FCC Web Documents citing 90.149

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-334A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-334A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-334A1.txt
  • frequency coordinator designation for frequencies 220.8025, 220.8075, 220.8125, 220.8175, 220.8225, 220.8275, 220.8325, 220.8375, 220.8425, 220.8475, 221.8025, 221.8075, 221.8125, 221.8175, 221.8225, 221.8275, 221.8325, 221.8375, 221.8425, 221.8475. Section 90.20(d). Eliminate redundancy by consolidating limitations 10 and 38 and update frequency table(s) accordingly. Section 90.35(b)(3). Eliminate redundancy by deleting one of the two entries for frequency 35.48. Section 90.35(c). Remove limitation 45. Section 90.149. Add ``Except as provided in subpart R of this part,'' to the beginning of Section 90.149(a) and eliminate 90.149(d). Section 90.743(a). Replace the cross-reference to Section 90.149 with Section 1.949. Section 90.743(c). Update the license term for Phase I non-nationwide licensees from five years to ten years. Procedural Matters Comment Filing Procedures Comments and reply comments. Pursuant to applicable procedures
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1167A1.txt
  • 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. On September 14, 1999, Browning Ferris Industries, Inc. (BFI) resubmitted the above-captioned application, which the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch) had returned to BFI on June 30, 1999. The Branch also denied BFI's request for a waiver of Section 90.149(a) of the Commission's Rules, to permit reinstatement of a prior authorization more than thirty days after the license expired. BFI now seeks reconsideration of that decision. For the reasons discussed below, we affirm the Branch's action and deny BFI's request. Background. On July 9, 1996, BFI and Piombo Construction (Piombo) applied for consent to assign the license for Station KRJ257,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1336A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1336A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1336A1.txt
  • Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On February 2, 1999, the Licensing and Technical Analysis Branch (Branch) of the Public Safety and Private Wireless Division, Wireless Telecommunications Bureau (Bureau), denied the reinstatement petition of the Fresno City and County Housing Authorities (Fresno). Fresno requests reconsideration of the Branch denial, and waiver of Section 90.149 of the Commission's Rules to effect reinstatement of Fresno's license for Public Safety/Special Emergency Radio Service - Conventional Station WXC764. For reasons stated below, we deny Fresno's Petition for Reconsideration and Waiver. II. BACKGROUND 2. Fresno manages and maintains public housing in various locations throughout the Fresno metropolitan area. Using federal funding, Fresno maintains clean, habitable housing for those who
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-365A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-365A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-365A1.txt
  • this Memorandum Opinion and Order resolves the Petition, we dismiss the Motion as moot. See Letter from Mary M. Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, to Pamela Gaary, Richard Rubin and Robert E. Stup, Jr., Ref. No. PS&PWD-LTAB-603 (Dec. 11, 1998) (Branch Letter). Petition at 3. See 47 C.F.R. � 90.149(b) (1996). Branch Letter at 1. Pursuant to an internal reorganization in 1997, the pertinent duties of the former Licensing Division relating to private wireless applications are now administered by the Public Safety and Private Wireless Division. Petition at 4. Id. at 5. Id. at 6. Most applications for new PLMR assignments, including the 900 MHz Business Category channels involved in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-54A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-54A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-54A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Andrea Hall and David Fitts ) (Call Sign WPCA882) ) ) Request for Waiver of Section 90.149(a) ) of the Commission's Rules ) ORDER Adopted: January 12, 2000 Released: January 13, 2000 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: . On March 5, 1999, Andrea Hall and David Fitts (Petitioners) filed a request that the Commission accept, process and grant its late-filed renewal/reinstatement application, pursuant to section 90.151 of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-58A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-58A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-58A1.txt
  • ) ) Hope Hanson ) (Call Sign WPCA847) ) ) Loreen Hansen ) (Call Sign WPBU683) ) ) Charles Mossley ) (Call Sign WPCG760) ) ) Hattie and DS Gilley ) (Call Sign WPCF938) ) ) Lubbock SMR, Inc. ) (Call Signs WPCM568 and WPDC538) ) ) Wayne Lamb ) (Call Sign WPDW351) ) ) Requests for Waiver of Section 90.149(a) ) of the Commission's Rules ) ORDER Adopted: January 13, 2000 Released: January 14, 2000 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: . We have before us requests for waiver of section 90.149(a) of the Commission's rules filed by the above-captioned licensees, all of whom filed untimely requests for reinstatement of their expired
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-59A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-59A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-59A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Ivan Brisbin ) (Call Sign WPCB813) ) ) Request for Waiver of Section 90.149(a) ) of the Commission's Rules ) ORDER ON RECONSIDERATION Adopted: January 13, 2000 Released: January 14, 2000 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: . We have before us a Petition for Reconsideration (Petition), filed by Ivan Brisbin (Brisbin) on September 11, 1998, of the Licensing and Technical Analysis Branch's denial of his
