FCC Web Documents citing 90.155
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1267A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1267A1.pdf
- 30. See Revised Plan, Section 3.9 at 26. See also 47 C.F.R. 90.551 (each station authorized in the 769-775 MHz and 799-805 MHz frequency band must be constructed and placed into operation within 12 months from the date of grant of an authorization. Licensees may request a longer construction period, up to but no exceeding 5 years, pursuant to 90.155(b)). See Revised Plan, Section 7.0 Interoperability Channels. 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 w x y { z { ϸ³Ϛ³`` PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1730A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1730A1.pdf
- 3.9 Management of Channel Assignments at 26. See also 47 C.F.R. 90.551 (each station authorized in the 769-775 MHz and 799-805 MHz frequency band must be constructed and placed into operation within 12 months from the date of grant of an authorization. Licensees may request a longer construction period, up to but not exceeding 5 years, pursuant to Section 90.155(b)). See Revised Plan, Section 7.0 Interoperability Channels at 58. See Comments Invited on Region 20 (Northern Virginia, Maryland and District of Columbia) 700 MHz Regional Planning Committee Proposed Public Safety Plan, WT Docket No. 02-378, Public Notice, 23 FCC Rcd 8553 (PSHSB 2008). Comments were due June 19, 2008, and reply comments were due June 30, 2008. See Letter from
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-684A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-684A1.pdf
- at 2. Our analysis shows that the redesign would not employ the ten sites from the original design. See id. at Attachment One. While York does not explicitly request to delete the ten sites from its existing licenses, we anticipate that they would cancel automatically due to failure to construct facilities by the listed construction deadlines. See 47 C.F.R. 90.155. Waiver Request at 6. See 47 C.F.R. 1.925, 47 U.S.C. 337(c); Waiver Request at 6-8. See Control Station Supplement at 2. York is requesting individual licensing of control stations because Section 90.119(b), 47 C.F.R. 90.119(b), requires that applicants in the 470-512 MHz band must furnish ``relevant information'' for all control stations. See Control Station Supplement at 2.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-856A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-856A1.pdf
- Act of 1934, as amended, 47 U.S.C. 337(c). The Bureau's Policy Division authorized Summit's request to swap frequency pair 476/479.2125 MHz for a different Part 22 frequency pair 476/479.1625 MHz by waiver granted in June 2010. As a result, Summit is currently authorized to operate on four Part 22 frequency pairs, 476/479.0375, 476/479.1375, 476/479.1875, and 476/479.1625 MHz. Under Section 90.155(a) of the Commission's rules, Summit had a one-year period following the initial grant date of Station WQDR764 to construct and place the station into operation. In 2006, and pursuant to the Commission's extended implementation (``slow growth'') rules, Summit requested and subsequently obtained a three-year extension in which to construct and place its system into operation, i.e., until May 15, 2009.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-302A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-302A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-302A1.txt
- or construction permits for public safety radio ``services'' are exempt. Thus, the Commission concluded that the ``NPR court's `plain language' analysis supports the Commission's interpretation of Section 309(j)(2)(A) set forth'' in the BBA Report and Order. BBA MO&O, 17 FCC Rcd at 7564 27. supra. 47 C.F.R. 90.371(b). July Ex Parte Comments at 66, citing 47 C.F.R. 90.155. Id., citing 47 C.F.R. 90.629. Id. Cf. Section 22.940(a)(2)(i) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. 22.940(a)(2)(i)-(iv). See LMDS Second Report and Order, 12 FCC Rcd at 12659 263-267. See, e.g., 47 C.F.R. 22.940(a)(1)(i). See ULS Report and Order, 13 FCC Rcd 21027. 47 C.F.R. 1.913(b). Allocation Report and Order, 14 FCC Rcd
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.txt
- the licensee will be ineligible to regain it. Part 90 of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation for Part 90 continues to read as follows: AUTHORITY: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7). 2. Section 90.155(d) is amended to read as follows: 90.155 Time in which station must be placed in operation. ***** (d) Multilateration LMS EA-licensees, authorized in accordance with 90.353 of this part, must construct and place in operation a sufficient number of base stations that utilize multilateration technology (see paragraph (e) of this section) to provide multilateration location service to one-third
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-24A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-24A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-24A1.txt
- restrictions. See infra paras. 26-33. Note US218 to the U.S. Table of Allocations provides that the 902-928 MHz band is available for LMS provided that LMS systems do not cause harmful interference to federal stations, and that they tolerate interference from ISM devices and federal stations in the band. See 47 C.F.R. 2.106 n.US218. See, e.g., 47 C.F.R. 90.155(d), (e). See supra note 1. In this regard, we only seek comment on non-Part 90 rule changes that relate to M-LMS operations in the M-LMS Band. 47 C.F.R. 90.205(k). 47 C.F.R. 15.247. In a spread spectrum system, information is conveyed by modulation of a carrier by some conventional means, and the bandwidth is deliberately widened by a spreading
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
- Frequency Table Frequency or band Class of station(s) Limitations Coordinator * * * * 470-512 Base or mobile 68 763-775 Base, mobile 77 PX 793-805 Mobile 77 PX 806-817 do 69 * * * * (d) * * * (77) Subpart R of this part contains rules for assignment of channels in the 763-775 MHz and 793-805 MHz bands. Section 90.155 is amended by revising paragraph (a) to read as follows: 90.155 Time in which station must be placed in operation. (a) All stations authorized under this part, except as provided in sections 90.528, 90.529, 90.629, 90.631(f), 90.665, 90.685, and 90.1209, must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1943A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1943A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1943A1.txt
- 47 C.F.R. 1.106(g). See e.g., In the Matter of Nextel Communications, Inc., Order, 13 FCC Rcd. 281 (Holding that a ``Petition for Special Relief'' filed beyond 30 days constituted a late filed petition for reconsideration and was subject to dismissal). See n. 9, supra. But see n. 14, supra. Finder's Preference Report and Order at 7305 49. Sections 90.155, 90.157, 90.629, 90.631 (e) or (f), and 90.633 (c) or (d) were the only sections the violation of which constituted a basis for a finder's preference request. 47 C.F.R. 90.173(k). See also Finder's Report and Order at 7305, 49. Finder's Report and Order at 7308, 68. Petition at 2-4, 3-6. See 47 C.F.R. 90.173(k)(1994). 47 C.F.R.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-400A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-400A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-400A1.txt
- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Celtronix Telemetry, Inc. Application for Private Land Mobile Radio Services licenses in the 218-219 MHz Band and Request for Waiver of Sections 90.127(b) and 90.155(a) of the Commission's Rules ) ) ) ) ) ) ) ) ) File Number D128959 Adopted: February 25, 2000 Released: March 15, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction We have before us an application and waiver request filed by Celtronix Telemetry, Inc. (Celtronix) seeking authority to provide vehicle tracking services by
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-401A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-401A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-401A1.txt
- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Telemetron, Inc. Applications for Private Land Mobile Radio Services Licenses in the 218-219 MHz Band and Requests for Waivers of Sections 90.127(b) and 90.155(a) of the Commission's Rules ) ) ) ) ) ) ) ) ) File Numbers D125581 and D133075 Adopted: February 25, 2000 Released: March 15, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction We have before us applications and waiver requests filed by Telemetron, Inc. (Telemetron) seeking authority to provide vehicle tracking services by
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-419A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-419A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-419A1.txt
- an ``emergency back-up channel'' for his school district customers' communications with their bus drivers. Based on the above, we find that Marzec has demonstrated that Power violated the terms of his license by conducting mobile operations. We now turn to Power's affirmative defenses to Marzec's claim. Power argues that his conduct is excusable because he is allegedly required by sections 90.155(c) and 90.167(c) of the Commission's rules ``to operate with at least one mobile unit in order to maintain his station's operation or risk cancellation of his license.'' In essence, Power argues that he is permitted to violate one set of Commission requirements (his license) in order to comply with another (sections 90.155(c) and 90.167(b)). This reasoning ignores a basic principle
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-650A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-650A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-650A1.txt
- we find no basis to reverse the Branch's action. Background. On March 26, 1997, Aircraft Service International Inc. (Aircraft Service) filed a finder's preference request targeting Bob Hills's authorization to operate Station KCQ805 at its Signal Hill, California site. Aircraft Service, a co-channel licensee, alleged that Bob Hills had failed to construct the Signal Hill site, in violation of Section 90.155 of the Commission's Rules. 3. On May 19, 1999, the Branch dismissed the request on the grounds that the construction and operational status of Station KCQ805's Signal Hill site already was the subject of a Commission compliance review. In addition, the Branch stated that because such compliance review was initiated prior to the filing of Aircraft Service's request, Station KCQ805
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-659A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-659A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-659A1.txt
- Branch denied Peak's finder's preference request targeting San Diego, California Station WNQL565, licensed to Cox Communications, Inc. (Cox). For the reasons stated below, Peak's Petition is dismissed. 2. On February 11, 1998, Peak filed the Request targeting Cox's authorization to operate Station WNQL565. Peak alleged that Cox had failed to timely place Station WNQL565 in operation, in violation of Section 90.155 of the Commission's Rules, and failed to continuously operate Station WNQL565, in violation of Section 90.157 of the Commission's Rules. The Branch denied Peak's Request on August 23, 1999. On September 28, 1999, six days after the filing deadline in which to file a petition for reconsideration, Peak submitted its Petition. 3. Section 405 of the Communications Act of 1934,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1019A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1019A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1019A1.txt
- Honolulu, HI. Honolulu, HI Resident Agent Office (3/12/01). Gail Ann Company, Inc., Braneget Light, NJ. Honolulu, HI Resident Agent Office (3/30/01). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.193 - Scope of Service Ray Hammons, Jr., Corporation, Wilmington, DE. San Francisco, CA District Office (3/19/01). 47 C.F.R. Part 90 -Private Land Mobile Radio Services 47 C.F.R. 90.155 - Time in which Station Must Be Placed in Operation Klaus D. Kramer (KNJM968), Oklahoma City, OK. Dallas, TX District Office (3/12/01). 47 C.F.R. 90.173 - Policies Governing the Assignment of Frequencies GP Solutions, Denver, Colorado. Other violations: 47 C.F.R. 90.233 (Base/Mobile Non-Voice Operations) and 90.403 (General Operating Requirements). Denver, CO District Office (3/15/01). 47 C.F.R. 90.403
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1575A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1575A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1575A1.txt
- Private Land Mobile Radio (PLMR) stations licensed on frequencies below 512 MHz that are subject to frequency coordination and rule-based construction and operational requirements. The purpose of this audit is to update and increase the accuracy of the Commission's PLMR licensing database. The Commission's Part 90 rules for PLMR stations require construction within a specified time frame (47 C.F.R. 90.155(a)), and that stations remain operational (47 C.F.R. 90.157), in order for the license to remain valid. When a licensee fails to construct its authorized PLMR facilities within the requisite construction period, or allows its constructed station(s) to discontinue operations for a period of one year, the station license cancels automatically (47 C.F.R. 90.155(a), 90.157). Furthermore, a licensee is
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2029A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2029A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2029A1.txt
- Content-Type: text/plain Content-Transfer-Encoding: 8bit $ $ $ $ $ $ $ $ Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CELTRONIX TELEMETRY, INC. Application for Private Land Mobile Radio Services Licenses in the 218-219 MHz Band and Request for Waiver of Sections 90.127(b) and 90.155(a) of the Commission's Rules ) ) ) ) ) ) ) ) FCC File No. D128959 Adopted: August 24, 2001 Released: August 31, 2001 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. Introduction On April 14, 2000, Celtronix Telemetry, Inc. (Celtronix) filed a petition requesting reconsideration of the March 15, 2000 Order by the Public
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2339A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2339A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2339A1.txt
