Commission in monitoring the participation of these "designated entities" in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should read carefully the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
  • http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
    • the type of use of the frequencies that the requester sought, the Commission resolved the policy concerns in a rulemaking. We believe that authorizing point-to-multipoint omnidirectional operations is a complex undertaking best accomplished as a result of a rulemaking whereby there is ample opportunity to develop the record, and not an ad hoc waiver proceeding.545 538 See 47 C.F.R. � 1.925(b)(1). 539 47 C.F.R. �� 101.105, 101.107, 101.109, 101.111, 101.115. 540 Broadwave Application Exhibit 3, page 3. 541 Northpoint Reply Comments to Northpoint Waiver at 5. 542 Id. 543 See, e.g. MITRE Report. 544 For example, in the 35 MHz MO&O, the Commission determined that a change of policy with respect to the use of certain frequencies should take place within
  • http://wireless.fcc.gov/auctions/53/resources/M_Connelly.pdf
    • amounts exceeding $2 million, the cap will be 25 percent of the gross bid. the cap will be 25 percent of the gross bid. Increased Bidding Credits Increased Bidding Credits Waiver requests for a higher bidding credit Waiver requests for a higher bidding credit will be considered by the Commission, will be considered by the Commission, pursuant to rule � 1.925 pursuant to rule � 1.925 Applicant must demonstrate that its Applicant must demonstrate that its infrastructure costs exceed the available infrastructure costs exceed the available credit under the formula. credit under the formula. Such requests will be subject to the Such requests will be subject to the applicable bidding credit cap. applicable bidding credit cap. Applicants must indicate each market
  • http://wireless.fcc.gov/auctions/55/resources/TribalLandBiddingCredit.pdf
    • amounts exceeding $2 million, the cap will be 25 percent of the gross bid. the cap will be 25 percent of the gross bid. Increased Bidding Credits Increased Bidding Credits Waiver requests for a higher bidding credit Waiver requests for a higher bidding credit will be considered by the Commission, will be considered by the Commission, pursuant to rule � 1.925 pursuant to rule � 1.925 Applicant must demonstrate that its Applicant must demonstrate that its infrastructure costs exceed the available infrastructure costs exceed the available credit under the formula. credit under the formula. Such requests will be subject to the Such requests will be subject to the applicable bidding credit cap. applicable bidding credit cap. Applicants must indicate each market
  • http://wireless.fcc.gov/auctions/56/resources/MichaelConnelly.pdf
    • amounts exceeding $2 million, the cap will be 25 percent of the gross bid. the cap will be 25 percent of the gross bid. Increased Bidding Credits Increased Bidding Credits Waiver requests for a higher bidding credit Waiver requests for a higher bidding credit will be considered by the Commission, will be considered by the Commission, pursuant to rule � 1.925 pursuant to rule � 1.925 Applicant must demonstrate that its Applicant must demonstrate that its infrastructure costs exceed the available infrastructure costs exceed the available credit under the formula. credit under the formula. Such requests will be subject to the Such requests will be subject to the applicable bidding credit cap. applicable bidding credit cap. Applicants must indicate each market
  • http://wireless.fcc.gov/auctions/57/resources/M_Connelly.pdf
    • amounts exceeding $2 million, the cap will be 25 percent of the gross bid. the cap will be 25 percent of the gross bid. Increased Bidding Credits Increased Bidding Credits Waiver requests for a higher bidding credit Waiver requests for a higher bidding credit will be considered by the Commission, will be considered by the Commission, pursuant to rule � 1.925 pursuant to rule � 1.925 Applicant must demonstrate that its Applicant must demonstrate that its infrastructure costs exceed the available infrastructure costs exceed the available credit under the formula. credit under the formula. Such requests will be subject to the Such requests will be subject to the applicable bidding credit cap. applicable bidding credit cap. Applicants must indicate each market
  • http://wireless.fcc.gov/auctions/58/comments/da041639-dobson.pdf
    • would be in the public interest; or (ii) in view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative.10 As shown below, the waiver requested here meets both prongs of the waiver standard. 10 47 C.F.R. � 1.925(b)(3). 5 A. The Underlying Purpose of the Grandfather Rule Would Not Be Served by Its Strict Application Here and Grant of the Waiver Would Serve the Public Interest. The Commission adopted Section 24.709(a)(5)(i) during its restructuring of the C block, in response to pleas from financially troubled C block PCS licensees. The purpose of the grandfather rule was to recognize
  • http://wireless.fcc.gov/auctions/58/resources/ErinMcGrath.pdf
    • treatment for any information required as a condition to participate in the auction must follow the procedures set out in Section 0.459 of the Commission's Rules. See47 C.F.R. � 0.459. Form 601 �Waiver Request �In the event that a winning bidder wishes to file a request for waiver, the request should be filed with the corresponding application. See47 C.F.R. � 1.925. Secondary Market Transactions �Assignments and Transfers of Control �Limitations for licenses with bidding credits or closed eligibility �Partition �Disaggregation �Spectrum Leasing Assignments and Transfers of Control �PCS licenses can be assigned or transferred, pursuant to 47 C.F.R. � 1.948. �Assignments and Transfers of Control are filed via ULS on FCC Form 603. �PCS licenses can be assigned in full or
  • http://wireless.fcc.gov/auctions/58/resources/MichaelConnelly.pdf
    • amounts exceeding $2 million, the cap will be 35 percent of the gross bid. the cap will be 35 percent of the gross bid. Increased Bidding Credits Increased Bidding Credits Waiver requests for a higher bidding credit Waiver requests for a higher bidding credit will be considered by the Commission, will be considered by the Commission, pursuant to rule � 1.925 pursuant to rule � 1.925 Applicant must demonstrate that its Applicant must demonstrate that its infrastructure costs exceed the available infrastructure costs exceed the available credit under the formula. credit under the formula. Such requests will be subject to the Such requests will be subject to the applicable bidding credit cap. applicable bidding credit cap. Applicant indicates each market for
  • http://wireless.fcc.gov/auctions/59/resources/10_MConnelly.pdf
    • amounts exceeding $2 million, the cap will be 35 percent of the gross bid. the cap will be 35 percent of the gross bid. Increased Bidding Credits Increased Bidding Credits Waiver requests for a higher bidding credit Waiver requests for a higher bidding credit will be considered by the Commission, will be considered by the Commission, pursuant to rule � 1.925 pursuant to rule � 1.925 Applicant must demonstrate that its Applicant must demonstrate that its infrastructure costs exceed the available infrastructure costs exceed the available credit under the formula. credit under the formula. Such requests will be subject to the Such requests will be subject to the applicable bidding credit cap. applicable bidding credit cap. Applicant indicates each market for
  • http://wireless.fcc.gov/auctions/63/resources/08_TribalLand.pdf
    • amounts exceeding $2 million, the cap will be 35 percent of the gross bid. the cap will be 35 percent of the gross bid. Increased Bidding Credits Increased Bidding Credits Waiver requests for a higher bidding credit Waiver requests for a higher bidding credit will be considered by the Commission, will be considered by the Commission, pursuant to rule � 1.925 pursuant to rule � 1.925 Applicant must demonstrate that its Applicant must demonstrate that its infrastructure costs exceed the available infrastructure costs exceed the available credit under the formula. credit under the formula. Such requests will be subject to the Such requests will be subject to the applicable bidding credit cap. applicable bidding credit cap. Applying for Tribal Lands Bidding
  • http://wireless.fcc.gov/auctions/69/resources/TribalLandsBiddingCredits.pdf
    • $2 million, the cap will be 35 percent of the gross bid. the cap will be 35 percent of the gross bid. Increased Bidding Credits Increased Bidding Credits Waiver requests for a higher bidding credit Waiver requests for a higher bidding credit will be considered by the Commission, will be considered by the Commission, pursuant to rule pursuant to rule ��1.925 1.925 Applicant must demonstrate that its Applicant must demonstrate that its infrastructure costs exceed the available infrastructure costs exceed the available credit under the formula. credit under the formula. Such requests will be subject to the Such requests will be subject to the applicable bidding credit cap. applicable bidding credit cap. Applying for Tribal Lands Bidding Applying for Tribal Lands
  • http://wireless.fcc.gov/auctions/71/resources/TribalLandsBiddingCredits.pdf
    • $2 million, the cap will be 35 percent of the gross bid. the cap will be 35 percent of the gross bid. Increased Bidding Credit Increased Bidding Credit Waiver requests for a higher bidding credit Waiver requests for a higher bidding credit will be considered by the Commission, will be considered by the Commission, pursuant to rule pursuant to rule ��1.925 1.925 Applicant must demonstrate that its Applicant must demonstrate that its infrastructure costs exceed the available infrastructure costs exceed the available credit under the formula. credit under the formula. Such requests will be subject to the Such requests will be subject to the applicable bidding credit cap. applicable bidding credit cap. Applicant indicates each market for Applicant indicates each market
  • http://wireless.fcc.gov/auctions/72/resources/TribalLandsBiddingCredits.pdf
    • bid amounts exceeding $2 million, the cap will be 35 percent of the gross bid. the cap will be 35 percent of the gross bid. Increased Bidding Credit Increased Bidding Credit Waiver requests for a higher bidding credit Waiver requests for a higher bidding credit will be considered by the Commission, will be considered by the Commission, pursuant to section 1.925. pursuant to section 1.925. Applicant must demonstrate that its Applicant must demonstrate that its infrastructure costs exceed the available infrastructure costs exceed the available credit under the formula. credit under the formula. Such requests will be subject to the Such requests will be subject to the applicable bidding credit cap. applicable bidding credit cap. Applicant indicates each market for Applicant
  • http://wireless.fcc.gov/auctions/73/resources/TribalLandsBiddingCredits.pdf
    • costs, including certification by an independent auditor auditor that the estimated costs are reasonable. that the estimated costs are reasonable. No license grant for any market for which a waiver is sought pen No license grant for any market for which a waiver is sought pending ding resolution of the waiver request. resolution of the waiver request. See See47 C.F.R. 1.925; 47 C.F.R. 1.925; see also First Report and Order see also First Report and Order, FCC 00 , FCC 00--209 para. 209 para. 29. 29. Applicant indicates each market for which Applicant indicates each market for which they seek tribal lands bidding credits on they seek tribal lands bidding credits on their long their long--form application (the Form 601) form
  • http://wireless.fcc.gov/auctions/78/resources/TribalandBiddingCredits.pdf
    • costs, including certification by an independent auditor auditor that the estimated costs are reasonable. that the estimated costs are reasonable. No license grant for any market for which a waiver is sought pen No license grant for any market for which a waiver is sought pending ding resolution of the waiver request. resolution of the waiver request. See See47 C.F.R. 1.925; 47 C.F.R. 1.925; see also First Report and Order see also First Report and Order, FCC 00 , FCC 00--209 para. 209 para. 29. 29. Applicant indicates each market for which Applicant indicates each market for which they seek tribal lands bidding credits on they seek tribal lands bidding credits on their long their long--form application (the Form 601) form
  • http://wireless.fcc.gov/auctions/general/releases/fc000209.doc http://wireless.fcc.gov/auctions/general/releases/fc000209.pdf http://wireless.fcc.gov/auctions/general/releases/fc000209.txt