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-61A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-61A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-61A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Elliot Acosta ) (Call Sign WPCM508) ) ) Request for Waiver of Section 90.149(a) ) of the Commission's Rules ) ORDER Adopted: January 13, 2000 Released: January 14, 2000 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: . We have before us a request for waiver of section 90.149(a) of the Commission's rules filed by Elliot Acosta on February 9, 1999 in connection with his untimely request for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1530A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1530A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1530A1.txt
  • basis. The membership is comprised of ambulance; tow truck, excavating service companies, as well as plumbing and electrical businesses. On April 10, 1995, the Commission granted D/FW a license to operate Station WPGW865, Dallas/Fort Worth, Texas. The authorization expired on April 10, 2000. On September 6, 2000, D/FW submitted the above-captioned application and request for waiver of Sections 1.949 and 90.149 of the Commission's Rules seeking renewal of its license to operate Station WPGW865. On January 30, 2001, the Branch denied D/FW's waiver request and dismissed the application because D/FW filed its application nearly five months past the renewal date. The Branch stated that D/FW did not provide sufficient reasoning upon which to justify a waiver of Sections 1.949 and 90.149
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2634A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2634A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2634A1.txt
  • of the Communications Act of 1934, as 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, the petition for reconsideration filed by James A. Kay, Jr. on November 3, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Katherine M. Harris Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau See Commission Rule 90.149(b), 47 C.F.R. � 90.149 (c) (1996), which provided that ``[i]f no application for reinstatement has been filed as specified in this part, the authorization shall be deemed to have been automatically cancelled on the date specified on the authorization.'' Petition at 2. See 5 U.S.C. � 558. Id. at 3. 47 C.F.R. � 1.926(b) (1996). 47 C.F.R. � 90.149(a) (1996).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-942A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-942A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-942A1.txt
  • Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, First Report and Order, Eighth Report and Order, and Second Further Notice of Proposed Rule Making, 11 FCC Rcd 1463, 1526, at � 114 (1995) (``Amendment of Part 90 Order''). See Amendment of Part 90 Order, 11 FCC Rcd at 1526, � 114. See former 47 C.F.R. � 90.149(a) (1992). This rule has since been deleted. See Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order, 13 FCC Rcd 21,027 (1998). (continued....) Federal Communications Commission DA 01-942 Federal Communications Commission DA 01-942 �@��� @& �0� �0� �0� �0� �0� �0� ��� � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1267A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1267A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1267A1.txt
  • Bureau The New York Stock Exchange, Inc., Motion of the New York Stock Exchange, Inc. to Withdraw Petition for Reconsideration (filed Feb. 26, 2003). The New York Stock Exchange, Inc., Petition for Reconsideration (filed Dec. 13, 2002) (Petition). Ref. No. 1625462 (Nov. 13, 2002) (Branch Letter). FCC File No. 0001087362 (filed November 12, 2002) (STA Application). See 47 C.F.R. � 90.149 (1984). Petition at 2; Declaration of Dennis Pallone at 2-3; Declaration of Robert Davy at 2. See Branch Letter. 47 C.F.R. � 1.931. 47 C.F.R. � 1.931(b)(3) provides that STA may be granted in the following circumstances: 1) in emergency situations; 2) to permit the restoration or relocation of existing facilities to continue communication service; 3) to conduct tests to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.txt
  • rules are ``no longer necessary in the public interest as the result of meaningful economic competition between providers of such [telecommunications] service.'' In addition, staff generally determines that the Part 90, subpart N rules remain necessary in the public interest, and recommends that modification or repeal of these rules is not warranted. Staff does not support PCIA's recommendation regarding section 90.149(b). This rule is intended to only allow base stations in the Industrial Business Pool and certain base stations in the Public Safety pool to communicate with base stations, operational fixed stations, or fixed receivers in certain restricted circumstances involving urgent need to contact mobile units. Staff believes sufficient fixed spectrum dedicated to day-to-day operations such as those envisioned by PCIA
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • rules are ``no longer necessary in the public interest as the result of meaningful economic competition between providers of such [telecommunications] service.'' In addition, staff generally determines that the Part 90, subpart N rules remain necessary in the public interest, and recommends that modification or repeal of these rules is not warranted. Staff does not support PCIA's recommendation regarding section 90.149(b). This rule is intended to only allow base stations in the Industrial Business Pool and certain base stations in the Public Safety pool to communicate with base stations, operational fixed stations, or fixed receivers in certain restricted circumstances involving urgent need to contact mobile units. Staff believes sufficient fixed spectrum dedicated to day-to-day operations such as those envisioned by PCIA
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1779A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1779A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1779A1.txt
  • � 470f, and Sections 1.1308 and 1.1312 of the Commission's Rules, 47 C.F.R. �� 1.1308 and 1.1312, that the Division finds grant of the Application will have no significant impact on the environment. 17. 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) and 309(a), and Section 90.149 of the Commission's rules, 47 C.F.R. � 90.149, that the application for Wireless Radio Station Authorization, filed by the County of Albemarle, IS HEREBY GRANTED. 18. IT IS FURTHER ORDERED, pursuant to Sections 1501.4(i) and 1506.6 of the regulations of the Council on Environmental Quality, 40 C.F.R.�� 1501.4(i) and 1506.6, and Section 1.1308 of the Commission's Rules, 47 C.F.R. �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1974A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1974A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1974A1.txt