- 1987 Letter Ruling was directed to Superior's predecessor-in-interest, Supercom, Inc. Request at n.4. Id. at 4. Id. at 5. Id., citing Amendment of Part 90 of the Commission's Rules Concerning Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Notice of Proposed Rulemaking, 5 FCC Rcd 6401 (1990). See 5 FCC Rcd 6408 at n.15. See, e.g., 47 C.F.R. 90.155(a) (1991) (automatic termination for failure to construct and place into operation private land mobile station within 8 months from date of grant); 47 C.F.R 24.403(c) (1994) (automatic expiration of PCS license for failure to timely construct). See also 47 C.F.R. 1.946(c) (1999) (automatic termination for failure to timely commence service, or meet coverage or substantial service requirements in
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2415A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2415A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2415A1.txt
- filed a finder's preference request (``Request'') for frequency pair 807/852.7875 MHz under SMR station WNJF770, licensed to Stanley W. Harris (``Harris'') d/b/a Western Communications Company. Harris filed an opposition to the finder's preference request on March 16, 1994, and Kay filed a reply to the opposition on April 19, 1994. 2. In his Request, Kay alleges a violation of section 90.155(a) of the Commission's rules, which requires that stations in the private land mobile radio services be placed in operation within eight months from the date of grant or the authorization cancels automatically and must be returned to the Commission. Kay cites section 90.155(c) of the Commission's rules, which states that a base station is not considered to be placed in
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2431A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2431A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2431A1.txt
- Commission's Rules, 47 C.F.R. 1.106, the petition for reconsideration filed on June 30, 2000, on behalf of Mobile Relay Associates, Inc. IS GRANTED with respect to Stations WPPY931, WPPZ712, WPPY935, WPPZ716, WPPZ719 and WPPY937. 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 Section 90.155 of the Commission's Rules, 47 C.F.R. 90.155, the grants of the license for Stations WPPY931, WPPZ712, WPPY935, WPPZ716, WPPZ719 and WPPY937 ARE HEREBY SET ASIDE, FCC File Nos. D133825, D134193, D134194, D134195, D134196, and D134197 are returned to pending status, and the applications then will be DISMISSED consistent with the terms of this Order on Reconsideration. IT IS FURTHER
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2708A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2708A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2708A1.txt
- opposition to the Petition on December 8, 1994, and Doering filed a reply to the opposition on December 21, 1994. For the reasons set forth below, we deny Doering's Petition. 2. In his Petition, Doering argues that he has submitted sufficient proof in support of his contention that Kay did not construct call sign WNXS753 in accordance with: 1) section 90.155(a) of the Commission's rules, which requires that stations in the private land mobile radio services be placed in operation within eight months from the date of grant; and 2) section 90.633(d) of the Commission's rules, which provides that a base station is not considered to be placed in operation unless at least one associated mobile station is also placed in
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1266A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1266A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1266A1.txt
- Branch granted that application. DISCUSSION The District Recission Request We find no basis to rescind or modify the license granted to Davis on July 22, 1999 for the operation of Station WPNX311. The record in this proceeding fails to support the District's contention that ``Davis is no longer authorized to operate station WPNX311 because it has not complied with Section 90.155 of the Commission's Rules.'' Pursuant to Section 90.155(a) of the Commission's Rules, Davis was required to place Station WPNX311 into operation by July 22, 2000 to prevent the license from automatically canceling and reverting back to the Commission. The District alleges that it conducted tests at that time and concluded that there were no voice or data communications on the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1411A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1411A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1411A1.txt
- an opposition to the Petition on July 10, 2000. Opposition to Petition (filed July 10, 2000). MRA filed a reply to the Opposition to Petition on July 11, 2000. Reply to Opposition to Petition (filed July 11, 2000). MRA supplemented its Petition on December 15, 2000. Supplement to Petition (filed Dec. 15, 2000). MRA Petition at 2-4. 47 C.F.R. 90.155(a). Request for Cancellation of Licenses (filed June 22, 2001) (Cancellation Request). NSTN filed an opposition to the Cancellation Request on June 25, 2001. Opposition to Cancellation Request (filed June 25, 2001). MRA filed a Reply to NSTN's Opposition to the Cancellation Request on July 5, 2001. Reply to Cancellation Request (filed July 5, 2001). NSTN filed a response to the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1722A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1722A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1722A1.txt
- response letter was incomplete and inconsistent with previous statements. Futronics also alleges that the response letter demonstrates that Midport and GRH's applications were void ab initio, that the stations were not timely constructed and were constructed in violation of Section 90.273 of the Commission's Rules. Petition to Deny filed by Futronics, Inc. (filed Apr. 5, 2001). 47 C.F.R. 1.946, 90.155 (2000) (eight month construction period). In the Part 90 Biennial Review Report and Order, the Commission amended its rules to change the time in which a station must be placed in operation from eight months to twelve months. See 1998 Biennial Regulatory Review -- 47 C.F.R. Part 90 - Private Land Mobile Radio Services WT Docket No. 98-182 RM-9222 Replacement
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2984A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2984A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2984A1.txt
- C55 RCB 7106 AT repeater at each site.'' Id. GEI also states that because the equipment ``came from Mr. Montes's personal inventory and from Glendale Electronics inventory, ... there are no invoices connected with restoring the Station to operational status.'' Id. at 10 and 11. In the 308(b) Letter in seeking information on station operations, we cited 47 C.F.R. 90.155(f). In response, GEI asserts that Commission rules do not require a station to be operational after the initial construction period. GEI specifically argues that Section 90.155(f) only requires licensees to commence service to at least one unaffiliated customer during the initial construction period, and not after the initial construction period. GEI 308(b) Response at 6-10. While Section 90.155(f) may apply
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1228A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1228A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1228A1.txt