    • costs, while precluding a level of recovery that would exceed or approximate the value of the license. For license areas where the gross bid is greater than $1 million and equal to or less than $2 million, we impose a cap of $500,000, which in effect produces a sliding percentage cap from 50 percent to 25 percent. Pursuant to Section 1.925 of our rules, we will entertain waiver requests for a higher credit where an applicant demonstrates that its infrastructure costs exceed the available credit under the formula. Such waiver requests, however, will be subject to the percentage cap on credits described above, and we will not grant waivers in excess of the applicable cap. Applicants seeking such relief must also
  • http://wireless.fcc.gov/auctions/general/releases/fc000403.doc http://wireless.fcc.gov/auctions/general/releases/fc000403.pdf http://wireless.fcc.gov/auctions/general/releases/fc000403.txt
    • (WTB 2000). See 47 U.S.C. �� 337(c)(1)(A); see also Conference Report at 579-80 (``spectrum must not be immediately available on a frequency already allocated to public safety services.''). We note that an applicant that could not obtain relief pursuant to Section 337 because public safety spectrum was available in other bands could nonetheless seek a rule waiver pursuant to Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. 47 U.S.C. � 337(c)(1)(E). See, e.g., APCO Comments at 12-13; APCO Reply Comments at 7-8; IAFC/IMSA Comments at 5-8; NYSTEC Comments at 12-13. See South Bay, 13 FCC Rcd at 23796 � 33. See Sacramento, 15 FCC Rcd 12600, 12607 � 19. See 47 U.S.C. � 151. We also note that the
  • http://wireless.fcc.gov/auctions/general/releases/fc990244.doc http://wireless.fcc.gov/auctions/general/releases/fc990244.pdf
    • contemplated proceedings may furnish additional sources of spectrum for 3G. See, e.g., AirTouch comments at 16; BellSouth comments at 10-11; GTE comments at 20-22. See, e.g., letter from Ben G. Almond, BellSouth, to Magalie Roman Salas, FCC, dated Sep. 1, 1999; letter from Thomas E. Wheeler, CTIA, to FCC Chairman and Commissioners, dated Sep. 3, 1999. See 47 C.F.R. � 1.925 (1999) (63 Fed. Reg. 68904, 68926-27 (Dec. 14, 1998)). A market with two CMRS providers with 70 MHz each would have HHIs ranging upwards from 3148. A market with three CMRS providers with 60 MHz each would have an HHI not lower than 3333. RSAs are defined in 47 C.F.R. � 22.909(b). Other market designations used by the Commission for
  • http://wireless.fcc.gov/licensing/index.htm?&job=const_req_home
    • Required Notification application via ULS, no later than 15 days after the deadline. If you miss the notification filing window, and the license or license component is not in a termination pending status, and you met the construction/coverage requirement, you should file the Required Notification and include a request for a waiver of Rule Section 1.946(d) in accordance with Rule 1.925. If you miss the notification filing window and the license or license component(s) has entered the automated termination process, you can not file a notification application. You must file a [32]petition for reconsideration within 30 days of the date of the Termination Pending Public Notice listing the license or license component(s) as termination pending. You can file one notification application
  • http://wireless.fcc.gov/licensing/index.htm?job=const_req_home
    • Required Notification application via ULS, no later than 15 days after the deadline. If you miss the notification filing window, and the license or license component is not in a termination pending status, and you met the construction/coverage requirement, you should file the Required Notification and include a request for a waiver of Rule Section 1.946(d) in accordance with Rule 1.925. If you miss the notification filing window and the license or license component(s) has entered the automated termination process, you can not file a notification application. You must file a [32]petition for reconsideration within 30 days of the date of the Termination Pending Public Notice listing the license or license component(s) as termination pending. You can file one notification application
  • http://wireless.fcc.gov/releases/da012793.pdf http://wireless.fcc.gov/releases/da012793.txt
    • business of providing data transmission, internet access, and interactive video services to colleges and universities throughout the State of North Carolina.16 On July 6, 2001, MCNC filed the instant application requesting waiver of Section 101.97 of the Commission's Rules17 to permit authorization on a primary basis of a new station to replace Station WHJ607. III. DISCUSSION 5. Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
  • http://wireless.fcc.gov/releases/da012843.pdf http://wireless.fcc.gov/releases/da012843.txt
    • submitted its report to the Commission recommending, inter alia, digital interoperability standards for both voice and narrowband data communications.10 On August 2, 2000, the Commission sought comment in WT Docket No. 96-86 on the NCC Report.11 4. On November 14, 2000, the Division released an order denying Dataradio's request for waiver. The Division analyzed the waiver request under to Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3), which provides that grant of a request for waiver is warranted if (a) the underlying purpose of the rule would not be served or would be frustrated by application to the instant 6 The term "narrowband" refers to bandwidth less than or equal to 25 kHz. 47 C.F.R. � 90.531 sets forth
  • http://wireless.fcc.gov/releases/da012878.pdf http://wireless.fcc.gov/releases/da012878.txt
    • that Stanislaus County bore the responsibility for timely renewing its license, and the Commission's policy that renewal applications filed more than thirty days after expiration will not be granted routinely, we decline to waive the Commission's rules to grant primary status to 2 GHz FMS stations when the licenses for those stations have expired because of a 1547 C.F.R. � 1.925(b)(3). 16See, e.g., Sierra Pacific Power Company, Order, 16 FCC Rcd 188, 190-91 � 6 (WTB PSPWD 2001) (Sierra Pacific); Plumas-Sierra Rural Electric Cooperative, Order, 15 FCC Rcd 5572, 5575 � 9 (WTB PSPWD 2000) (Plumas-Sierra); Duke Power Company, Order, 14 FCC Rcd 19431, 19434 � 8 (WTB PSPWD 1999) (Duke Power). 17See Biennial Review -- Amendment of Parts 0, 1,
  • http://wireless.fcc.gov/releases/da012883.pdf http://wireless.fcc.gov/releases/da012883.txt
    • the nation. CMRS providers that choose to offer PAS, in accordance with the Commission's Rules, adhere to uniform operating protocols concerning the number of priority levels and the priority level for particular NSEP users. Under Section 64.402, PAS allows authorized NSEP users in emergencies to gain access to the next available wireless channel without preempting calls already in progress. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
  • http://wireless.fcc.gov/releases/fcc00-348.doc http://wireless.fcc.gov/releases/fcc00-348.pdf
    • common nationwide channel plan for interoperability purposes, the interoperability channels should not be subject to such modifications. Id.; see also NYSTEC Petition at 9, 10. Accord APCO Petition at 15. See id., 14 FCC Rcd at 169 � 31, n.76, citing Motorola Comments, Appendix at 4-7, NPSTC Comments Appendix A, and Florida Comments at 2-6. See, e.g., 47 C.F.R. � 1.925 (Waivers). We note as an administrative matter that a rule waiver request is the most appropriate process for determining, e.g., whether all narrowband channels are exhausted in a given geographic area and that a specific proposal to use a portion of a wideband channel is truly a ``last resort.'' Accord NYSTEC Petition at 9, 10 (Commission should allow for some
  • http://wireless.fcc.gov/services/index.htm?job=about_1&id=amateur
    • contest or other operating event may, however, impose additional limitations on your operation as a condition of your participation in the event. [100]Return to Top Arrow Return To Top Rule Waiver Q: May I obtain a waiver to operate my station temporarily in a way that is contrary to the Rules? Yes, if you can satisfy the standards of Section 1.925 of the [101]Rules. Q: How do I apply for a waiver? Follow the procedures in Section 1.925, including payment of any applicable fees. Q: Must I provide the FCC with a report on the data obtained while the station was operating under a waiver? No, you are not required routinely to submit to the FCC a report of your findings.
  • http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2002&m=1&t=Order
    • Phone) Granted the petition for reconsideration filed by Jasper Mobil Phone filed on January 10, 2001, co... DA-02-22A1: [104]pdf - [105]word - [106]txt 01/07/2002 WTB Orders (DA 02-8) KENTUCKY POWER COMPANY d/b/a AMERICAN ELECTRIC POWER Granted the waiver request DA-02-8A1: [107]pdf - [108]word - [109]txt 01/07/2002 WTB Orders (DA 01-3035) STATE OF OHIO Granted Ohio's waiver requests pursuant to Section 1.925 of the Commission's Rules DA-01-3035A1: [110]pdf - [111]word - [112]txt 01/04/2002 WTB Orders (DA 02-5) Friends of the Earth, Inc. Dismissed twenty-nine Objections/Petitions to Deny jointly filed by two organizations, Friends of th... DA-02-5A1: [113]pdf - [114]word - [115]txt DA-02-5A2: [116]pdf - [117]word - [118]txt DA-02-5A3: [119]pdf - [120]word - [121]txt DA-02-5A4: [122]pdf - [123]word - [124]txt 01/03/2002 WTB Orders
  • http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00326.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00326.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00326.txt
    • VoiceStream a waiver because it has not filed a formal waiver petition. See Letter from Dean R. Brenner, Attorney for Qualcomm, Incorporated, to Magalie Roman Salas, Secretary, FCC, dated August 22, 2000 at 4 (Qualcomm August 22 Ex Parte Letter). Because we have discretion to grant waivers on our own motion, we reject this argument. See 47 CFR �� 1.3, 1.925(a). We emphasize, however, that requests for waiver made through the ex parte process are discouraged; parties seeking a waiver of the Commission's rules should, except in the unusual case, formally file a waiver request with the Commission pursuant to our rules of practice and procedure. See generally, 47 C.F.R. � 1.925. See Annual Report and Analysis of Competitive Market Conditions
  • http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
    • information available to the public. ULS, however, provides an unprecedented degree of accessibility to this information. Whether applications Federal Communications Commission FCC 98-25 See proposed 47 C.F.R. � 1.913 at Appendix C. 39 47 C.F.R. � 1.49(a). 40 See Electronic Filing NPRM, supra. 41 See proposed rules 47 C.F.R. �� 1.45, 1.49, 1.106. 42 See proposed rule 47 C.F.R. � 1.925(b). 43 See Electronic Filing NPRM, supra. 44 We seek comment on whether parties submitting manually-filed pleadings would be required to include a 45 diskette copy. See Section III-A-3, infra. 11 or pleadings are filed electronically or manually, all information will be available online to interested parties. After implementation of ULS, any data that is filed manually will be entered or
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992103.doc
    • requested waiver. IV. ORDERING CLAUSES 7. Based on the record established in this proceeding, we conclude that Cal-One has failed to demonstrate that waiver of Section 101.81 of the Commission's Rules is warranted under the circumstances presented. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the request for a waiver filed by Cal-One Cellular L.P. on July 14, 1998, is DENIED and the application for authorization to modify the facilities for Station WMT748 will be granted on a secondary basis. 8. This action is taken under delegated authority pursuant to Section 0.131 and 0.331
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992170.doc
    • (filed Nov. 10, 1997) (Waiver Request). 47 C.F.R. � 90.155(a). Under certain circumstances, applicants for trunked or conventional systems in the 800/900 MHz bands may be authorized a period of up to five years for constructing and placing a system in operation. See 47 C.F.R. � 90.629. See Waiver Denial at 1. Petition at Exhibit B. See 47 C.F.R. � 1.925(b)(3). See Amendment of Parts 1 and 90 of the Commission's Rules Concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Report and Order, RM-6910, 6 FCC Rcd 7297, 7299 � 8 (1991). See Waiver Request at Attachment A. See 47 C.F.R. � 90.155(b). See Amendment of Part 90 of the Commission's Rules to Simplify Certain Procedure for
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992375.doc
    • Order on Reconsideration of the Second Report and Order, 13 FCC Rcd 8345 (1998). ("Reconsideration Order"). See 47 C.F.R. � 1.2110(f)(3). See Southern Communications Systems, Inc., Request for Limited Rule Waiver to Comply with PCS Installment Payment for C Block License in the Cleveland, TN BTA, filed April 29, 1999. ("Waiver Request"). Waiver Request at 2. See 47 C.F.R. � 1.925. Waiver Request at 2. Waiver Request at 4. Reconsideration Order, 13 FCC Rcd at 8354, � 24. See Wireless Telecommunications Bureau Provides Guidance on Grace Period and Installment Payment Rules, Public Notice, 13 FCC Rcd 18213 (1998). See also 47 C.F.R. � 1.2110(f)(4). The "Payment Notice" is a statement that the Commission mails to licensees to indicate upcoming payment obligations.