  • 10c and, if appropriate, 10b. 12 or 13) Complete the appropriate field, either 12 or 13. 38) Subject to application fees - answer yes or no. 39) Subject to regulatory fees - answer yes or no. 51) Enter name of party authorized to sign. 52) Enter title of party and sign application. 53) Enter date signed. See 47 C.F.R. � 90.149. 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, 13 FCC Rcd 21027, 21071 � 96 (1998). See Biennial Regulatory
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3826A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3826A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3826A1.txt
  • 1508.9 and 1508.13, and Sections 1.1308 and 1.1312 of the Commission's Rules, 47 C.F.R. �� 1.1308 and 1.1312, that the Division finds grant of the Application will have no significant impact on the environment. 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) and 309(a), and Section 90.149 of the Commission's rules, 47 C.F.R. � 90.149, that the application for Wireless Radio Station Authorization, filed by T-Mobile, IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 1501.4(i) and 1506.6 of the regulations of the Council on Environmental Quality, 40 C.F.R.�� 1501.4(i) and 1506.6, and Section 1.1308 of the Commission's Rules, 47 C.F.R. � 1.1308, that applicant T-Mobile is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-311A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-311A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-311A1.txt
  • Commercial Wireless Division, including Part 90 conventional Specialized Mobile Radio (SMR) operations, are now under the purview of the Bureau's new Mobility Division. See FCC's Wireless Bureau Announces Reorganization, Public Notice (rel. Nov. 24, 2003). See 47 C.F.R. � 90.615 (listing the 150 General Category channels available for use as 800 MHz SMR General Category channels). Under former rule Section 90.149(b), effective at the time Sobel filed his assignment application, if a licensee failed to file a renewal application, the license was deemed to have automatically cancelled on the date specified on the authorization. 47 C.F.R. � 90.149(b) (1995). See 47 C.F.R. � 1.955(a)(1) (currently effective rule). ULS Automated Letter Information, Reference No. 1691209 (Jan. 12, 2003). Petition at 1-2. 5
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-443A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-443A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-443A1.txt
  • (SMR) operations, are now under the purview of the Bureau's Mobility Division. See FCC's Wireless Bureau Announces Reorganization, Public Notice (rel. Nov. 24, 2003). In the Matter of James A. Kay, Jr. Application for Consent to Assign the License for Conventional SMR Station WNXR890, Newbury Park, California, Order, 16 FCC Rcd 20183 (WTB 2001) (Division Order). Under former rule Section 90.149(b), if a licensee failed to file a renewal application, the license was deemed to have automatically cancelled on the date specified on the authorization. 47 C.F.R. � 90.149(b) (1996). Notice of Application Dismissal, File No. 666672 (dated Sept. 25, 2000). Petition for Reconsideration, filed by James A. Kay, Jr. (Nov. 3, 2000). The Division found that the filing of an
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-674A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-674A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-674A1.txt
  • maintenance licensees; (3) Special industrial licensees; (4) Business licensees; (5) Petroleum, forest products, and manufacturers licensees; (6) Railroad, motor carrier, and automobile emergency licensees; and (7) Taxicab licensees. 47 C.F.R. � 90.311. 47 C.F.R. � 90.311. Id. 47 C.F.R. � 90.307. 47 C.F.R. � 90.313(a). 47 C.F.R. � 90.313(c). See 47 C.F.R. Part 90, subpart M ; 47 C.F.R. �� 90.149-157. 47 C.F.R. � 90.353(d). Municipalities or other governmental operatives may file for a non-multilateration license covering an Economic Area. 47 C.F.R. � 90.353(i). Amendment of the Commission's Rules Regarding Dedicated Short-Range Communication Services in the 5.850-5.925 GHz Band (5.9 GHz Band), WT Docket No. 01-90, Memorandum Opinion and Order, 21 FCC Rcd. 8961 (2006) (DSRCS MO&O). 47 C.F.R. Part 90,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-644A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-644A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-644A1.txt
  • renewal applications where licensee filed 33 days late, but had history of compliance with Commission rules, newly devised plan to track FCC authorizations to avoid future occurrences, and denial would have had an adverse impact on public safety by disrupting emergency radio communications). See id; see also Andrea Hall and David Fitts (Call Sign WPCA882); Request for Waiver of Section 90.149(a) of the Commission's Rules, Order, 15 FCC Rcd 710, 710 � 2 (finding grant of waiver was in public interest where ``licensees timely constructed their authorization and [were] currently providing service''). See Monroe County, 16 FCC Rcd at 16449 � 7. See, e.g., Monroe County, 16 FCC Rcd at 16449 � 7, City of Dardanelle Fire Department, Application to Renew
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-235A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-235A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-235A1.txt
  • communications, both for cargo and non-cargo operations, but make those communications related to non-cargo operations secondary to those concerning cargo operations. We also will require licensees engaging in communications regarding non-cargo operations to specify permanent sites of operation to promote effective and efficient frequency coordination and to minimize the likelihood of harmful interference to communications related to cargo operations. � 90.149 License term. Part 90 authorizations generally are granted for a period not to exceed five years; however, certain Part 90 authorizations for commercial mobile radio service (CMRS) providers on the 220-222 MHz, 929-930 MHz paging, 800/900 MHz Industrial/Land Transportation and Business Radio Services, and 800/900 MHz Specialized Mobile Radio Service Pool are for ten years. In the Notice, we proposed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-335A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-335A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-335A1.txt