- Mr. Difuntorum's statements, being unsworn and uncertified, do not satisfy the requirements of section 1.106(d) that findings of fact in petitions for reconsideration be stated with particularity. 9. Finally, we reject Pacific Wireless' argument that Lodi's license cancelled automatically because it failed to construct and begin operations within one year after the date of the license grant pursuant to section 90.155. We make this finding because Pacific Wireless has not provided any evidence that Lodi failed to construct its facilities or failed to begin operations within the required one year time period under the rule. IV. ORDERING CLAUSE , the Petitions for Reconsideration filed by Pacific Wireless Technologies, Inc. on January 17, 2002 and March 7, 2002, the Supplement to Petition
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2612A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2612A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2612A1.txt
- the push to talk button is randomly pressed, one user will receive a busy signal). See id. at 18. Alaska Response at 5. Id. Because this is a statewide system, we will look at loading on a system aggregate basis. Loading will be based on the number of discrete frequencies times 50 units per discrete frequency. See 47 C.F.R. 90.155(a). See captioned applications, Attachment entitled ``Extended Implementation Period'' (Extended Implementation Schedule''). 47 C.F.R. 90.155(b) citing 47 C.F.R. 90.629. 47 C.F.R. 90.629(a). Id. and accompanying text, supra. See Extended Implementation Schedule. Having satisfied the first prong of Section 90.629(a), and notwithstanding the fact that Alaska need not satisfy any additional prongs thereof to qualify for a grant of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3343A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3343A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3343A1.txt
- Hilltop filed two waiver requests that were associated with the Extension Request. In the first waiver request, Hilltop requested a waiver of the Commission's rules to the extent it was necessary to allow the Commission to act on the Extension Request given that the construction deadline had already passed. In the second waiver request, Hilltop requested a waiver of section 90.155(a) of the Commission's rules, to extend the construction deadline. On July 29, 2002, the Branch released a letter dismissing the Extension Request and its associated waiver requests. In its Petition, Hilltop contends that at the time it filed its application, no UHF mobile equipment was commercially available for 6 kHz bandwidth emissions. Contending that it could not construct its licensed
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-4042A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-4042A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-4042A1.txt
- that requests to extend a construction period must be filed before the expiration of the construction period. The Division also requested information regarding what steps Walker had taken to obtain and install the equipment needed to make the licensed frequencies operational. After Walker failed to respond, the Division dismissed the extension request on June 8, 2003. III. Discussion 7. Section 90.155 of the Commission's Rules provides that authorized stations must be placed in operation within twelve months from the date of grant of the authorization or the authorization cancels automatically. Section 1.946(c) of the Commission's Rules provides that a licensee's authorization terminates automatically ``if a licensee fails to commence service or operations by the expiration of its construction period or to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-4097A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-4097A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-4097A1.txt
- 405(a). Because Kay did not request reconsideration as required, we decline to address the remaining procedural issues concerning the validity of his petition for reconsideration. Opposition at 5. The license was granted to Moses on May 14, 2001, and subsequently transferred from Moses Kurian. The Commission received notification of construction on May 2, 2002, in compliance with 47 C.F.R. 90.155(a) (these stations must be placed in operation within twelve months from the date of license grant). 47 C.F.R. 90.155(a). Licenses of National Science and Technology Network, Inc. to Operate Temporary Industrial/Business Conventional Stations, Memorandum Opinion and Order, FCC 03-213 9 (rel. Sept. 26, 2003). See Applications of California Water Service Company for Authority to Provide Multiple Address System
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1553A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1553A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1553A1.txt
- to respond to avoid a presumption that the licenses have cancelled automatically. The Bureau has not received a valid response within the specified time frame to any of the audit letters for the station licenses (call signs) that are set forth in Appendix A. Consequently, these station licenses have been deemed to have cancelled automatically pursuant to 47 C.F.R. 90.155(a) or 90.157 of the Commission's Rules as of the deadlines established in the February 9th Public Notices. Action will be taken in the Universal Licensing System (ULS) to reflect the termination of these licenses. Once a license has been placed in terminated status in ULS, applicants may apply for frequency coordination and file an application with the Commission. For
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2124A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2124A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2124A1.txt
- of operations and seeks additional time to place these stations in operation. For the reasons stated below, we deny the Extension Requests and notify Motient that the station licenses at issue have terminated and/or canceled automatically. background Motient is the licensee of a number of 800 MHz authorizations, including the licenses at issue in the Extension Requests. Pursuant to sections 90.155(a) and 90.633(c) of the Commission's rules, licensees of conventional 800 MHz systems are required to place their authorized stations in operation not later than one year after the date of grant of the system license. In order to be ``in operation'' for purposes of section 90.633, a base station must have at least one associated mobile station in operation. Furthermore,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-289A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-289A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-289A1.txt
- if a licensee does not provide a response by March 31, 2004, the stations will be deemed to have cancelled automatically. The FCC's licensing database will be updated to reflect that the licenses are no longer valid and the frequencies will be made available for relicensing. . Action by Chief, Public Safety and Critical Infrastructure Division See 47 C.F.R. 90.155, 90.157 See 47 C.F.R. 90.157 Spectrum audit letters that have been returned to the Commission as undeliverable are being handled separately. See DA 04-290. 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 "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-290A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-290A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-290A1.txt