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992468.doc
    • not appear unique or unusual. 8. Based on the record established in this proceeding, we conclude that BellSouth has failed to demonstrate that waiver of Section 101.81 of the Commission's rules is warranted under the circumstances presented. Accordingly, IT IS ORDERED that pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commissions Rules, 47 C.F.R. �� 1.925, 101.69, the requests for waiver filed by BellSouth Telecommunications, Inc. on June 29, 1998, are DENIED and the applications for authorization to modify the facilities for Station KKX73 and Station KLU83 will be granted on a secondary basis. 9. This action is taken under delegated authority pursuant to Sections 0.131
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992494.doc
    • the Commission denied your application as you raised new issues on review that should have been presented to the Bureau. On June 30, 1999, the Commission completed the second Phase II 220 MHz Service spectrum auction (Auction No. 24). Your bid in the amount of $199,000 (net bid $129,350) was the winning bid on License BEA 160E. II. Discussion. Section 1.925(b) provides that a request for waiver of the Commission's rules must include a showing: (i) that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) that in view of unique or unusual factual
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992540.doc
    • Line A." 5. Discussion. Section 90.613 of the Rules designates the frequency 864.6375 MHz as a base station frequency. The corresponding mobile frequency is 819.6375 MHz. While Section 90.621(a)(1)(ii) of the Rules permits a mobile station to transmit on any frequency assigned to its base station, Country Cousins indicates that its operations will be mobile-to-mobile only. 6. Pursuant to Section 1.925(b)(3) of the Rules, we may grant a request for waiver of the Rules if the applicant shows either (a) that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) in view of unique
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992547.doc
    • and Notice of Proposed Rulemaking, 13 FCC Rcd 19064, 19065 � 1. See generally 218-219 MHz Service R&O, �� 13 and 99. Id., � 14. Id., � 112. 56 Fed. Reg. 69,656 (1999). The final rules are scheduled to take effect 60 days after their Nov. 3, 1999, publication in the Federal Register. 47 C.F.R. � 1.3. Celtronix cites Section 1.925 of our Rules, 47 C.F.R. � 1.925, as the basis under which we consider waiver requests in the Wireless Radio Services. We note, however, that these waiver rules were not yet in effect at the time of Celtronix's filing, and that we have previously used a Section 1.3 analysis when evaluating waiver requests in the 218-219 MHz Service. Request of
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992592.doc
    • 47 U.S.C. �� 154(i) and 405, and Sections 0.331 and 1.106 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.106, the Petition for Reconsideration filed by JSM Tele-Page, Inc. IS DISMISSED. 9. IT IS FURTHER ORDERED, pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.331 and 1.925(b)(3) of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.925(b)(3), that the paging application freeze IS WAIVED subject to the conditions stated herein. FEDERAL COMMUNICATIONS COMMISSION Steven E. Weingarten Chief, Commercial Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration of JSM Tele-Page, Inc., File No. 2000C3-CML (Feb. 17, 1998); letter from Roger Noel, Chief, Licensing and Technical Branch, Commercial Wireless
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992627.doc
    • stations that comprise TELECELLULAR's wide-area system will terminate. Therefore, we grant a waiver of the 30-day reinstatement period and will now accept renewal applications for the licenses listed in Attachment A. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 309, and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the Request to Correct Administrative Error, or in the Alternative, Petition for Reconsideration, Petition for Rule Waiver, and Petition for Acceptance of Late-Filed Renewal Applications, filed by TELECELLULAR on January 11, 1999 IS GRANTED as described herein and that the renewal applications for the licenses listed in Attachment A be processed.
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992793.doc
    • a secondary basis to ET licensees. Tampa Electric thus seeks to have its facilities "re-licensed" with primary status. III. DISCUSSION 5. In this case, the station at issue was originally authorized with primary status, but that authorization has terminated. Tampa Electric now requests a waiver of the Rules so that its new station license can be accorded primary status. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a request for waiver when (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case and a grant of the requested waiver would be in the public interest, or (ii) in view of the unique or unusual circumstances of the
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992830.doc
    • MHz, "unavailable" under Section 337(c) of the Act. Consequently, we must deny Hauppauge's Section 337(c) request because it failed to satisfy at least two of the statutory criteria under Section 337(c) of the Act. We need not address whether Hauppauge has submitted evidence that would allow us to make the other findings required by Section 337(c)(1). B. Waiver Under Section 1.925 of the Commission's Rules . Hauppauge also requested a waiver of the Commission's Rules outside of Section 337(c) of the Act. To obtain a waiver of the Commission's Rules, a petitioner must demonstrate that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992959.doc
    • By the Deputy Chief, Wireless Telecommunications Bureau: I. INTRODUCTION . The County of Sacramento, California (Sacramento) seeks a waiver of the current suspension of the licensing of frequencies in the 929-930 MHz band allocated for exclusive paging operations. It has filed its request pursuant to Section 337 of the Communications Act of 1934 (Communications Act), as well as under Section 1.925 of the Commission's Rules. For the reasons stated herein, we deny the request. II. BACKGROUND . The frequencies at issue in this matter are allocated for the use of paging operations on an exclusive basis. On February 8, 1996, the Commission proposed a transition from site-by-site licensing to geographic area licensing for all exclusive, non-nationwide paging services, and to adopt
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da993023.doc http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da993023.txt
    • to construct its B/ILT frequencies until the effective date of final rules regarding the licensing of the Industrial/Land Transportation frequencies in the context of the Commission's rulemaking proceeding to implement the Balanced Budget Act. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, Nextel Communications, Inc.'s Request for Waiver of Section 90.629 of the Commission's Rules IS GRANTED IN PART and DISMISSED IN PART as moot as discussed herein. This action is taken under delegated authority pursuant to sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION William
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99244.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99244.txt
    • furnish additional sources of spectrum for 3G. 199 See, e.g., AirTouch comments at 16; BellSouth comments at 10-11; GTE comments at 20-22. 200 See, e.g., letter from Ben G. Almond, BellSouth, to Magalie Roman Salas, FCC, dated Sep. 1, 1999; letter from Thomas E. Wheeler, CTIA, to FCC Chairman and Commissioners, dated Sep. 3, 1999. 201 See 47 C.F.R. � 1.925 (1999) (63 Fed. Reg. 68904, 68926-27 (Dec. 14, 1998)). Federal Communications Commission FCC 99-244 39 still be highly concentrated,202 and would be less competitive than many markets are today. Even a 50 MHz cap or 55 MHz cap, while maintaining at least four competitors, could lead to excessive concentration in most markets. For example, while a 55 MHz cap would
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000001.doc
    • MHz Service system with an ERP of up to 250 watts, co-located with the transmitter for Channel 13 Television Station WTHR. All other 218-219 MHz Service rules continue to apply to DITV's system. V. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, DITV's Amendment to Request for Waiver, filed on June 9, 1998, IS GRANTED. 12. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000002.doc
    • we will grant Troy State's applications to modify its licenses for Stations WNTN678 and WNTN679 to allow it to operate in the 2 GHz band on a secondary basis to ET licensees. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Request for Co-Primary Frequency Assignment of Troy State University, dated February 14, 1997, IS DENIED and the licenses for Stations WNTN678 and WNTN679 will be modified to restore the authorization to operate on 2 GHz frequencies but only on a secondary basis to ET systems. This action is taken under
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000013.doc
    • had operated its telemetry system on frequency 155.760 MHz for over sixteen years and depended on continued use of this system to ensure the continual operation of its growing sanitary sewer and community well systems. Suffolk also reiterated its claim that it had never experienced an impact to or from other operations in its utilization of this frequency. Discussion. Section 1.925(b)(3) of the Commission's Rules provides that the Commission may grant a waiver of a rule upon a showing that (i) the underlying purpose of the rule would not be served by application in the instant case and that a grant would be in the public interest; or (ii) in view of the unique or unusual factual circumstances of the instant
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000054.doc
    • application, may grant the renewal nunc pro tunc. Because the licensees timely constructed their authorization and are currently providing service, grant of the waiver is in the public interest. We therefore will grant the requested waiver. . Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 C.F.R. � 154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the requests for waiver filed by Andrea Hall and David Fitts on March 5, 1999 ARE GRANTED. FEDERAL COMMUNICATIONS COMMISSION Suzan Friedman Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau Section 90.151 was replaced by section 1.925 prior to the filing of the Petitioners' request. Biennial Regulatory
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000058.doc
    • Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 90.149(a) (1998). Id. We note that section 90.149(a) (1998), in effect at the time the waiver requests were filed, expressly provided that a license automatically cancels if no timely reinstatement request is filed. See 47 C.F.R. � 90.151 (1998). We note that while section 90.151 has been superseded by 47 C.F.R. � 1.925, we would deny the instant waiver requests under the revised rule as well. Federal Communications Commission DA 00-58 Federal Communications Commission DA 00-58 � � � � � 0 �
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    • reinstatement after the end of the applicable additional 30-day period. However, Brisbin timely constructed his authorization and is currently providing service. We therefore grant his Petition and, accordingly, grant his requested waiver and reinstate his license. . Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 1.106 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.106, 1.925, the Petition for Reconsideration filed by Ivan Brisbin on September 11, 1998 IS GRANTED. . IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the request for
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000060.doc
    • August 10, 1999. Ventresca has not shown that granting the waiver would be in the public interest or described unique or unusual factual circumstances that would justify granting the waiver. We therefore deny his waiver request. . Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the request for waiver filed by Robert Ventresca on April 5, 1999 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Suzan Friedman Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 1.949(a). Ventresca actually requests a waiver of 47 U.S.C. � 1.958 (1998), which has been superseded by
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000061.doc
    • February 9, 1999 IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Suzan Friedman Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 90.149(a) (1998). Id. We note that this particular provision of section 90.149(a) has since been deleted. See 47 C.F.R. � 90.151 (1998). We note that while section 90.151 has been superseded by 47 C.F.R. � 1.925, we would grant the instant waiver request under the revised rule as well. Federal Communications Commission DA 00-61 Federal Communications Commission DA 00-61
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000107.doc
    • it will encourage more efficient use of the spectrum and provide improved opportunities for interoperable communications by the public safety and public service community, without the possibility of a net loss of public safety spectrum. V. Ordering Clauses IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.179 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.179, the Waiver Request filed by AEP on December 3, 1998, IS GRANTED IN PART and DENIED IN PART, as set forth above. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 CFR �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R.