  • Bureau, to Meredith S. Senter, Jr., Esq., Counsel for Cordell Engineering, DA 99-277, 14 FCC Rcd 5003 (1999) (Cordell Engineering). Letter from Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, to Lloyd W. Coward, Esq., Counsel for TE-MCG Consortium, DA 99-258, 14 FCC Rcd 2173 (1999) (TE-MCG). In the Matter of Ivan Brisbin (Call Sign WPCB813) Request for Waiver of Section 90.149(a) of the Commission's Rules, Order on Reconsideration, DA 00-59, 15 FCC Rcd 724 (2000) (Ivan Brisbin). The D.C. Circuit recently rejected a similar argument presented by SouthEast Telephone, after its licenses automatically canceled when it failed to make the required payment by October 29, 1998. See SouthEast Telephone, supra at note 36. SouthEast, like NextWave, relied on TE-MCG in arguing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-348A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-348A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-348A1.txt
  • in the instances of states that encompass multiple RPCs). Upon receipt and processing of a state's application, we will issue a license directly to the governor of each state, or its designee. The Communications Act imposes no time limit on licenses issued by the Commission, other than those for broadcast services, which are limited to an eight-year license term. Section 90.149 of our Rules provides for ten-year license terms in the Private Land Mobile Radio Services. In the context of 700 MHz band geographic-area licenses, we are concerned that the continued existence of incumbent broadcasters in the state license spectrum may retard a licensee's development and use of the spectrum. Thus, we are modifying the license term for the state license
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-433A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-433A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-433A1.txt
  • Commission did not use build-out as a basis for its decision in the particular circumstances presented here, the absence of this criterion does not preclude the Commission from, where appropriate, considering build-out or service in the context of a particular request for relief. See, e. g. In the Matter of Ivan Brisbin (Call Sign WPCB813), Request for Waiver of Section 90.149(a) of the Commission's Rules, Order on Reconsideration, 15 FCC Rcd 724 (2000)(CWD) (granting waiver of section 90.149(a) of the Commission's rules and allowing reinstatement of an expired SMR license where, although the licensee failed to file a timely renewal application, the licensee timely constructed the license and was providing service); In the Matter of Elliot Acosta (Call Sign WPCM508), Request
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-70A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-70A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-70A1.txt
  • reconsideration (Further Petition) of the July 29, 1996, action. Dickinson argued that Station KGU261 had not failed to operate for a period in excess of one year, since the Loma Prieta-Los Gatos secondary site was operational. Dickinson additionally alleged that it had sought reinstatement of its license within thirty days of cancellation by filing its Extension Request, and that Section 90.149(a) of the Commission's Rules allows an additional thirty days in which to apply for reinstatement of an expired license. 8. On August 13, 1996, the Division denied the Further Petition on the basis that the Loma Prieta-Los Gatos site was a secondary site, which received no co-channel protection and could not be used to satisfy the operational requirements of Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-144A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-144A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-144A1.txt
  • Rcd 5782 (Priv. Radio Bur. 1988) (same); Aeronautical Radio, Inc., Memorandum Opinion and Order, 3 FCC Rcd 6994 (Priv. Radio Bur. 1988) (same). See SouthEast Telephone v. FCC, No. 99-1164, 1999 WL 1215855 (D.C.Cir. Nov. 24, 1999) (stating that an agency need not repeat in a later case an error made in a prior case). See former 47 C.F.R. � 90.149(a) (1992). This rule has since been deleted. See Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order, 13 FCC Rcd 21,027 (1998). (continued....) Federal Communications Commission FCC 01-144 Federal Communications Commission FCC 01-144 � (R) � (R) (R) �@��� � @& �0� �0� �0� �0� �0� �0� ��� �o
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-213A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-213A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-213A1.txt
  • the Commission's rules, 47 C.F.R. � 1.115(g), the Application for Review filed by Peacock's Radio 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-324A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-324A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-324A1.txt
  • * * * * * * * ......do....... * * * * * * * * * * 90. * * * * * * * * * * Not applicable * * * * * (c) * * * * * (90) Subpart M of this part contains rules for assignment of frequencies in the 5850-5925 MHz band. Section 90.149 is amended by adding a new paragraph (b) to read as follows: � 90.149 License term. * * * * * (b) Non-exclusive geographic area licenses for DSRCS Roadside Units (RSUs) in the 5850-5925 MHz band will be issued for a term not to exceed ten years from the date of original issuance or renewal. The registration dates of individual
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-334A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-334A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-334A1.txt
  • frequency coordinator designation for frequencies 220.8025, 220.8075, 220.8125, 220.8175, 220.8225, 220.8275, 220.8325, 220.8375, 220.8425, 220.8475, 221.8025, 221.8075, 221.8125, 221.8175, 221.8225, 221.8275, 221.8325, 221.8375, 221.8425, 221.8475. Section 90.20(d). Eliminate redundancy by consolidating limitations 10 and 38 and update frequency table(s) accordingly. Section 90.35(b)(3). Eliminate redundancy by deleting one of the two entries for frequency 35.48. Section 90.35(c). Remove limitation 45. Section 90.149. Add ``Except as provided in subpart R of this part,'' to the beginning of Section 90.149(a) and eliminate 90.149(d). Section 90.743(a). Replace the cross-reference to Section 90.149 with Section 1.949. Section 90.743(c). Update the license term for Phase I non-nationwide licensees from five years to ten years. Procedural Matters Comment Filing Procedures Comments and reply comments. Pursuant to applicable procedures