- days after publication of this Notice in the Federal Register, the stations will be deemed to have cancelled automatically. The FCC's licensing database will be updated to reflect that licenses are no longer valid and the frequencies will be made available for relicensing. . Action by Chief, Public Safety and Critical Infrastructure Division See DA 04-289 See 47 C.F.R. 90.155, 90.157 See 47 C.F.R. 90.157 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 "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3864A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3864A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3864A1.txt
- a pattern of delay in which he seeks to use his licenses in various bands for purposes other than those for which they are intended. Such a conclusion is mere speculation and Havens does not seek a waiver of the technical M-LMS rules. Further, we find that Mobex's argument that Havens' Waiver Request is in violation of Sections 1.946(e)(2) and 90.155(g) of the Commission's rules is misplaced. These rules hold that extensions of time to construct or to commence service will not be granted for delays caused by the failure to timely order equipment; however, in this case there was no equipment available to order. We also reject Mobex's contention that a petition for rulemaking is needed for the requested extension.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-731A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-731A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-731A1.txt
- of the EA's population within five years of the initial license grant, and two thirds of the population within ten years.'' In the Matter of Amendment of Part 90 of the Commission's Rules to adopt Regulations for Automatic Vehicle Monitoring Systems, Second Report and Order, 13 FCC Rcd 15182, 15197-98 30 (1998) (LMS Second Report and Order). Although sections 90.155 (d) and (e) pertain to construction requirements including deadlines for LMS-M licenses, these sections were not amended to reflect the Commission's decision in the LMS Second Report and Order. The address for FCC filings should be used only for documents filed by United States Postal Service first-class mail, Express Mail, and Priority Mail. Hand-delivered or messenger-delivered documents for the Commission's
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-924A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-924A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-924A1.txt
- Station WPHD220 in Everett, Washington. The Petition for Reconsideration addresses an October 22, 2003 letter ruling by the former Public Safety and Private Wireless Division (Division), Wireless Telecommunications Bureau. In that decision the Division concluded, based on the evidence before it, that Station WPHD220 had not been timely constructed, and that the license had therefore cancelled automatically pursuant to section 90.155(a) of the Commission's Rules. For the reasons stated below, we dismiss the Response/Petition insofar as it seeks reconsideration of the Division Letter. Background. As recounted in the Division Letter, Action acquired the WPHD220 license through an assignment of the license from Miller Gardens. On February 21, 2002, the Commission received correspondence from Richard Hartlage, the Director/Curator of Miller Gardens, alleging
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3135A1.txt
- 1934, as amended, requested that Pintell provide information regarding the construction and operational status of Station WIL295. The letter stated that if Pintell failed to respond within thirty days, the Division could conclude that the authorization had cancelled for failure to meet the pertinent construction or operational requirements. To date, the Division has received no response from Pintell. Discussion. Sections 90.155 and 90.157 of the Commission's Rules provides that a license for a private land mobile radio station cancels automatically if the station is not constructed within twelve months of the date of license grant, or upon discontinuance of operation for a period of one year or more. In this case, we find that Pintell's failure to respond to the audit
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1094A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1094A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1094A1.txt
- totality of the record and for the reasons stated above, we also find that strict application of the construction requirement would be contrary to the public interest, and that granting Progeny's request will serve the public interest. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. 154(i), and Sections 1.925, 1.946 and 90.155(d) of the Commission's rules, 47 C.F.R. 1.925, 1.946, 90.155(d), that the request of Progeny LMS, LLC, filed on February 15, 2005, for a three-year extension of time to meet the five-year construction requirement for its multilateration Location and Monitoring Service Economic Area licenses, File Nos. 0002049041-0002049297, IS GRANTED, and that the construction deadline is HEREBY EXTENDED until July 19,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1397A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1397A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1397A1.txt
- higher and taken from the 935-940 MHz band segment. See 47 C.F.R. 90.613. See FCC File No. 0000960501. DART is a regional transportation authority for the greater Dallas area. DART's responsibilities include managing a number of different transit systems in various cities in the Dallas, Texas area. FCC Form 600, filed July 1997. See 47 C. F. R. 90.155(c), 90.631(f), 90.633(d). The Commission's Rules require transmission and reception of radio signals between a base station and a mobile station for a system to be ``placed in operation.'' ``Mobile talk around'' refers to communications directly between one vehicle and another vehicle, or mobile without the use of a repeater. Request for Reinstatement and Cancellation at 4. FCC Form 600-Schedule G,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1401A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1401A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1401A1.txt
- R&O, 17 FCC Rcd at 6737). We question whether the public interest would be served by denying the renewal application because of a failure to meet a requirement that no longer applies to the license. Mobex, 19 FCC Rcd at 24943 n.34. Regarding service to the public, we note that, unlike other rule parts, see, e.g., 47 C.F.R. 22.946(a), 90.155(f), Part 80 does not expressly provide that a commercial mobile radio service station will not be deemed to have commenced operation until it provides service to at least one unaffiliated party. We decline to infer such a requirement in the context of the present matter. See Amendment of Parts 1, 81 and 87 of the Commission's rules to require notification
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1878A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1878A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1878A1.txt