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000117.doc
    • Technical Analysis Branch (the successor to the Land Mobile Branch) from processing Arizona's modification application, and we therefore direct the Licensing and Technical Analysis Branch to process the modification application with the ERP of the original authorization. Accordingly, pursuant to sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the Request for Waiver filed by Dale Eaton and Henry Zappia d/b/a Arizona Two-Way Communications on April 30, 1996 IS DENIED, and that the modification application filed by Dale Eaton and Henry Zappia d/b/a Arizona Two-Way Communications on April 30, 1996 BE PROCESSED. This action is taken pursuant
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000122.doc
    • Commission's refusal to grant relief to entities such as Pasquet in the 218-219 MHz Flex Order and Pasquet's failure to satisfy the waiver standard, we deny Pasquet's request for a waiver. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925(b)(3)(ii) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3)(ii), the rule waiver request that was filed by Bernard Pasquet on December 31, 1996, IS DENIED. 8. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000151.doc
    • operations may incur interference and TCC would be subject to accept such interference. However, because frequencies in the 30 MHz band are sparsely used, we do not expect this to be a problem. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Sections 1.925 and 90.35(e)(2) of the Commission's Rules, 47 C.F.R. �� 1.925, 90.35(e)(2), TCC's waiver request filed on February 25, 1997 is GRANTED with respect to Call Signs WNCX690, WNDK510, WNEC778, WNRC879, WNRZ356 and WPIH848, and its developmental licenses will be MODIFIED as set forth herein. 10. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000159.doc
    • license. The Bureau is releasing a Public Notice seeking comments on FreePage's Petition insofar as it requests rule amendments. For the reasons discussed below, this order denies FreePage's waiver, experimental license, and developmental license requests. 6. Waiver Request. FreePage seeks a waiver of Section 22.323 of the Commission's rules so that it can begin providing LPDS in several cities. Section 1.925, ``Waivers,'' sets forth the Commission's standards for granting waivers. It provides that waivers may be granted if the petitioner has shown: (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000161.doc
    • 1, 1999) (Richter Letter). See 47 U.S.C. � 337; see also Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251 (1997), � 3004 (Balanced Budget Act). 47 C.F.R. Parts 22, 90. See Letter from Fred Sanchez, Chief of Police, City of Pomona, to FCC (dated Feb. 9, 1999). 47 C.F.R. � 90.151 (1998) (currently 47 C.F.R. � 1.925). Because this Order grants the Waiver Request pursuant to Section 337, we will not address its arguments for a waiver pursuant to former Section 90.151. See 47 C.F.R. Part 22. Part 22 governs the use of spectrum for certain common carrier Public Mobile Radio Service licensees. Application Return Notice for the Private Land Mobile Radio Services (June 18, 1999). Id.
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    • certain franchise areas held by Century and FrontierVision. Hyperion submitted its waiver request on December 9, 1999, requesting a permanent waiver of the LMDS eligibility restriction or, in the alternative, a waiver pending the outcome of the Sixth Notice of Proposed Rulemaking. discussion Permanent Waiver Request. The Commission's Rules allow for waiver of specific rule requirements upon certain showings. Section 1.925 of the Commission's Rules requires a petitioner to demonstrate either that (a) the underlying purpose of the rule will not be served, or would be frustrated by application to the instant case, and that a grant of the waiver is otherwise in the public interest; or (b) in view of unique or unusual factual circumstances of the instant case, application
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000193.doc
    • Land Mobile Waiver Requests, dated June 4, 1996. Id. Letter from Michael J. Regiec, Deputy Chief, Land Mobile Branch, to Nancy J. Douglas, Country Communications, Inc., dated January 28, 1997. Id. Country Petition at 5-6. See 220 MHz Second Report and Order, 11 FCC Rcd at 3669, � 4. Id. 47 C.F.R. �� 1.918(b) and 90.161(a). See 47 C.F.R. � 1.925(b)(3)(ii). See also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular Telephone Company, L.P., et al., 897 F.2d 1164 (D.C. Cir. 1990). See Amendment of Part 90 of the Commission's Rules to Provide for the Use of the 220-222 MHz Band by the Private Land Mobile Radio Service, PR Docket No. 89-552, Implementation of Sections 3(n)
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    • Quiet Zone have prevented them from offering service to significant portions of their licensed areas. Under these circumstances, we believe that enforcing the existing buildout and unserved area rules would serve no useful purpose and would potentially encourage the filing of speculative applications. We disagree, however, that a rulemaking proceeding is the best method to address this situation. Under section 1.925 of the Commission's rules, rules associated with licenses in the Wireless Radio Services, including cellular, may be waived when (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and a grant of the requested waiver would be in the public interest; or (2) in view of unique or
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    • filing deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding markets to their short form applications, unless a waiver of the rules is warranted. The facts presented in Pass Word's Request show unique circumstances supporting the grant of this waiver pursuant to Section 1.925 of the Commission's Rules. Consequently, we will permit Pass Word to amend its FCC Form 175 to add the licenses listed in its request, and this amendment will allow Pass Word to bid on those licenses. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000313.doc
    • and 90 of the Commission's Rules concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Report and Order, 6 FCC Rcd. 7297,7301-7302, � 25 (PLMRS Report and Order) ("Under no circumstances will we accept an application for a particular frequency until that frequency has actually been deleted from our database . . . ."). 47 C.F.R � 1.925(b)(3); see also WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). The waiver standard for Private Land Mobile Services was formerly codified at Section 90.151(a) of the rules, 47 C.F.R. 90.151(a) (1995). See Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 90, 95, 97, and 101 of the Commission's Rules
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000365.doc
    • June 11, 1997. Branch Letter at 2-3. Id. at 2. Id. Id. at 3. According to our licensing records, the special temporary authority is scheduled to expire on June 5, 2000. Waiver Request at 9; Petition at 14-15. Waiver Request at 9; Petition at 14-15. Petition at 16-17. Id. at 17. 47 C.F.R. � 90.151(a) (1998) (now 47 C.F.R. � 1.925(b)(3)). See Petition at 8-14. Id. at 11. Id. at 12. Id. at 18. Opposition at 4. See id. at 5-6. See id. at 7-8; Opposition to Emergency Motion for Stay filed by Hub Folding Box, Fischbach & Moore, Perini Corp., and Industrial Communications & Electronics, Inc. on January 13, 1999, at 7. 47 C.F.R. � 1.1110(f) (1996); see also Establishment
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000367.doc
    • development of federal/state/local systems, promote more efficient use of the spectrum, and provide improved opportunities for interoperable communications by the public safety, public service, and defense communities on the federal, state, and local levels. V. ORDERING CLAUSES 17. IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.173 of the Commission's Rules, 47 C.F.R. �� 1.925; 90.173, the waiver of Section 90.173, filed by the State of Wisconsin on October 9, 1998, IS CONDITIONALLY GRANTED, as set forth above, and the application for modification of Station KQO228 filed by the State of Wisconsin on October 9, 1998, WILL BE PROCESSED. 18. IT IS FURTHER ORDERED that
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000393.doc
    • carrier basis. 5. On September 11, 1998, Nextel filed applications seeking to convert the status of four POFS stations located in Nevada from private to common carrier status. The applications were accompanied by a request for waiver of Section 101.603(b)(1) to permit carriage of common carrier traffic on 2 GHz frequencies allocated exclusively to the POFS. III. DISCUSSION 6. Section 1.925 of the Commission's Rules states that rule waivers will not be granted unless an applicant affirmatively shows that either (a) the underlying purpose of the rule will not be served or would be frustrated by its application in the particular case, and that grant of the waiver is in the public interest; or (b) the unique facts or unusual circumstances
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000398.doc
    • C.F.R. � 90.259 limits the use of frequencies in the 1427-1435 MHz band to telemetry operations. 47 C.F.R. � 90.20(f)(5) permits a police licensee to use any frequency between 40 and 952 MHz for physical surveillance, stakeouts, raids and other such covert operations without special authorization from the Commission. Petition at 1, 4. Id. at 4. See 47 C.F.R. � 1.925(c)(i) (codifying practice). Petition at 4. See 47 C.F.R. � 1.106(b)(1). Petition at 6. Id. See also Itron's Engineering Analysis at 3. Opposition at 8 and Exhibit A. Petition at 1. Opposition at 6. (continued....) Federal Communications Commission DA 00-398 Federal Communications Commission DA 00-398 @& f 0
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    • not be in the public interest. Because we conclude the Celtronix has not provided sufficient justification for the waivers to operate such a system, we deny its waiver requests and dismiss the associated applications. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request filed by Celtronix, Inc., on July 19, 1999, IS DENIED. IT IS FURTHER ORDERED that the application of Celtronix, Inc. to operate a private land mobile system on a secondary basis in the 218-219 MHz band in the Virginia Tidewater area, FCC File No. D128959, IS DISMISSED. This action
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000401.doc
    • not be in the public interest. Because we conclude the Telemetron has not provided sufficient justification for the waivers to operate such a system, we deny its waiver requests and dismiss the associated applications. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver requests filed by Telemetron, Inc., on April 27, 1999 and June 11, 1999, ARE DENIED. IT IS FURTHER ORDERED that the applications of Telemetron, Inc. to operate a nationwide private land mobile system on a secondary basis in the 218-219 MHz band, FCC File Nos. D125581 and D133075, ARE DISMISSED.
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    • for waiver of the short-form (Form 175) application submission deadline is denied. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Mark R. Bollinger Acting Chief Auctions and Industry Analysis Division Wireless Telecommunications Bureau See Three Angels Broadcasting Network, Inc. Request for Waiver, filed on or about February 24, 2000. 47 C.F.R. � 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). See "Supplemental Closed Broadcast Auction; Auction No. 28, Notice and Filing Requirements for Auction of AM, FM, TV, LPTV, and FM and TV Translator Construction Permits Scheduled for March 21, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-2958 (rel. December
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    • Section 0.331 of the Commission's Rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter from William Buxbaum, Attorney for Network Services, LLC. to Amy Zoslov, Chief, Auctions & Industry Analysis Division, Wireless Telecommunications Bureau Telecommunications Bureau, Federal Communications Commission, February 18, 2000 (``Request''). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. 47 C.F.R. � 0.331. William Buxbaum, Esq. March 2, 2000 Washington, DC 20554 ���� ?~����vp ---x7�K -�Mn�m�U�����U�� �e`�����O���u�P�V�...�/`� jQ!�Gx-��a�w6Ұ���''� � �E%...EAJ�ST� �T �(R)"��-�7#;W*T[�#frUi<�w�1=/ ]�-N�mW����Yls|1ь�
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000472.doc
      • Telecommunications Bureau. Biennial Regulatory Review -- Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, 13 FCC Rcd 21207, WT Docket No. 98-20 (1998). Section 101.23 was superseded by 47 C.F.R. � 1.925, the language of which is, in pertinent part, substantially the same as that of former 47 C.F.R. � 101.23. See 47 C.F.R. � 101.109. Waiver Request at 4. Id. at 4-5; Waiver Supplement at 2. Waiver Request at 7. Id. Order, 13 FCC Rcd at 25393-94 �� 7-11. Petroleum Communications, Inc., filed a Petition for Clarification noting that because the
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      • of a waiver is warranted under the circumstances described. Accordingly, based on the record in this proceeding, we conclude that a rule waiver is not justified. Consequently, this Order denies Datacom's Waiver Request. V. ORDERING CLAUSES 10. IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C �� 154(i), 405, and Section 1.925 of the Commission's Rules, 47 C.F.R � 1.925 that Datacom's request for waiver of Sections 101.101 and 101.109 of the Commission's Rules, 47 C.F.R. �� 101.101, 101.109, filed March 24, 1999, IS DENIED. 11. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION
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      • three percent and twenty percent of the defaulted bid amount. Once the license(s) have been auctioned the total default payment will be calculated and the Commission will either assess the final balance or refund any amounts due to the defaulting bidder. Section 1.3 of the Commission's Rules permits the Commission to waive its rules if good cause is demonstrated. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's rules will not be permitted except upon an affirmative showing that either: (a) the underlying purpose of the rule will not be served in a particular situation and that granting the waiver request is in the public interest; or (b) the ``unique or unusual factual circumstances of the instant