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-84A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-84A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-84A1.txt
  • filed by James A. Kay, Jr. (Dec. 14, 2001) (Application). In re Application of James A. Kay, Jr. for Consent to Assign the License For Conventional SMR Station WNXR890, Newbury Park, California, Order, 16 FCC Rcd 20183 (2001) (Division Order). Petition for Reconsideration filed by James A. Kay, Jr., File No. 666672 (Nov. 3, 2000) (Petition). Under former rule section 90.149(b), if a licensee failed to file a renewal application, the license was deemed to have automatically cancelled on the date specified on the authorization. 47 C.F.R. � 90.149(b) (1996). Notice of Application Dismissal, File No. 666672 (dated Sept. 25, 2000) (Dismissal Notice). Petition at 2-3. Petition at 1-2. Petition at 4-6. Division Order, supra note 2. Division Order, 16 FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-131A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-131A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-131A1.txt
  • See FCC's Wireless Bureau Announces Reorganization, Public Notice (rel. Nov. 24, 2003). In the Matter of James A. Kay, Jr. Application for Consent to Assign the License for Conventional SMR Station WNXR890, Newbury Park, California, Memorandum Opinion and Order, 18 FCC Rcd 7585 (2003). Application for Review, filed by James A. Kay, Jr. (Dec. 14, 2001). Under former rule Section 90.149(b), effective at the time Kay filed his assignment application, if a licensee failed to file a renewal application, the license was deemed to have automatically cancelled on the date specified on the authorization. 47 C.F.R. � 90.149(b) (1995). The currently effective rule, Section 1.955(a)(1), is not substantively different from the rule effective at the time Kay filed his assignment application.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1.txt
  • duplicate entry of ``Frequency 35.48 Megahertz'' of the Industrial/Business Pool Frequency Table of Section 90.35(b)(3) and by removing paragraph (c)(45) and adding a new paragraph (c)(45) to read as follows: � 90.35 Industrial/Business Pool. * * * * * (c) * * * (1) * * * * * * * * (45) [Reserved] * * * * * Section 90.149 is amended by removing paragraph (d) and revising paragraph (a) to read as follows: � 90.149 License term. (a) Except as provided in subpart R of this part, licenses for stations authorized under this part will be issued for a term not to exceed ten (10) years from the date of the original issuance or renewal. (b) * * *
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1_Erratum.doc
  • duplicate entry of ``Frequency 35.48 Megahertz'' of the Industrial/Business Pool Frequency Table of Section 90.35(b)(3) and by removing paragraph (c)(45) and adding a new paragraph (c)(45) to read as follows: � 90.35 Industrial/Business Pool. * * * * * (c) * * * (1) * * * * * * * * (45) [Reserved] * * * * * Section 90.149 is amended by removing paragraph (d) and revising paragraph (a) to read as follows: � 90.149 License term. (a) Except as provided in subpart R of this part, licenses for stations authorized under this part will be issued for a term not to exceed ten (10) years from the date of the original issuance or renewal. (b) * * *
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-56A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-56A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-56A1.txt
  • which states ``[t]he station license required under this Act shall not be granted to or held by any foreign government or the representative thereof.'' 47 U.S.C. � 310(a). Id. at 20518-20520 (�� 72-74). See, e.g., Rural Carriers Reply Comments in ET Docket No. 98-237 in response to the 3650 MHz Service Rules NPRM at 4. See, e.g., 47 C.F.R � 90.149. 3650 MHz Service Rules NPRM, 15 FCC Rcd at 20522-20525 (�� 82-88). Id. at 20519-20523 (�� 75-81). See, e.g, 47 C.F.R. � 27.15. See, e.g., Comments in ET Docket No. 98-237 in response to the 3650 MHz Service Rules NPRM, including ATG Comments at 6; Global Comments at 5-6; Rural Carriers Reply Comments at 4. See In the Matter of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-90A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-90A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-90A1.txt
  • Commercial Wireless Division, including Part 90 conventional Specialized Mobile Radio (SMR) operations, are now under the purview of the Bureau's new Mobility Division. See FCC's Wireless Bureau Announces Reorganization, Public Notice (rel. Nov. 24, 2003). See 47 C.F.R. � 90.615 (listing the 150 General Category channels available for use as 800 MHz SMR General Category channels). Under former rule Section 90.149(b), effective at the time Sobel filed his assignment application, if a licensee failed to file a renewal application, the license was deemed to have automatically cancelled on the date specified on the authorization. 47 C.F.R. � 90.149(b) (1995). The currently effective rule, Section 1.955(a)(1), is not substantively different from the rule effective at the time Sobel filed his assignment application.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-83A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-83A1.txt
  • late 2003, the Commission's Wireless Telecommunications Bureau (Bureau) was reorganized. Many of the mobile radio services licensing issues formerly under the Bureau's Commercial Wireless Division, including Part 90 conventional Specialized Mobile Radio (SMR) operations, are now under the purview of the Bureau's Mobility Division. See FCC's Wireless Bureau Announces Reorganization, Public Notice (rel. Nov. 24, 2003). Under former rule section 90.149(b), effective at the time Sobel filed his assignment application, if a licensee failed to file a renewal application, the license was deemed to have automatically cancelled on the date specified on the authorization. 47 C.F.R. � 90.149(b) (1995). The currently effective rule, section 1.955(a)(1), is not substantively different from the rule effective at the time Sobel filed his assignment application.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.txt