- October 16, 2006 Reply Comment Date: October 30, 2006 By this Public Notice, the Wireless Telecommunications Bureau (Bureau) seeks comment on a request for extension of time and consolidation of construction deadlines filed by New York State Electric & Gas Corporation (NYSEG). NYSEG requests a waiver of section 22.503(k) for its Part 22 economic area (EA) paging frequencies and section 90.155(a) for its Part 90 150 MHz industrial/business frequencies to allow a consolidated construction deadline of December 31, 2009 for its planned 51-site statewide radio system. NYSEG serves approximately 848,000 electricity customers and 253,000 natural gas customers across more than forty percent of upstate New York. NYSEG states that it plans to replace various existing radio systems with a single integrated,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-432A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-432A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-432A1.txt
- 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 licenses into
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4348A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4348A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4348A1.txt
- Opposition, and she offers no explanation for the delay. Consequently, we agree with MRA that the Reply should be dismissed as untimely. Letter dated February 12, 2007, from Scot Stone, Deputy Chief, Mobility Division, Wireless Telecommunications Bureau, to George L. Lyon, Jr., counsel for Pappammal Wellington Kurian (Division Letter). 47 C.F.R. 1.955(a)(2) (emphasis added); see also 47 C.F.R. 90.155(a), 101.63(c). 47 C.F.R. 1.955(a)(3) (emphasis added); see also 47 C.F.R. 90.157(a), 101.65(b). See FCC File Nos. 0002390995, 0002390996, 0002390997, 0002390998, 0002390999, 0002391000, 0002391001, 0002391002, 0002391003, 0002391004, 0002391005, 0002391006, 0002391007, 0002391008, 0002391009, 0002391010, 0002391011, 0002391012, 0002391013, 0002391014, 0002391015, 0002391016, 0002391018, 0002391019, 0002391020, 0002391021, 0002391022, 0002391023, 0002391024, 0002391025, 0002391026, 0002391027, 0002391028, 0002391029, 0002391030, 0002391031, 0002391032, 0002391033, 0002391044. See Letter dated
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-479A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-479A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-479A1.txt
- that the Petition for Reconsideration or Alternative Action, of Telesaurus Holdings GB, LLC, et al., Erratum, April 4, 2005, and the Petition for Reconsideration of Telesaurus Holdings GB, LLC, et al., filed June 23, 2006, ARE DENIED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. 154(i), and Sections 1.925, 1.946 and 90.155(d) of the Commission's rules, 47 C.F.R. 1.925, 1.946, 90.155(d), that the request of FCR, Inc., filed on September 14, 2006, for a three-year extension of time to meet the five-year construction requirement for its multilateration Location and Monitoring Service Economic Area licenses, File Nos. 0002752062 - 0002752069, IS GRANTED, and that the construction deadline is HEREBY EXTENDED until October
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1027A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1027A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1027A1.txt
- LLC (Progeny) filed a request for waiver of the Commission's Multilateration Location and Monitoring Service (M-LMS) construction rule. Progeny holds a total of 228 M-LMS Economic Area (EA) licenses in the 902-928 MHz band, all of which have a five-year construction deadline of July 19, 2008 and a ten-year construction deadline and expiration date of July 19, 2010. Under Section 90.155(d) of the Commission's rules, M-LMS licensees are required to construct and place into operation a sufficient number of base stations to provide service to one-third of the population of their EA within five years of initial license grant and two-thirds of the population of their EA within ten years of license grant. Alternatively, an M-LMS licensee may make a showing
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1267A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1267A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1267A1.txt
- 30. See Revised Plan, Section 3.9 at 26. See also 47 C.F.R. 90.551 (each station authorized in the 769-775 MHz and 799-805 MHz frequency band must be constructed and placed into operation within 12 months from the date of grant of an authorization. Licensees may request a longer construction period, up to but no exceeding 5 years, pursuant to 90.155(b)). See Revised Plan, Section 7.0 Interoperability Channels. 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 w x y { z { ϸ³Ϛ³`` PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1730A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1730A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1730A1.txt
- 3.9 Management of Channel Assignments at 26. See also 47 C.F.R. 90.551 (each station authorized in the 769-775 MHz and 799-805 MHz frequency band must be constructed and placed into operation within 12 months from the date of grant of an authorization. Licensees may request a longer construction period, up to but not exceeding 5 years, pursuant to Section 90.155(b)). See Revised Plan, Section 7.0 Interoperability Channels at 58. See Comments Invited on Region 20 (Northern Virginia, Maryland and District of Columbia) 700 MHz Regional Planning Committee Proposed Public Safety Plan, WT Docket No. 02-378, Public Notice, 23 FCC Rcd 8553 (PSHSB 2008). Comments were due June 19, 2008, and reply comments were due June 30, 2008. See Letter from
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2614A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2614A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2614A1.txt
- with respect to Progeny's EA licenses. On May 5, 2008, the Commission released a Public Notice inviting comment on Progeny's request. In its request, Progeny seeks a waiver pursuant to Section 1.925 of the Commission's rules, or an extension of time pursuant to Section 1.946(e) regarding the construction deadlines for its M-LMS EA licenses that are set forth in Section 90.155(d). Specifically, Progeny requests an additional four years to meet its five-year construction deadline (from July 19, 2008 to July 19, 2012), and an additional four years to meet its ten-year construction deadline (from July 19, 2010 to July 19, 2014). Progeny argues that a grant of its request would be in the public interest because Progeny has demonstrated a commitment
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-578A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-578A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-578A1.txt
- in the coverage of existing NSTN stations, and the mobile units that will utilize the proposed base station already are licensed. MRA argues that the application should be dismissed because the proposed station does not meet the minimum spacing required by Section 90.307 of the Commission's Rules with respect to adjacent-channel Television Station KPBS, San Diego, California; and because Section 90.155 of the Commission's Rules requires activation of associated mobile units in order to satisfy the relevant construction requirement. Discussion. NSTN's proposed site is 136.8 kilometers (85 miles) from Station KPBS. Under Section 90.307, the minimum permitted distance between a 470-512 MHz band base station that has associated mobile units and a protected adjacent-channel television station is 145 kilometers (90 miles),