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000626.doc
      • (FCC Form 175) are treated as exempt proceedings, and therefore, not subject to the ex parte prohibitions that generally pertain to restricted proceedings. Cook further asserts that the Bureau was ``unjustifiably generous in accepting Pass Word's claim that it was confused by auction materials.'' Requests for waiver of rules must meet the criteria for granting a waiver. Pursuant to Section 1.925 of the Commission's Rules, Pass Word's Request showed unique circumstances supporting grant of the waiver. Furthermore, we concluded that granting the waiver did not undermine the purpose of the rule because we found credible Pass Word's explanation of its mistake. Cook also argues Pass Word's original application ``was a significant factor in Cook's auction strategy, including the determination of its
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      • FMS stations, by modification or ``re-licensing.'' Accordingly, we do not believe that Plumas-Sierra has shown that its case presents unusual or unique circumstances warranting grant of a waiver of the Commission's rules. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 405, and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Request for Waiver of Plumas, filed March 23, 1999, IS DENIED. 12. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless
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      • has no reasonable alternative to its proposed system. Accordingly, we deny the waiver request, and will issue the modified licenses for Stations WMJ503 and WHB542, and the license for the new Boonville station, on a secondary basis. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), and Sections 1.925, 1.945 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.945, 101.69, the Request for Waiver of Cybertel RSA Cellular, L.P., filed on March 23, 1999, IS DENIED and the license for the facility at Boonville, Missouri and the modified licenses for Stations WMJ503 and WHB542 will be issued with secondary status. This action is taken under delegated authority
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000683.doc
      • initial filing deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding markets to their short form applications, unless a waiver of the rules is warranted. The facts presented in Applicants' Requests show unique circumstances supporting the grant of these waivers pursuant to Section 1.925 of the Commission's rules. Consequently, we will permit Applicants to amend their short-form applications to add the licenses listed in their Requests, and these amendments will allow Applicants to bid on those licenses. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000699.doc
      • initial filing deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding licenses to their short form applications, unless a waiver of the rules is warranted. The facts presented in Applicant's Request show unique circumstances supporting the grant of these waivers pursuant to Section 1.925 of the Commission's rules. Consequently, we will permit Applicant to amend its short-form application to add the licenses listed in its Request, and these amendments will allow Applicant to bid on those licenses. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000721.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000721.txt
      • of the parties to comply with this obligation will result in automatic cancellation of the Commission's approval hereunder and in dismissal of the relevant transfer of control or assignment applications. IT IS ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), 309, and 310(d), and section 1.925(a) of the Commission's rules, 47 C.F.R. � 1.925(a), that the requirement in 47 C.F.R. � 1.948(c)(1)(iii) and (d) that notices of consummation and FCC Forms 602 be filed subsequent to the occurrence of pro forma transfers of control or assignments IS HEREBY WAIVED with respect to those transfers of control and assignments involved in the international and domestic reorganization of
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      • is warranted or would be in the public interest. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter from Jason Bunch, NTCH, Incorporated, to Kathy Garland, Wireless Telecommunications Bureau, Federal Communications Commission, filed March 29, 2000. 47 C.F.R. � 1.925. See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Scheduled for April 12, 2000: Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice''). See Auction No. 30
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      • the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, ET Docket No. 95-183, 14 FCC Rcd 12428, 12437 � 12 (1999). Further Petition at 4-5. See 47 C.F.R. � 1.7. See 47 C.F.R. � 1.106(i). Further Petition at 4-5. 47 C.F.R. � 1.7. 47 C.F.R. � 0.401. Further Petition at 6-8. 47 C.F.R. � 1.925(b)(3). Moreover, there are substantial reasons to apply the rules. While the Secretary's Office currently stops accepting filings at 7 p.m., filings may be submitted to the Commission's lockbox at the Mellon Bank until midnight. Granting a waiver to allow a reconsideration petition to be filed at the Commission's lockbox would therefore permit a petitioner to avoid the filing deadline. Further
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      • Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter to Margaret Wiener, Chief, Legal Branch, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Messrs. Thomas Gutierrez and Todd Slamowitz, Counsel for Bell Mountain Communications, Inc., Re: Waiver of Upfront Payment Deadline (April 5, 2000) (``Request''). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Scheduled for April 12, 2000: Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice''). See Auction No. 30
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      • deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding licenses to their short form applications, unless a waiver of the rules is warranted. The facts presented in your Request do not show unique circumstances supporting the grant of these waivers pursuant to Section 1.925 of the Commission's rules. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Mr. David E. Beyerle (April 6, 2000) (``Request''). You selected the following market
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      • Band; Status of Applications to Participate in the Auction,'' Public Notice, DA 00-615 (rel. March 17, 2000) (``Auction No. 30 Status Public Notice''). See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; 35 Qualified Bidders,'' Public Notice, DA 00-724 (rel. March 31, 2000) (``Qualified Bidders Public Notice''). See 47 C.F.R. � 1.925. Section 1.925 of the Commission's rules requires that to obtain a waiver of the Commission's Rules, a petitioner must demonstrate either (a) that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and grant of the requested waiver would be in the public interest; or (b) that, in view
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      • above filed by Arch Communications Group, Inc., Paging Network, Inc., and/or the shareholders and/or affiliates of these companies in the above-captioned proceeding to transfer control of Commission licenses ARE GRANTED. IT IS FURTHER ODERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), 309, 310(d), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the request of Arch Communications Group, Inc. and Paging Network, Inc. for a waiver of Section 24.101(a) of the Commission's rules, 47 C.F.R. � 24.101(a), is GRANTED in part and DENIED in part, as described herein. This action is taken on delegated authority under section 0.331 of the Commission's rules, 47
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      • a licensee's exclusive use. Thus, Tucson requests a waiver of Section 90.623(a) in order to obtain ten new conventional channels in the Tucson area and a waiver of Section 90.625(a) in order to have exclusive operation on the additional channels. Tucson's Waiver Request was placed on public notice on January 18, 2000. No comments were filed. III. DISCUSSION 4. Section 1.925 of the Commission's Rules requires a party seeking waiver of specific rule requirements to demonstrate either that (a) the underlying purpose of the rule will not be served or would be frustrated by application to the instant case, and that a grant of the waiver is in the public interest; or (b) in view of unique or unusual factual circumstances
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      • in the 2 GHz band are authorized on a secondary basis to ET licensees. discussion In this case, we note, as an initial matter, that the station at issue was originally authorized with primary status, but that authorization has terminated. FPL now requests a waiver of the Rules so that its new station license can be accorded primary status. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a request for waiver when (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case and a grant of the requested waiver would be in the public interest, or (ii) in view of the unique or unusual circumstances of the
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      • its own omissions, and because we have established no policy guaranteeing the automatic reinstatement of 218-219 MHz Service licenses, we conclude that Self Communications is apparently liable for a forfeiture in the amount of one thousand five hundred ($1500). ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request of Self Communications, Inc., filed May 24, 1999, is GRANTED to the extent stated herein, the five-year progress report filed as Exhibit B to application FCC File No. D126953 IS ACCEPTED, and the license for Call Sign KIVD0006 IS REINSTATED. IT IS FURTHER ORDERED, pursuant to Section 503(b) of
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      • appropriate applications to accomplish the necessary divestitures by this date, whether to the contemplated carrier, to another carrier, or to a divestiture trust that complies with the Commission's rules. Accordingly, IT IS ORDERED that pursuant to sections 1, 2, and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 152, and 154(i), and sections 0.331, 1.3, 1.925(a), and 20.6(a) of the Commission's rules, 47 U.S.C. �� 0.331, 1.3, 1.925(a), 20.6(a), the Request for Extension of Waiver filed by VoiceStream Wireless Corporation and Omnipoint Corporation is GRANTED as indicated herein. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 20.6. Pursuant to Section 20.6(e)(1), divestiture of interests exceeding the spectrum
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      • for and was granted an authorization to use the channel formerly associated with that station. Thus, it appears that co-channel interference would occur if BFI's license for KRJ257 were reinstated as requested. 8. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, that the petition for reconsideration filed by Browning Ferris, Industries, Inc., on December 4, 1998, and resubmitted on September 14, 1999, IS DENIED. 9. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Section 1.949 of
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      • also ``would significantly minimize the burden on the Commission's database administration and record keeping staff'' while still affording the Commission and the public timely notice of the reorganizations undertaken. Therefore, we grant the Petition. 4. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), and sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.925, the Petition for Waiver filed on May 9, 2000, by SBC Communications Inc. and BellSouth Corporation IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION William Kunze Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. �� 1.948(c)(1)(iii) and (d). See Letter from Patrick Grant, Esq. and Philip Horton, Esq. of Arnold &
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      • to provide service in its license area to at least one-third of the population within five years of originally being licensed, and two-thirds within ten years. Accordingly, when American Wireless was assigned Bay Springs's license, American Wireless assumed responsibility for meeting those same ``build-out'' requirements by the June 23, 2000 deadline for PCS B Block licenses. Pursuant to Commission rule 1.925, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) in view of the unique or unusual factual circumstances of the instant case, application of
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      • C.F.R. � 0.331, the cellular or PCS licenses that are put into the divestiture trust will automatically cancel if not divested to a third party within 180 days of transfer or assignment to the trust. IT IS FURTHER ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.925, the Petition for Waiver of CMRS Spectrum Cap Rule, codified in section 20.6 of the Commission's rules, filed on April 6, 2000, by Bell Atlantic Corporation, GTE Corporation, and Vodafone AirTouch Plc, IS GRANTED for a period not to exceed 90 days with respect to PCS-cellular overlaps in the Chicago,
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      • Released: July 7, 2000 By the Deputy Chief, Wireless Telecommunications Bureau: iNTRODUCTION We have before us a request from the Hauppauge Fire District (Hauppauge) for reconsideration of the decision of the Wireless Telecommunications Bureau (Bureau) denying its request for a waiver of the Commission's Rules, pursuant to Section 337 of the Communications Act of 1934 (Act), as amended, and Section 1.925 of the Commission's Rules. Upon consideration of the arguments and the record presented by Hauppauge, we deny the Petition. background Hauppauge is a public agency which provides fire fighting services to an eight square-mile district within Suffolk County, on Long Island, New York. It is the licensee of Station KEC785, and currently operates a 46 MHz band fire radio system,