  • * * (d) * * * (6) (Reserved) * * * * * (e) * * * (2) (Reserved) * * * * * Section 90.129 is amended by removing reserving paragraph 90.129(f) to read as follows: � 90.129 Supplemental information to be routinely submitted with applications. * * * * * (f) (Reserved) * * * * * Section 90.149 is amended by deleting paragraph 90.149(c). Section 90.175 is amended by removing and reserving paragraph 90.175(j)(4) to read as follows: � 90.175 Frequency coordinator requirements. * * * * * (j) * * * (4) (Reserved) * * * * * Section 90.203 is amended by removing and reserving paragraph 90.203(b)(1) to read as follows: � 90.203 Certification required. *
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • Applications for itinerant frequencies change to allow 90.138 electronic filing of application via ULS). 90.139 Commission processing of applications (move to 1.926 consolidated Part 1 Rule). 90.143 Grants of applications (move to consolidated Part 1 1.945 Rule). 90.145 Special temporary authority (move to consolidated Part 11.931 Rule). 90.147 Mailing address furnished by licensee (move to 1.913 consolidated Part 1 Rule). 90.149(a), (b) License Term (remove references to license 90.149(a) reinstatement). 90.151 Requests for waiver (move to consolidated Part 1 Rule). 1.925 90.153 Transfer or assignment of station authorization (move to 1.948 consolidated Part 1 Rule). 90.155(d) Time in which station must be placed in operation 90.155(d) (remove requirement of returning cancelled license to FCC). 90.157 Discontinuance of station operation (change to
• http://wireless.fcc.gov/auctions/00a/releases/fc990239.pdf http://wireless.fcc.gov/auctions/00a/releases/fc990239.txt http://wireless.fcc.gov/auctions/00a/releases/fc990239.wp
  • that the 110 Commission could not differentiate between auction and non-auction licensees with regard to construction rules. 47 U.S.C. � 309(j)(4)(D); See Competitive Bidding Fourth Report and Order, 9 FCC Rcd at 2337; 111 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2357. 47 C.F.R. � 24.15 (narrowband and broadband Personal Communications Services (PCS)); 47 C.F.R. � 112 90.149 (900 MHz Specialized Mobile Radio (SMR)); 47 C.F.R. � 21.929 (MDS). See Hughes Comments at 4; ISTA Comments at 18; ITV Comments at 6. 113 19 needed financing for system construction and operation. Kingdon R. Hughes (Hughes) also expresses the 107 belief that maintaining a five-year term for lottery winners would discourage construction. We agree that 108 incentives for equipment
• http://wireless.fcc.gov/auctions/02/releases/fc980228.pdf http://wireless.fcc.gov/auctions/02/releases/fc980228.txt http://wireless.fcc.gov/auctions/02/releases/fc980228.wp
  • making government revenues dependent on the success of a regulated service may give rise to conflicts of interest. 47 U.S.C. � 309(j)(4)(D). See Competitive Bidding Fourth Report and Order, 9 FCC Rcd at 2337; Competitive 138 Bidding Second Report and Order, 9 FCC Rcd at 2357. 47 C.F.R. � 24.15 (narrowband and broadband Personal Communications Services (PCS)); 47 C.F.R. � 90.149 139 (900 MHz Specialized Mobile Radio (SMR)); 47 C.F.R. � 21.929 (Multipoint Distribution Service (MDS)). See Section VI.A, supra. For the same reason, we do not seek comment on extending the license term beyond ten 140 years. See IIAP Letter at 2. 47 C.F.R. � 1.2110(f)(3)(ii) (as amended by the Part 1 Third Report and Order, 13 FCC Rcd at
• http://wireless.fcc.gov/auctions/05/releases/fc000433.doc http://wireless.fcc.gov/auctions/05/releases/fc000433.pdf http://wireless.fcc.gov/auctions/05/releases/fc000433.txt
  • Commission did not use build-out as a basis for its decision in the particular circumstances presented here, the absence of this criterion does not preclude the Commission from, where appropriate, considering build-out or service in the context of a particular request for relief. See, e. g. In the Matter of Ivan Brisbin (Call Sign WPCB813), Request for Waiver of Section 90.149(a) of the Commission's Rules, Order on Reconsideration, 15 FCC Rcd 724 (2000)(CWD) (granting waiver of section 90.149(a) of the Commission's rules and allowing reinstatement of an expired SMR license where, although the licensee failed to file a timely renewal application, the licensee timely constructed the license and was providing service); In the Matter of Elliot Acosta (Call Sign WPCM508), Request
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • have a minimum of five nationwide channels. We tentatively conclude, therefore, that a disaggregatee obtaining spectrum from a Phase I nationwide licensee should be required to meet the same construction requirements as the original licensee. The disaggregatee would be required to meet the same two-, four-, six-, and 10-year requirements as the original Federal Communications Commission FCC 97-57 See Section 90.149 of the Commission's Rules, 47 C.F.R. � 90.149. See also CMRS Third Report and 596 Order, 9 FCC Rcd 8157 (para. 386) (modifying 47 C.F.R. � 90.149 (1994)). See para. 54, supra. 597 See para. 133, supra. 598 Section 22.940 of the Commission's Rules, 47 C.F.R. � 22.940. 599 See Section 22.940(a) of the Commission's Rules, 47 C.F.R. � 22.940(a).
• http://wireless.fcc.gov/auctions/18/releases/fc970057.pdf http://wireless.fcc.gov/auctions/18/releases/fc970057.txt http://wireless.fcc.gov/auctions/18/releases/fc970057.wp
  • in its partitioned area. Thus, the first option adopted in the Partitioning Report and Order, under which the partitionee certifies that it will satisfy the same construction requirements as the original license, does not appear to be a viable mechanism in the case of Phase I nationwide licensees in the 220 MHz service. Federal Communications Commission FCC 97-57 See Section 90.149 of the Commission's Rules, 47 C.F.R. � 90.149. See also CMRS Third Report and 596 Order, 9 FCC Rcd 8157 (para. 386) (modifying 47 C.F.R. � 90.149 (1994)). See para. 54, supra. 597 See para. 133, supra. 598 Section 22.940 of the Commission's Rules, 47 C.F.R. � 22.940. 599 See Section 22.940(a) of the Commission's Rules, 47 C.F.R. � 22.940(a).