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-684A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-684A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-684A1.txt
- at 2. Our analysis shows that the redesign would not employ the ten sites from the original design. See id. at Attachment One. While York does not explicitly request to delete the ten sites from its existing licenses, we anticipate that they would cancel automatically due to failure to construct facilities by the listed construction deadlines. See 47 C.F.R. 90.155. Waiver Request at 6. See 47 C.F.R. 1.925, 47 U.S.C. 337(c); Waiver Request at 6-8. See Control Station Supplement at 2. York is requesting individual licensing of control stations because Section 90.119(b), 47 C.F.R. 90.119(b), requires that applicants in the 470-512 MHz band must furnish ``relevant information'' for all control stations. See Control Station Supplement at 2.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-824A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-824A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-824A1.txt
- 2007 (Surreply). (Because the Reply raised new factual issues regarding the Opposition, we grant El Segundo's request for leave to file the Surreply.) Mobile Relay Associates and Raycom filed ``Comments in Support of the Response of El Segundo'' (MRA Comments) on October 4, 2007. 47 C.F.R. 90.187(b)(2). See Petition at 2-8. See id. at 8-11. See 47 C.F.R. 90.155, 90.157. See Petition at 11-14. See Request for Enforcement Action at 1-2. See, e.g., National Science and Technology Network, Inc., Order, 23 FCC Rcd 4096, 4097 4 (WTB MD 2007), recon. pending; National Science and Technology Network, Inc., Order on Reconsideration, 22 FCC Rcd 18644, 18646 6 (WTB MD 2007) (NSTN), recon. pending. See Petition at 3-4. See
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2.txt
- Requirements 3060-1030 WTB-BD Service Rules for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands 3060-1070 WTB-BD Allocation and Service Rules for the 71-76 GHz, 81-86 GHz 92- 95 GHz Bands 3060-1094 WTB-BD Licensing, Operation, and Transition of the 2500-2690 MHz Band 3060-0192 WTB-MD Section 87.103, Posting Station License 3060-0202 WTB-MD Section 87.37 Developmental license 3060-0221 WTB-MD Section 90.155 (b) and (d), Time in Which Station Must be Placed in Operation 3060-0222 WTB-MD Section 97.213 Remote Control of a Station 3060-0223 WTB-MD Section 90.129, Supplemental Information to be Routinely Submitted with Applications(Non- Type Accepted Equipment) 3060-0228 WTB-MD Section 80.59 Compulsory ship inspections 3060-0259 WTB-MD Section 90.263 Substitution of frequencies below 25 MHz 3060-0261 WTB-MD Section 90.215, Transmitter Measurements 3060-0262
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2_Rcd.pdf
- Information Sharing Between MVDDS Licensees in the 12.2 GHz to 12.7 GHz Band 3060-1022 WTB-BD Sections 101.1403, 101.103(f), 101.1413, 101.1440, and 101.1417, MVDDS and DBS Reporting and Third Party Disclosure Requirements 8341 3060-1094 WTB-BD Licensing, Operation, and Transition of the 2500- 2690 MHz Band 3060-0192 WTB-MD Section 87.103, Posting Station License 3060-0202 WTB-MD Section 87.37 Developmental license 3060-0221 WTB-MD Section 90.155 (b) and (d), Time in Which Station Must be Placed in Operation 3060-0222 WTB-MD Section 97.213 Remote Control of a Station 3060-0223 WTB-MD Section 90.129, Supplemental Information to be Routinely Submitted with Applications(Non- Type Accepted Equipment) 3060-0228 WTB-MD Section 80.59 Compulsory ship inspections 3060-0259 WTB-MD Section 90.263 Substitution of frequencies below 25 MHz 3060-0261 WTB-MD Section 90.215, Transmitter Measurements 3060-0262
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1355A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1355A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1355A1.txt
- channels to use for Public Safety operations.'' San Francisco argues that this decision is inconsistent with the Commissions' policies governing extended implementation and vacated spectrum. San Francisco contends that the project in which the spectrum will be used is funded, is on schedule to be completed in approximately three years, and is essential for its public transportation system. DISCUSSION Section 90.155 of the Commission's rules requires licensees to place all authorized stations into operation within twelve months of the grant date. Section 90.629 of the Commission's rules, however, provides an exception to the twelve-month construction requirement when licensees can justify extended implementation of their systems: (a) [t]he justification must describe the proposed system, state the amount of time necessary to construct
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1800A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1800A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1800A1.txt
- for Stations WNJV741, WPIQ777, WPXC618, and WQAQ340. In addition, as discussed below, we propose to modify Mr. Kurian's licenses for Stations KNNF731 and WQO982 to remove the frequencies that he added to his licenses from former S M Leasing licenses that he canceled. Waivers. We also grant Ms. Kurian's request for waivers of the Commission's rules. We temporarily waive Sections 90.155 (construction requirement) and 90.157 (discontinuance of operation) in order to give Ms. Kurian a reasonable opportunity to bring the stations back into operation. It would make no sense to reinstate a license and then deny the licensee waivers needed to retain the license. We give Ms. Kurian a period of one year from the release date of this Order and
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1800A1_Rcd.pdf
- licenses for StationsWNJV741, WPIQ777, WPXC618, and WQAQ340. In addition, as discussed below, we propose to modify Mr. Kurian's licenses for Stations KNNF731 and WQO982 to remove the frequencies that he added to his licenses from former S M Leasing licenses that he canceled. 15. Waivers.We also grant Ms. Kurian's request for waivers of the Commission's rules.43 We temporarily waive Sections 90.155 (construction requirement)44and 90.157 (discontinuance of 37SeeDART Opposition at 3. 38Id. at 1. 39SeeHarold Pick, Order on Reconsideration, 22 FCC Rcd 730, 731-32 6 (WTB MD 2007). 40We reject Ms. Kurian's arguments, see Reply at 2-3, that DART should be held accountable for knowledge of the then-pending Nevada litigation because DART's law firm formerly represented Ms. Kurian with respect to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1927A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1927A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1927A1.txt