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      • in their licensed areas within ten years of their initial license grant. The five-and ten-year benchmarks applicable to WPOI208 are June 23, 2000 and June 23, 2005, respectively. Even though GTE now holds the authorizations for both the BTA and the MTA, there remain separate build-out benchmarks for each of the two licenses. III. Discussion 3. Pursuant to Commission Rule 1.925, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where petitioner establishes unique or unusual factual circumstances, application of the rule would be inequitable,
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      • July 11, 2000 Before the Deputy Chief, Wireless Telecommunications Bureau: INTRODUCTION We have before us a request from the County of Sacramento, California (Sacramento) for reconsideration of our denial of its request for a waiver of the Commission's Rules and dismissing its associated license application pursuant to Section 337 of the Communications Act of 1934 (Act), as amended, and Section 1.925 of the Commission's Rules. Upon reconsideration of the arguments and the record presented, we now find that Sacramento has properly invoked the provisions of Section 337(c) of the Act and that it meets the statutory criteria for granting a waiver of the Commission's Rules. Specifically, we find that: (a) no spectrum other than the unassigned Part 90 frequency at issue
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      • filed November 10, 1999; Closed Broadcast Auction - 224 Qualified Bidders, Public Notice, DA 99-1912 at Attachment C (rel. September 17, 1999) (``Qualified Bidders Public Notice''); Closed Broadcast Auction - Revised Attachments Listing Qualified Bidder Status, Public Notice, DA 99-1949 at Attachment C (rel. September 22, 1999). See NSB Declaration at � 6. PVBI Petition at 5. Id. 47 C.F.R. �1.925. Letter from Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Richard Haeder, DA 99-1854 (rel. September 14, 1999) (``Haeder''). PVBI cites Haeder for the proposition that an applicant's failure to meet pre-auction deadlines is not a special circumstance warranting a waiver. PVBI Petition at 4. PVBI misconstrues this decision. The Division held that applicants are responsible
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      • Inc., Memorandum Opinion and Order, 52 FCC 2d 1009 (1975)) (Houston Mobilfone). 47 C.F.R. � 1.106. ADF Petition at 6. Frequency Coordination in the Private Land Mobile Radio Services, Report and Order, PR Docket No. 83-737, 103 FCC 2d 1093, 1101, para. 18 (1986). Id. at 1102, para. 21. 1999 MO&O at 7. ADF Petition at 7-9. 47 C.F.R. � 1.925(b)(3)(i). 1999 MO&O at 7. Id. 1999 MO&O at 8 (citing Amendment of Parts 1 and 90 of the Commission's Rules Concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Report and Order, 6 FCC Rcd 7297, 7301 at para. 20 (1991)). Id. at 8. Id. Id. Id. Id. at 11-12 (citing Amendment of Parts 0, 1, 13,
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      • that Kenwood has not demonstrated that a blanket rule waiver permitting amateur service licensees to utilize the 144 MHz band to operate a Sky Command system is warranted under the circumstances presented. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for declaratory ruling or waiver filed by Kenwood Communications Corp. on November 4, 1999, IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless
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      • the LMS license in BEA 107C. Metro-Trak's amount on deposit for upfront and down payments will be applied to this initial default payment (BEA 164C). If additional payment is required after BEA 164C is re-auctioned, a second order will be issued to assess the amount due. IV. Ordering Clauses 15. Accordingly, IT IS ORDERED that, pursuant to sections 0.331 and 1.925(b)(3) of the Commission's rules, 47 C.F.R. �� 0.331, 1.925(b)(3), Metro-Trak L.L.C.'s Letter, dated June 30, 1999, requesting a waiver of Section 1.2109(a) of the Commission's rules, 47 C.F.R. � 1.2109(a), IS DENIED. 16. IT IS FURTHER ORDERED that, pursuant to sections 0.331 and 1.2104(g) of the Commission's rules, 47 C.F.R. �� 0.331, 1.2104(g), Metro-Trak L.L.C. is assessed an initial default
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      • regional construction requirements to certain of NRTC's facilities would impede construction of its integrated system and frustrate the goal of providing service to rural areas. NRTC contends that the construction requirements for Phase II nationwide licenses are best suited to the construction of a system that is intended to serve sparsely populated geographic territories. III. Discussion 7. Pursuant to section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
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      • third party licensees. We therefore will not revisit this issue here. For these reasons, we find that Omnipoint has made a sufficient showing that grant of a waiver for PCS licensees is warranted under the circumstances described above. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and section 1.925(b)(3) of the Commission's rules, 47 C.F.R. � 1.925(b)(3), the request for waiver filed by Omnipoint Communications, Inc. is GRANTED as detailed above. FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Deputy Chief Wireless Telecommunications Bureau 47 C.F.R. �24.238. Wireless Telecommunications Bureau Requests Comment on Omnipoint Communications, Inc. Request for Declaratory Ruling or Waiver Concerning PCS Emission Limits Rule � 24.238, Public Notice,
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      • on February 23, 2000, and GLM did not request renewal pending resolution of its petition for reconsideration. Moreover, because the STA has expired, there is nothing before us to be extended. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Petition for Reconsideration filed by GLM Communications, Inc., on December 29, 1999 IS DENIED. 10. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division
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      • request for a waiver of Section 101.81 of the Commission's Rules, and forward the application to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch, for processing in accordance with the applicable Commission Rules. ordering Clauses ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Temporary Waiver of Section 101.81 of the Commission's Rules of Northwest Missouri Cellular, filed on August 18, 1999, IS DENIED. IT IS FURTHER ORDERED that application FCC File Nos. 0000024117-0000024119, filed by Northwest Missouri Cellular on August 18, 1999, SHALL BE PROCESSED by the Public Safety and Private Wireless
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      • is misplaced, for the Commission has decided that the effect on relocation costs is a relevant decisional factor only when licensees propose minor modifications, and not when they propose major modifications, such as increasing the bandwidth. ordering clauses Accordingly, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, that the request for a waiver filed by Illinois Valley Cellular RSA 2, Inc. on August 26, 1999, is DENIED. IT IS FURTHER ORDERED that application FCC File No. 0000035142 to modify the facilities for Stations WMM680 and WMS806, filed August 26, 1999, SHALL BE PROCESSED by the Public
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      • an applicant may apply for to allow for system growth while minimizing ``warehousing'' of shared private land mobile radio spectrum. See Third MO&O, 14 FCC Rcd 10922 at 10930-10931 � 18. In neither its initial application nor its reconsideration request does Valley Industrial justify a waiver of this limitation, now codified in Section 90.187(e), 47 C.F.R. � 90.187(e). Under Section 1.925(b)(3) of the Commission's Rules, we may grant a request for waiver (a) when the underlying purpose of the rule would not be served by application to the instant case and a waiver is in the public interest; or (b) when in view of the unique or unusual circumstances of the case, application of the rule would be inequitable, unduly burdensome
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      • of a new emission mask for the 24 GHz band. As a result, we deny Hughes's request for a ruling that Teligent's waiver of the emission mask requirement extends to the certification of Hughes equipment manufactured to specifications other than those in the Part 101 rules. The Commission's Rules allow for waiver of specific rule requirements upon certain showings. Section 1.925 of the Commission's Rules requires a petitioner to demonstrate either that (a) the underlying purpose of the rule will not be served, or would be frustrated by application to the instant case, and a grant of the waiver is otherwise in the public interest; or (b) in view of unique or unusual factual circumstances of the instant case, application of
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      • path. This path would be used to incorporate an early warning feature to minimize the lag time between a vehicle's theft and the time that the theft is discovered and reported to the police. The uplink transmission would also be used to acknowledge base station instruction messages, which would reduce the number of base station transmissions. III. DISCUSSION 4. Section 1.925 of the Commission's Rules requires a party seeking waiver of specific rule requirements to demonstrate either that (a) the underlying purpose of the rule will not be served or would be frustrated by application to the instant case, and that a grant of the waiver is in the public interest; or (b) in view of the unique or unusual factual
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      • the Secretary within the thirty-day period, and no request for waiver of the requisite filing location was submitted, we conclude that the Petition should be dismissed. Therefore, we dismiss Gutter's petition for reconsideration. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Petition for Reconsideration filed by Lawrence Gutter on December 6, 1999 IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications
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      • the Secretary within the thirty-day period, and no request for waiver of the requisite filing location was submitted, we conclude that the Petition should be dismissed. Therefore, we dismiss Jamison's petition for reconsideration. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Petition for Reconsideration filed by Richard E. Jamison, on November 12, 1999 IS DISMISSED. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 97.21(b) of the Commission's Rules, 47 C.F.R. �, 97.21(b), the application for Amateur
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      • its failure to state any unique or unusual factual circumstances, that we conclude that PVT has not demonstrated the lack of a reasonable alternative to justify its waiver. Thus, we deny PVT's requests for waiver. Ordering Clauses ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Sections 1.925, 1.2110 and 101.1209 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.2110 and 101.1209, PVT Networks, Inc.'s requests for waiver filed on March 13, 2000, and May 23, 2000, respectively, ARE DENIED. IT IS FURTHER ORDERED that application FCC File No. 0000137330 filed by PVT Networks, Inc. on March 13 2000, SHALL BE PROCESSED by the Public Safety and Private
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      • 0.331 of the Commission's rules, 47 C.F.R. � 0.331, that the Petition to Dismiss or Deny of Thumb Cellular Limited Partnership and the Conditional Objection to Minor Amendment of Thumb Cellular Limited Partnership ARE DENIED. IT IS FURTHER ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.925, the Petition for Waiver of CMRS Spectrum Cap Rule, codified in section 20.6 of the Commission's rules, filed on May 4, 2000, by SBC Communications Inc. and BellSouth Corporation, IS GRANTED until January 27, 2001, with respect to the cellular-PCS overlap in the Los Angeles-San Diego MTA. IT IS FURTHER
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      • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of STATE OF OHIO Applications for 800 MHz General Category Channels and Request for Waiver Pursuant to Section 337(c) of the Communications Act of 1934 and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) ) FCC File Nos. A051346, A051773, A051775, A051776, A052254, A052257, A053871, A054250, A054249, A054251, A051347 and A056224. ORDER Adopted: October 23, 2000 Released: October 25, 2000 By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: On October 13, 2000, the State of
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      • of the financial obligations described above will result in automatic cancellation of the Commission's approval hereunder and in dismissal of the relevant assignment or transfer of control applications. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i) and (j), 309, and 310(d), and sections 0.331, 1.925(a), and 1.2111(a) of the Commission's rules, 47 C.F.R. �� 0.331, 1.925(a), 1.2111(a), that the underlying purposes of the disclosure requirements of section 1.2111(a) of the Commission's rules would not be served by application of the rule to the instant applications, and therefore, section 1.2111(a), IS WAIVED. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00036.doc
      • cancelled on December 5, 1995. Application for Review at 2-8. 47 C.F.R. � 90.175; 47 C.F.R. � 90.495 (1996). See PLMRS Report and Order, 6 FCC Rcd. at 7301-7302, � 25 ("Under no circumstances will we accept an application for a particular frequency until that frequency has actually been deleted from our database . . . ."). 47 C.F.R. � 1.925(b)(3); see also WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). The waiver standard for Private Land Mobile Services was formerly codified at Section 90.151(a) of the rules, 47 C.F.R. � 90.151(a) (1995). See Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 90, 95, 97, and 101 of the Commission's
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00085.doc
      • U.S.C. �� 154(i) and 405, and section 1.115 of the Commission's rules, 47 C.F.R. � 1.115, the Application for Review filed by Gerald Crozier on May 20, 1996, IS DISMISSED. IT IS FURTHER ORDERED that pursuant to our authority under sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the requests by Arundel Trunked Partnership, James W. Byrnes III, Judith K. Warden, Robert J. Zamito, Norma Beckett, PCK Systems, Paul W. Rutter, Bruce L. Jones, Michael J. Sample, James R. Jensen, Jr., and ROKK Associates for a waiver of section 90.753(c) of the Commission's rules, 47 C.F.R. � 90.753(c), submitted on