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • of North American Datum 1983 using the National Geodetic Survey's NADCON program. The coordinates are determined by using the first city mentioned as the center of the urban area. � 90.743 Renewal expectancy. (a) All licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of � 90.149. Licensees must demonstrate, in their application, that: (1) They have provided "substantial" service during their past license term. "Substantial" service is defined in this rule as service that is sound, favorable, and substantially above a level of mediocre service that just might minimally warrant renewal; and (2) They have substantially complied with applicable FCC rules, policies, and the Communications Act
• http://wireless.fcc.gov/auctions/35/releases/fc000335.doc http://wireless.fcc.gov/auctions/35/releases/fc000335.pdf http://wireless.fcc.gov/auctions/35/releases/fc000335.txt
  • Bureau, to Meredith S. Senter, Jr., Esq., Counsel for Cordell Engineering, DA 99-277, 14 FCC Rcd 5003 (1999) (Cordell Engineering). Letter from Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, to Lloyd W. Coward, Esq., Counsel for TE-MCG Consortium, DA 99-258, 14 FCC Rcd 2173 (1999) (TE-MCG). In the Matter of Ivan Brisbin (Call Sign WPCB813) Request for Waiver of Section 90.149(a) of the Commission's Rules, Order on Reconsideration, DA 00-59, 15 FCC Rcd 724 (2000) (Ivan Brisbin). The D.C. Circuit recently rejected a similar argument presented by SouthEast Telephone, after its licenses automatically canceled when it failed to make the required payment by October 29, 1998. See SouthEast Telephone, supra at note 36. SouthEast, like NextWave, relied on TE-MCG in arguing
• http://wireless.fcc.gov/releases/fcc00-348.doc http://wireless.fcc.gov/releases/fcc00-348.pdf
  • in the instances of states that encompass multiple RPCs). Upon receipt and processing of a state's application, we will issue a license directly to the governor of each state, or its designee. The Communications Act imposes no time limit on licenses issued by the Commission, other than those for broadcast services, which are limited to an eight-year license term. Section 90.149 of our Rules provides for ten-year license terms in the Private Land Mobile Radio Services. In the context of 700 MHz band geographic-area licenses, we are concerned that the continued existence of incumbent broadcasters in the state license spectrum may retard a licensee's development and use of the spectrum. Thus, we are modifying the license term for the state license
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2000&m=1&t=Order
  • Microwave Radio Stations WNTN678, Vi... DA-00-2A1: [117]pdf - [118]word - [119]txt DOC-186008A1: - [120]word 01/14/2000 WTB Orders (DA 00-58) IN THE MATTER OF DANIEL WEISENBACH (CALLSIGN WPCE738), HOPE HANSON (CALL WPCA847), LOREEN HANSEN (CALLSIGN WPBU683), CHARLES MOSSLEY (CALLSIGN WPCG760), HATTIE AND DS GILLEY (CALLSIGN WPCF938), LUBBOCK SMR, INC. (CALL SIGNS WPCM568 AND WPDC538), Denied the Requests for Waiver of Section 90.149(a) of the Commission's Rules for Specialized Mobile... DA-00-58A1: [121]pdf - [122]word - [123]txt 01/14/2000 WTB Orders (DA 00-59) IVAN BRISBIN (CALL SIGN WPCB813) Granted Mr. Ivan Brisbin's Request for Waiver of Section 90.149(a) of the Commission's Rules, and Re... DA-00-59A1: [124]pdf - [125]word - [126]txt 01/14/2000 WTB Orders (DA 00-60) ROBERT VENTRESCA (CALL SIGN WPDK454) Denied the Request for Waiver
• 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
  • Applications for itinerant frequencies change to allow 90.138 electronic filing of application via ULS). 90.139 Commission processing of applications (move to 1.926 consolidated Part 1 Rule). 90.143 Grants of applications (move to consolidated Part 1 1.945 Rule). 90.145 Special temporary authority (move to consolidated Part 11.931 Rule). 90.147 Mailing address furnished by licensee (move to 1.913 consolidated Part 1 Rule). 90.149(a), (b) License Term (remove references to license 90.149(a) reinstatement). 90.151 Requests for waiver (move to consolidated Part 1 Rule). 1.925 90.153 Transfer or assignment of station authorization (move to 1.948 consolidated Part 1 Rule). 90.155(d) Time in which station must be placed in operation 90.155(d) (remove requirement of returning cancelled license to FCC). 90.157 Discontinuance of station operation (change to
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992520.doc
  • Petition for Reconsideration (filed October 22, 1998) at 1 (Petition). Notice of Application Dismissal (FCC Form 574E). (September 24, 1998) (Dismissal). Id. at 1. Id. Id. Under the rules then in effect, former licensees did not have any additional rights in the application process unless they applied for reinstatement within 30 days of when the license expired. 47 C.F.R. � 90.149(a) (1998). See Tom K. Kurian Application, File No. D097968 (filed Oct. 10, 1997); RF Data, Inc. Application, File No. D094608 (filed Nov. 28, 1997). Id. 47 C.F.R � 90.175. 47 C.F.R. � 90.173(b). 47 C.F.R. � 90.143(b). Petition at 2. See Waste Management Collection & Recycling, Inc., Memorandum Opinion and Order, FCC 99-134, at � 11 (rel. June 21, 1999).
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000054.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Andrea Hall and David Fitts ) (Call Sign WPCA882) ) ) Request for Waiver of Section 90.149(a) ) of the Commission's Rules ) ORDER Adopted: January 12, 2000 Released: January 13, 2000 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: . On March 5, 1999, Andrea Hall and David Fitts (Petitioners) filed a request that the Commission accept, process and grant its late-filed renewal/reinstatement application, pursuant to section 90.151 of the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000058.doc
  • ) ) Hope Hanson ) (Call Sign WPCA847) ) ) Loreen Hansen ) (Call Sign WPBU683) ) ) Charles Mossley ) (Call Sign WPCG760) ) ) Hattie and DS Gilley ) (Call Sign WPCF938) ) ) Lubbock SMR, Inc. ) (Call Signs WPCM568 and WPDC538) ) ) Wayne Lamb ) (Call Sign WPDW351) ) ) Requests for Waiver of Section 90.149(a) ) of the Commission's Rules ) ORDER Adopted: January 13, 2000 Released: January 14, 2000 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: . We have before us requests for waiver of section 90.149(a) of the Commission's rules filed by the above-captioned licensees, all of whom filed untimely requests for reinstatement of their expired
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000059.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Ivan Brisbin ) (Call Sign WPCB813) ) ) Request for Waiver of Section 90.149(a) ) of the Commission's Rules ) ORDER ON RECONSIDERATION Adopted: January 13, 2000 Released: January 14, 2000 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: . We have before us a Petition for Reconsideration (Petition), filed by Ivan Brisbin (Brisbin) on September 11, 1998, of the Licensing and Technical Analysis Branch's denial of his
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000061.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Elliot Acosta ) (Call Sign WPCM508) ) ) Request for Waiver of Section 90.149(a) ) of the Commission's Rules ) ORDER Adopted: January 13, 2000 Released: January 14, 2000 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: . We have before us a request for waiver of section 90.149(a) of the Commission's rules filed by Elliot Acosta on February 9, 1999 in connection with his untimely request for
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000365.doc
  • this Memorandum Opinion and Order resolves the Petition, we dismiss the Motion as moot. See Letter from Mary M. Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, to Pamela Gaary, Richard Rubin and Robert E. Stup, Jr., Ref. No. PS&PWD-LTAB-603 (Dec. 11, 1998) (Branch Letter). Petition at 3. See 47 C.F.R. � 90.149(b) (1996). Branch Letter at 1. Pursuant to an internal reorganization in 1997, the pertinent duties of the former Licensing Division relating to private wireless applications are now administered by the Public Safety and Private Wireless Division. Petition at 4. Id. at 5. Id. at 6. Most applications for new PLMR assignments, including the 900 MHz Business Category channels involved in
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001167.doc
  • 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. On September 14, 1999, Browning Ferris Industries, Inc. (BFI) resubmitted the above-captioned application, which the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch) had returned to BFI on June 30, 1999. The Branch also denied BFI's request for a waiver of Section 90.149(a) of the Commission's Rules, to permit reinstatement of a prior authorization more than thirty days after the license expired. BFI now seeks reconsideration of that decision. For the reasons discussed below, we affirm the Branch's action and deny BFI's request. Background. On July 9, 1996, BFI and Piombo Construction (Piombo) applied for consent to assign the license for Station KRJ257,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00070.doc
  • reconsideration (Further Petition) of the July 29, 1996, action. Dickinson argued that Station KGU261 had not failed to operate for a period in excess of one year, since the Loma Prieta-Los Gatos secondary site was operational. Dickinson additionally alleged that it had sought reinstatement of its license within thirty days of cancellation by filing its Extension Request, and that Section 90.149(a) of the Commission's Rules allows an additional thirty days in which to apply for reinstatement of an expired license. 8. On August 13, 1996, the Division denied the Further Petition on the basis that the Loma Prieta-Los Gatos site was a secondary site, which received no co-channel protection and could not be used to satisfy the operational requirements of Section
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00235.doc
  • communications, both for cargo and non-cargo operations, but make those communications related to non-cargo operations secondary to those concerning cargo operations. We also will require licensees engaging in communications regarding non-cargo operations to specify permanent sites of operation to promote effective and efficient frequency coordination and to minimize the likelihood of harmful interference to communications related to cargo operations. � 90.149 License term. Part 90 authorizations generally are granted for a period not to exceed five years; however, certain Part 90 authorizations for commercial mobile radio service (CMRS) providers on the 220-222 MHz, 929-930 MHz paging, 800/900 MHz Industrial/Land Transportation and Business Radio Services, and 800/900 MHz Specialized Mobile Radio Service Pool are for ten years. In the Notice, we proposed
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00335.doc
  • Bureau, to Meredith S. Senter, Jr., Esq., Counsel for Cordell Engineering, DA 99-277, 14 FCC Rcd 5003 (1999) (Cordell Engineering). Letter from Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, to Lloyd W. Coward, Esq., Counsel for TE-MCG Consortium, DA 99-258, 14 FCC Rcd 2173 (1999) (TE-MCG). In the Matter of Ivan Brisbin (Call Sign WPCB813) Request for Waiver of Section 90.149(a) of the Commission's Rules, Order on Reconsideration, DA 00-59, 15 FCC Rcd 724 (2000) (Ivan Brisbin). The D.C. Circuit recently rejected a similar argument presented by SouthEast Telephone, after its licenses automatically canceled when it failed to make the required payment by October 29, 1998. See SouthEast Telephone, supra at note 36. SouthEast, like NextWave, relied on TE-MCG in arguing
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000114.html
  • August 7, 1998, and granted for a short term the application for renewal of license of Business Radio Station WNDV558, Brooklyn, New York. Action by Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. Adopted: January 13, 2000. by MO&O. (DA No. 00-78). WTB Internet URL: [33]http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000078.doc ELLIOT ACOSTA (CALL SIGN WPCM508). Granted the Request for Waiver of Section 90.149(a) of the Commission's Rules filed by Elliot Acosta on February 9, 1999. Action by Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau. Adopted: January 13, 2000. by Order. (DA No. 00-61). WTB Internet URL: [34]http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000061.doc ROBERT VENTRESCA (CALL SIGN WPDK454). Denied the Request for Waiver of Section 1.949(a) of the Commission's Rules filed by Robert Ventresca