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00192.doc
      • any waiver should be conditioned on PageNet using its 900 MHz SMR spectrum to offer new information or messaging services. ICE opposed the waiver request, arguing that PageNet has not met the standard necessary to justify waiver and that grant of the waiver would be inconsistent with the underlying policies of Section 90.665. III. DISCUSSION Waiver Request Pursuant to Section 1.925 of our rules, a party requesting a waiver of a Commission rule must affirmatively show that (1) the underlying purpose of the rule will not be served, or would be frustrated, by its application in a particular case, and that grant of the waiver is otherwise in the public interest; or (2) the unique facts and circumstances of a particular
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00209.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00209.txt
      • costs, while precluding a level of recovery that would exceed or approximate the value of the license. For license areas where the gross bid is greater than $1 million and equal to or less than $2 million, we impose a cap of $500,000, which in effect produces a sliding percentage cap from 50 percent to 25 percent. Pursuant to Section 1.925 of our rules, we will entertain waiver requests for a higher credit where an applicant demonstrates that its infrastructure costs exceed the available credit under the formula. Such waiver requests, however, will be subject to the percentage cap on credits described above, and we will not grant waivers in excess of the applicable cap. Applicants seeking such relief must also
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00235.doc
      • Reg. 10,514, 10,514 (1964). See Reallocation of Television Channels 60-69, the 746-806 MHz Band, ET Docket No. 97-157, Report and Order, 12 FCC Rcd 22,953 (1998). See 47 C.F.R. � 90.25(a) (1997). 47 C.F.R. � 90.20(a)(2)(ii). School districts and authorities are eligible for authorizations in the Industrial/Business Radio Pool as entities operating educational institutions. 47 C.F.R. � 90.35(a)(2). 47 C.F.R. �1.925(b)(3). See Letter from Larry A. Miller, Frequency Coordination Manager, AASHTO to D'wana R. Terry, Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, FCC, dated September 15, 1999 (AASHTO Letter). The frequencies at issue, which total thirty, are set forth in the table at 47 C.F.R. � 90.20(c) with a note that they are subject to limitation 43. AASHTO
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99415.doc
      • lift the application freeze in the 928/952/956 MHz MAS bands listed in Appendix F of this Report and Order, filed between July 1, 1999 and the release date of this Report and Order, are DISMISSED AS MOOT. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that any WAIVER REQUESTS listed in Appendix F of this Report and Order, filed in conjunction with applications for the 928/952/956 MHz MAS bands between July 1, 1999 and the release date of this Report and Order, are DISMISSED AS MOOT and any associated applications ARE DISMISSED without prejudice. IT IS FURTHER
    • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992710.doc
      • and has determined that none of the licensees has demonstrated good cause to grant the relief requested. For further information, contact Linda C. Ray or David Judelsohn, Wireless Telecommunications Bureau, Commercial Wireless Division, Policy and Rules Branch at (202) 418-7240. Action by the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau. - FCC - 47 C.F.R. � 1.925. See WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv
    • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000145.doc
      • requirements under Section 24.709 of the Commission's rules to allow it to participate in the PCS C and F block auction scheduled to begin on July 26, 2000. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. SBC requests a waiver under Section 1.925 of the Commission's rules to allow companies other than such entities to participate in the upcoming C and F block auction. SBC argues that granting its waiver request and allowing it to participate in the upcoming C and F block auction would serve the public interest by speeding the delivery of wireless services to the public and enhancing competition in
    • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000191.doc
      • COMMUNICATIONS, INC.'S PETITION REGARDING PCS C AND F BLOCK SPECTRUM EXTENSION OF FILING DEADLINE FOR COMMENTS TO SBC COMMUNICATIONS INC.'S REQUEST FOR WAIVER Comment Date: February 14, 2000 Reply Date: February 22, 2000 Nextel Communications, Inc. (``Nextel'') has filed a petition requesting expedited rulemaking under Section 1.401, or in the alternative, waiver of the Commission's rules under Sections 1.3 and 1.925. Nextel seeks modification or waiver of the Commission's eligibility and bidding rules with respect to PCS C and F block spectrum. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. Nextel requests that the Commission allow companies other than such entities to participate
    • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001587.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001587.txt
      • entire license area of Station KNKV207 and that SkyTel will satisfy the 10-year buildout requirements for the entire license area of Station KNKV208. No comments or petitions to deny were received in response to the public notice announcing that the applications had been accepted for filing. See Public Notice, WTB Rpt. No. 341 (rel. Oct. 13, 1999). Pursuant to Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3), the Policy and Rules Branch (Branch) of the Commercial Wireless Division grants MobileMedia and SkyTel temporary waivers of the Commission's policy proscribing disaggregation of narrowband PCS spectrum because new rule Section 24.104, which becomes effective on August 7, 2000, will allow disaggregation of narrowband PCS spectrum. Each waiver shall automatically expire on
    • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001748.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001748.txt
      • satisfactory coverage difficult and costly. TeleCorp also submits that a waiver of the five year construction requirements would encourage service to rural areas. We seek comment on whether granting TeleCorp's waiver request would further the public interest. Commenters should address the sufficiency of the showing made in support of the waiver in light of the requirements of 47 C.F.R. � 1.925 and any other public interest considerations. Interested parties may file comments on or before September 4, 2000. Parties interested in submitting reply comments must do so on or before September 19, 2000. All comments should reference TeleCorp's request for waiver and include the DA number of this Public Notice DA 00-1748. Comments should be filed with the Office of the
    • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001749.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001749.txt
      • it covers 31.2 percent of its market and, given the low population density, it should be deemed to have met the threshold. We seek comment on whether granting WV PCS's waiver request would further the public interest. Commenters should address the sufficiency of the showing made in support of the waiver in light of the requirements of 47 C.F.R. � 1.925 and any other public interest considerations. Interested parties may file comments on or before September 4, 2000. Parties interested in submitting reply comments must do so on or before September 19, 2000. All comments should reference WV PCS's request for waiver and include the DA number of this Public Notice DA 00-1749. Comments should be filed with the Office of
    • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001750.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001750.txt
      • total partitioned area. In addition, TeleCorp also submits that a waiver of the five year construction requirements would encourage service to rural areas. We seek comment on whether granting TeleCorp's waiver request would further the public interest. Commenters should address the sufficiency of the showing made in support of the waiver in light of the requirements of 47 C.F.R. � 1.925 and any other public interest considerations. Interested parties may file comments on or before September 4, 2000. Parties interested in submitting reply comments must do so on or before September 19, 2000. All comments should reference TeleCorp's request for waiver and include the DA number of this Public Notice DA 00-1750. Comments should be filed with the Office of the
    • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001953.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001953.txt
      • Distribution Service (LMDS) licenses in South Dakota and Iowa, jointly filed a ``Request for Clarification of De Facto Control Policy and Request for Authority to Operate Broadband PCS and LMDS Facilities Pursuant to Spectrum Lease Arrangement'' (Clarification Request). They propose to enter into a spectrum lease and joint operating arrangement. The Rural Carriers filed their Clarification Request pursuant to Section 1.925 of the Commission's rules. In the alternative, they request a waiver of Commission rules. The Rural Carriers have also submitted a suggested spectrum use agreement. As indicated above, the Rural Carriers propose to enter into a spectrum lease and joint operating arrangement. Each of the Rural Carriers would be a member of a joint operating arrangement of a proposed limited
    • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
      • in which case the applicant must indicate in Exhibit G that it has filed a confidentiality request. Because the required information bears on applicants' qualifications, the FCC envisions that confidentiality requests will not be routinely granted. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Attachment E AUCTION-SPECIFIC INSTRUCTIONS FOR FCC REMITTANCE ADVICE (FCC FORM 159-July 1997 edition) Upfront Payments The following information supplements the standard instructions for FCC Form 159, and is provided to help ensure correct completion of FCC Form 159 for upfront payments for Auction No. 35. Applicants need to complete FCC Form 159 carefully, since: Mistakes may affect their bidding eligibility;
    • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010121.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010121.txt
      • COMMUNICATIONS COMMISSION News media information 202/418-0500 445 12th St. SW Fax-On-Demand 202/418-2830 WASHINGTON, D.C. 20554 Internet: http://www.fcc.gov ftp.fcc.gov DA 01-121 Released: January 18, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON FCI 900, INC.'S EXPEDITED REQUEST FOR 3-YEAR EXTENSION OF 900 MHZ BAND CONSTRUCTION REQUIREMENTS Comment Date: February 1, 2001 Reply Comment Date: February 8, 2001 Pursuant to Sections 1.3 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.3 and 1.925, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the Request for Expedited Waiver filed by FCI 900, Inc., a wholly-owned subsidiary of Nextel Communications, Inc. (collectively, Nextel). Nextel requests waiver of Section 90.665(c) of the Commission's Rules, 47 C.F.R. � 90.665(c), to extend the 5-year construction period for 900
    • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010122.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010122.txt
      • 202/418-0500 445 12th St. SW Fax-On-Demand 202/418-2830 WASHINGTON, D.C. 20554 Internet: http://www.fcc.gov ftp.fcc.gov DA 01-122 Released: January 18, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON NEOWORLD LICENSE HOLDINGS, INC.'S REQUEST FOR WAIVER OF 900 MHZ BAND CONSTRUCTION REQUIREMENTS AND PETITION FOR DECLARATORY RULING Comment Date: February 1, 2001 Reply Comment Date: February 8, 2001 Pursuant to Sections 1.2, 1.3 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.2, 1.3 and 1.925, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the Request for Waiver and Petition for Declaratory Ruling filed by Neoworld License Holdings, Inc. (Neoworld), an indirect wholly-owned subsidiary of Neoworld License Holdings, LLC, on January 10, 2001. Neoworld requests waiver of Section 90.665(c) of the Commission's Rules, 47
    • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da012660.html
      • the nation. CMRS providers that choose to offer PAS, in accordance with the Commission's Rules, adhere to uniform operating protocols concerning the number of priority levels and the priority level for particular NSEP users. Under Section 64.402, PAS allows authorized NSEP users in emergencies to gain access to the next available wireless channel without preempting calls already in progress. Section 1.925 of the Commission's Rules, 47 C.F.R. 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in view
    • http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020107.html
      • Wilhelm at (202) 418-0680, email: mwilhelm@fcc.gov [13]DA-02-16A1.doc [14]DA-02-16A1.pdf [15]DA-02-16A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- KENTUCKY POWER COMPANY D/B/A AMERICAN ELECTRIC POWER. Granted the waiver request. (Dkt No. 94-148). Action by: Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. Adopted: 01/03/2002 by ORDER. (DA No. 02-8). WTB [16]DA-02-8A1.doc [17]DA-02-8A1.pdf [18]DA-02-8A1.txt STATE OF OHIO. Granted Ohio's waiver requests pursuant to Section 1.925 of the Commission's Rules. (Dkt No. 93-144, 93-252, 93-253, 99-87). Action by: Public Safety Public Wireless Division, Wireless Telecommunications Bureau. Adopted: 12/31/2001 by MO&O. (DA No. 01-3035). WTB [19]DA-01-3035A1.doc [20]DA-01-3035A1.pdf [21]DA-01-3035A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED JANUARY 4, 2002, DID NOT APPEAR IN DIGEST NO. 3: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- QWEST COMMUNICATIONS CEO JOSEPH NACCHIO ASSUMES CHAIR OF
    • http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd091009.html
      • for Review, filed February 13, 2007. Action by: the Commission. Adopted: 10/07/2009 by MO&O. (FCC No. 09-90). OMD [59]FCC-09-90A1.doc [60]FCC-09-90A1.pdf [61]FCC-09-90A1.txt COUNTY OF SILVERBOW, MONTANA REQUEST FOR WAIVER PURSUANT TO SECTION 337(C) OF THE COMMUNICATIONS ACT OF 1934, AS AMENDED. Denied Silverbow's requests for relief under Section 337(c) but grant the majority of Silverbow's alternative requests in part under Section 1.925, subject to certain conditions. Action by: Chief, Policy Division, Public Safety and Homeland Security Bureau. Adopted: 10/09/2009 by ORDER. (DA No. 09-2203). PSHSB [62]DA-09-2203A1.doc [63]DA-09-2203A1.pdf [64]DA-09-2203A1.txt HIGH-COST UNIVERSAL SERVICE SUPPORT/COALITION FOR EQUITY IN SWITCHING SUPPORT PETITION FOR CLARIFICATION. Denied the Coalition for Equity in Switching Support's Petition. Modified the LSS rules to permit incumbent LEC ETCs that lose lines to
    • http://www.fcc.gov/DiversityFAC/041004/T-MobilePetitionComments.pdf
      • Consent to the Assignment of License Pursuant to Section 310(d) of the Communications Act from NextWave Personal Communications, Inc., Debtor-in- Possession, and NextWave Power Partners, Inc., Debtor-in-Possession, to Pacific Telesis Mobile Services, LLC, subsidiary of Cingular Wireless LLC, File No. 0001462360, Exhibit 1 (filed Sept. 26, 2003). 41 The Commission regularly relies on this waiver authority under Sections 1.3 and 1.925 of its rules to waive regulations that it considers not to be in the public interest when applied in certain circumstances. In fact, as recently as May of this year, the D.C. Circuit has confirmed the FCC's authority to waive its rules, provided the Commission sufficiently justifies its decision. AT&T Wireless Services, Inc. v. Federal Communications Commission, 365 F.3d 1095
    • http://www.fcc.gov/eb/Orders/2005/DA-05-2493A1.html
      • See Review of the Emergency Alert System, Notice of Proposed Rulemaking, 19 FCC Rcd 15775 (2004). 10 Id. at 15792. 11 While the majority of the subject cable systems have requested extensions to their existing temporary waivers of section 11.11(a) of the rules, others have requested waiver extensions on behalf of recently acquired non-compliant cable television systems. 12 47 C.F.R. 1.925. See also WAIT Radio v. F.C.C., 418 F.2d 1153, 1157 (D.C. Cir. 1969), Northeast Cellular Telephone Co., L.P. v. F.C.C, 897 F.2d 1164, 1166 (D.C. Cir. 1990). 13 Similarly, we address only the issue of extending the compliance date for waivers previously granted by the Enforcement Bureau under delegated authority. We do not address the issues raised in the ACA
    • http://www.fcc.gov/eb/Orders/2007/DA-07-4745A1.html
      • Cingular Waiver Order. In this letter, XIT indicated that the two digital wireless handsets it sells meet the hearing aid compatibility requirements for 1900 MHz operation and are properly labeled. 7. In rejecting XIT's amended petition for waiver, the Commission held that that XIT had failed to demonstrate unique or unusual circumstances warranting the grant of a waiver under Section 1.925(b)(3) of the Rules. The Commission determined that but for XIT's mistake regarding the U rating of the Nokia 6101, XIT could have met the hearing aid compatibility requirements by March 16, 2006, within the six month waiver period it requested initially. In light of XIT's failure to exercise "due diligence" in determining the correct rating of the handsets it offered,
    • http://www.fcc.gov/eb/Orders/2008/DA-08-1291A1.html
      • FCC Rcd 3352 (2008) ("February 2008 Inductive Coupling Compatibility Waiver Order"). Id. at 3363-64. See also Farmers Cellular September 18, 2006 Report at 3. See Farmers Cellular June 12, 2007 Report at 2, 5. See Farmers Cellular March 27, 2007 Report at 1. February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3364. See also 47 C.F.R. S: 1.925(b)(3). February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3365. Id. Id. at 3357. Id. at 3365. Id., citing 47 U.S.C. S: 610(a) (directing Commission to "ensure reasonable access to telephone service by persons with impaired hearing"). On March 27, 2008, Farmers Cellular filed a petition for reconsideration of the February 2008 Inductive Coupling Compatibility Waiver Order. On
    • http://www.fcc.gov/eb/Orders/2008/DA-08-1423A1.html
      • with six other petitions for reconsideration, on public notice and established a pleading cycle for comments and reply comments. See Wireless Telecommunications Bureau Seeks Comment on Petitions for Reconsideration Filed in Hearing Aid Compatibility Docket, Public Notice, DA 08-1087 (rel. May 7, 2008). February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3364. See also 47 C.F.R. S: 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3365. See id. at 3365. Id. at 3357. Id., citing 47 U.S.C. S: 610(a) (directing Commission to "ensure reasonable access to telephone service by persons with impaired hearing"). Blanca June 21, 2007 Report at 2. Section 312(f)(1) of the Act defines "willful" as "the conscious and deliberate commission
    • http://www.fcc.gov/eb/Orders/2008/DA-08-1424A1.html
      • hearing aid compatibility requirements for wireless digital telephones. The Commission found that Centennial did not meet the requirements to justify a waiver under the rules. Specifically, the Commission stated that Centennial, unlike other Tier II carriers, failed to demonstrate unique or unusual circumstances, or the existence of any other factor, warranting grant of the requested waiver pursuant to the Section 1.925(b)(3) standard. Further, the Commission noted that Centennial cited factors, such as lack of availability and amount of time required to test handsets, that affected all carriers and do not form an adequate basis on which to afford Centennial special relief. Finally, the Commission found that Centennial did not demonstrate diligence in its efforts to comply with the hearing aid compatibility
    • http://www.fcc.gov/eb/Orders/2008/DA-08-535A1.html
      • of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Petitions for Waiver of Section 20.19 of the Commission's Rules, Memorandum Opinion and Order, FCC 08-67 (released February 27, 2008) ("February 2008 Inductive Coupling Compatibility Waiver Order"). CTC September 18, 2006 Report at 2. CTC June 7, 2007 Report at 2. CTC April 2, 2007 Report at 2. See 47 C.F.R. S: 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, FCC 08-67 at P: 22. See id. at P:P: 11-17. Id. at P: 8. Id. at P: 22. See 47 U.S.C. S: 610(a) (directing Commission to "ensure reasonable access to telephone service by persons with impaired hearing"). CTC stated that it began offering Motorola Models V323i and RAZR V3m on March 13,
    • http://www.fcc.gov/eb/Orders/2008/DA-08-603A1.html
      • WT Docket No. 01-309, May 31, 2007 at 2 ("South Slope May 31, 2007 Supplement to Petition for Waiver"). Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Petitions for Waiver of Section 20.19 of the Commission's Rules, Memorandum Opinion and Order, FCC 08-67 (released February 27, 2008) ("February 2008 Inductive Coupling Compatibility Waiver Order"). See 47 C.F.R. S: 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, FCC 08-67 at P: 22. See id. at P:P: 11-17. Id. at P: 8. Id. at P: 22. See South Slope May 31, 2007 Supplement to Petition for Waiver at 2. Section 312(f)(1) of the Act defines "willful" as "the conscious and deliberate commission or omission of [any] act, irrespective of any
    • http://www.fcc.gov/eb/Orders/2008/DA-08-610A1.html
      • carrier, to obtain compliant handsets from its vendors. 6. The Commission found that i wireless did not meet the requirements to justify a waiver under the rules. Specifically, the Commission stated that i wireless failed to demonstrate the diligence, unique or unusual circumstances, or any other factor that would warrant a grant of the requested waiver pursuant to the Section 1.925(b)(3) standard. The Commission recognized that i wireless, as a group of Tier III carriers with potentially limited inductive coupling-compatible GSM handsets available to it in September 2006, may well have been unable reasonably to come into compliance by the September 18, 2006 deadline, or shortly thereafter. Nonetheless, the Commission stated that i wireless had failed to demonstrate its need for
    • http://www.fcc.gov/fcc-bin/audio/DA-03-3843A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-3843A1.pdf
      • the California Attorney General's Office has determined that LAX is the location in California most susceptible to a terrorist attack. On May 22, 2003, LAWA further supplemented its waiver request with a letter of support of LAWA's modification application by the Transportation Security Administration. On February 19, 2004, LAWA provided further justification for its waiver request. Discussion. Pursuant to Section 1.925 of the Commission's Rules, we may grant a request for waiver if it is shown that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
    • http://www.fcc.gov/fcc-bin/audio/DA-07-608A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-608A1.pdf
      • (in connection with a merger, stations assigned to an ``insulated divestiture trust,'' as Clear Channel had not yet secured third-party buyers acceptable to the U.S. Department of Justice; non-attribution of broadcast stations allowed because the licenses were held by the trustee and operation was properly insulated from the grantors and beneficiaries). 47 C.F.R. � 73.3555(a)(1). Id. � 1.2105(b)(2). Id. � 1.925. Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, Report and Order, 14 FCC Rcd 12559, 12560 (1999). See KMAJ Trust Agreement and KCHZ Trust Agreement (``Trust Agreements''), �� 2(a), (b), 5(e). Id. �� 5(a)(ii)-(v). Id. � 5(a)(i). See supra note 4. See ``Auction of FM Broadcast Construction Permits Scheduled for March 7, 2007: Notice and Filing
    • http://www.fcc.gov/fcc-bin/audio/DA-08-1581A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1581A1.pdf
      • approval of local authorities to construct stations, it decided that ``it was far more likely to be successful in obtaining zoning approval if it only requested approval of one, rather than two, tower locations.'' According to Nassau, it would be inequitable to penalize it for withdrawing a bid based on such considerations, ``which are clearly beyond Nassau's control.'' Citing Section 1.925 of the Commission's rules, Nassau claims that it meets the Commission's standard for a waiver of Section 1.2104(g)(1). More specifically, Nassau asserts that the imposition of a bid withdrawal payment in its case does not serve the underlying purpose of the rule, which is to deter insincere bidding. Nassau argues that it has demonstrated that it was a sincere bidder
    • http://www.fcc.gov/fcc-bin/audio/DA-09-1578A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1578A1.pdf
      • Opening Bids, Upfront Payments and Other Procedures for Auction 79,'' Public Notice, DA 09-810, 24 FCC Rcd 4448 � 64 (2009) (``Auction 79 Procedures Public Notice''). See Auction 79 Procedures Public Notice at � 94. 47 C.F.R. � 1.2106(a); see also Part 1 Fifth Report and Order, 15 FCC Rcd at 15316-17 �� 40-42. See 47 C.F.R. �� 1.3 and 1.925. Part 1 Fifth Report and Order, 15 FCC Rcd at 15317. Id., 15 FCC Rcd at 15316-17. Id. at 15316. The Commission has determined that a policy of strict adherence to payment deadlines is necessary to serve the public interests of integrity, fairness and efficiency of the auction process. See Delta Radio, Inc. v. FCC, 387 F.3d 897, 901, 903
    • http://www.fcc.gov/fcc-bin/audio/DA-10-1270A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1270A1.pdf
      • Morgan sent a wire transfer to the Commission's bank at 8:55 a.m. on the following day ``to remedy this error'' and, after that payment was returned, resent the wire transfer late that afternoon, which was returned by the Commission's bank on June 22, 2010. Four Corners notes that the Commission may grant a waiver of its rules pursuant to section 1.925 if (i) it is shown that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual factual circumstances of the instant case, application of the rules would
    • http://www.fcc.gov/fcc-bin/audio/FCC-03-201A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-201A1.pdf
      • refer it to the Commission en banc. In any event, this argument is moot in light of our affirmation of the Bureau's decision in this Memorandum Opinion and Order. 7. Applicable waiver standard: We further reject Delta's assertion that the Bureau applied the incorrect standard in evaluating Delta's waiver request. Delta argues the correct standard is that found in Section 1.925(b)(3) of our Rules. However, that rule appears in Subpart F of Part 1 of the Rules - Wireless Telecommunications Services Applications and Proceedings - and thus is limited to wireless proceedings. Further, the material provisions of the standard applied by the Bureau are virtually identical to those found in Section 1.925(b)(3). In this case, as detailed below, the Bureau correctly
    • http://www.fcc.gov/ogc/documents/opinions/1999/mountain.html
      • F.C.C.R. 1549, p 6 (quoting Implementation of Section 309(j) of the Communications Act--Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 F.C.C.R. 2348, 2382 (1994)); Roberts-Roberts, 12 F.C.C.R. 1825, p 6 (same). ^(7) See, e.g., Longstreet Communications, 12 F.C.C.R. 1549, p 7; Roberts-Roberts, 12 F.C.C.R. 1825, p 7. ^(8) Section 24.819 since has been replaced by 47 C.F.R. 1.925 (1999). ^(9) Carolina petitioned for a waiver rather than making a late payment due to "investor uncertainty about the terms under which a payment might be accepted." Id. p 15. ^(10) See In the Matter of Amendment of the Comm'n's Rules Regarding Installment Payment Fin. For Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed
    • http://www.fcc.gov/ogc/documents/opinions/2000/99-1316.doc http://www.fcc.gov/ogc/documents/opinions/2000/99-1316.html
      • by application to the instant case and that a grant of the requested waiver would be in the public interest; or (ii) In view of the unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. 47 C.F.R. � 1.925(b)(3). Omnipoint assumes a "heavy" burden because "an agency's refusal to grant a waiver will not be overturned unless the agency's reasons are so insubstantial as to render that denial an abuse of discretion." Mountain Solutions, Ltd., Inc. v. FCC, 197 F.3d 512, 517 (D.C. Cir. 1999) (quotations omitted). Furthermore, "the agency's strict construction of a general rule in the face