- filed a Petition for Reconsideration of a notice of termination of its license under Call Sign WQMC387 (Whitten Hill, ME). Maine also filed an extended implementation plan and requested an extension of the construction deadline for the Whitten Hill site, as well as for all its site licenses comprising its planned statewide system, until November 5, 2012, pursuant to Sections 90.155 and 90.629 of the Commission's rules. For the reasons stated below, we grant Maine's petition for reconsideration and we grant its request for extended implementation. On August 3, 2011, the Bureau notified Maine that it had placed Call Sign WQMC387 in ``Termination Pending'' status because Maine failed to meet its construction and construction notification requirements as required by the Commission's
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1988A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1988A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1988A1.txt
- RETURN RECEIPT REQUESTED KAMO Electric Cooperative Inc. DA 11-1988 PO Box 577 500 S KAMO Drive Vinita, OK 74301 ATTN Walter C Kenyon Re: KAMO Electric Cooperative Inc. Request for Waiver of Construction Deadline Station WQMM964; File No. 0004906927 Dear Mr. Kenyon: On October 11, 2011, the KAMO Electric Cooperative Inc. (KAMO) filed a request for a waiver of Section 90.155 of the Commission's Rules with respect to its Industrial/Business Pool, Trunked (YG) Station WQMM964. KAMO explains in its waiver request that it failed to timely construct its station due to unavoidable delays. For the reasons discussed below, we deny the Waiver Request, and find that the license WQMM964 automatically terminated on September 28, 2011. The Mobility Division (MD) granted KAMO
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1988A1_Rcd.pdf
- MAIL RETURN RECEIPT REQUESTED KAMO Electric Cooperative Inc. DA 11-1988 PO Box 577 500 S KAMO Drive Vinita, OK 74301 ATTN Walter C Kenyon Re: KAMO Electric Cooperative Inc. Request for Waiver of Construction Deadline Station WQMM964;File No. 0004906927 Dear Mr. Kenyon: On October 11, 2011, the KAMO Electric Cooperative Inc. (KAMO) filed a request for a waiver of Section 90.155 of the Commission's Rules1with respect to its Industrial/Business Pool, Trunked (YG) Station WQMM964.2KAMO explains in its waiver request that it failed to timely construct its station due to unavoidable delays. For the reasons discussed below, we deny the Waiver Request, and find that the license WQMM964 automatically terminated on September 28, 2011. The Mobility Division (MD) granted KAMO a license
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1989A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1989A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1989A1.txt
- the construction deadlines for its Industrial/Business Pool, Conventional (IG) Station WQKV242, located in McPherson, McPherson County, Kansas. Because McPherson failed to construct the station in a timely manner, however, the license automatically terminated on September 23, 2011. We therefore dismiss the request for extension. The Mobility Division (MD) granted McPherson a license for Station WQKV242 on September 23, 2009. Section 90.155 of the Commission's rules requires that all stations authorized under Part 90, including Station WQKV242, be placed into operation within twelve (12) months from the date of grant or the authorization cancels automatically. In addition, Section 1.946(d) of the Commission's rules requires a licensee who commences service within its construction period to notify the Commission by filing an FCC Form
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1989A1_Rcd.pdf
- extension of the construction deadlines for its Industrial/Business Pool, Conventional (IG) Station WQKV242, located in McPherson, McPherson County, Kansas.1Because McPherson failed to construct the station in a timely manner, however, the license automatically terminated on September 23, 2011. We therefore dismiss the request for extension. The Mobility Division (MD) granted McPherson a license for Station WQKV242 on September 23, 2009.2Section 90.155 of the Commission's rules requires that all stations authorized under Part 90, including Station WQKV242, be placed into operation within twelve (12) months from the date of grant or the authorization cancels automatically.3In addition, Section 1.946(d) of the Commission's rules requires a licensee who commences service within its construction period to notify the Commission by filing an FCC Form 601
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2036A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2036A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2036A1.txt
- (``Progeny'') for waiver of two rules in the Multilateration Location and Monitoring Service (M-LMS) in the 902-928 MHz band to enable Progeny to utilize a more advanced and efficient multilateration location service than had been contemplated when the rules were established in 1995. Specifically, we waive the prescriptive technical requirements specified as part of the construction requirements set forth in 90.155(e) to allow Progeny to take advantage of technical advances in multilateration technologies over the past fifteen years when it deploys its network. Further, we grant a limited waiver of Section 90.353(g), which provides that multilateration LMS systems' ``primary'' operations involve the provision of vehicle location services, to enable Progeny to make its service equally available to other mobile devices so
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2036A1_Rcd.pdf
- LLC ("Progeny") for waiver of two rules in the Multilateration Location and Monitoring Service (M-LMS) in the 902-928 MHz band to enable Progeny to utilize a more advanced and efficient multilateration location service than had been contemplated when the rules were established in 1995.1Specifically, we waive the prescriptive technical requirements specified as part of the construction requirements set forth in 90.155(e)2to allow Progeny to take advantage of technical advances in multilateration technologies over the past fifteen years when it deploys its network. Further, we grant a limited waiver of Section 90.353(g),3which provides that multilateration LMS systems' "primary" operations involve the provision of vehicle location services, to enable Progeny to make its service equally available to other mobile devices so long as
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-436A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-436A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-436A1.txt
- Petition at 2 (citing National Science & Technology Network, Inc., Order, 15 FCC Rcd 16491 (WTB PSPWD 2000) (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, PR Docket No. 90-481, 6 FCC Rcd 7297, 7299 9-10 (1991))). See 47 C.F.R. 90.155(c). See Amendment of Part 90 of the Commission's Rules, Second Report and Order and Second Further Notice of Proposed Rule Making, WP Docket No. 07-100, 25 FCC Rcd 2479, 2496 41-42 (2010) (seeking comment on to treat stations with no permanent base station when coordinating new co-channel or adjacent channel trunked systems). (...continued from previous page) (continued....) Federal Communications
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-436A1_Rcd.pdf
- the Commission's Rules, 47 C.F.R. 1.106, the petition for reconsideration filed by Atlantic Telecommunications on August 23, 2010 IS DENIED. 6. 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 11See 47 C.F.R. 90.155(c). 12See Amendment of Part 90 of the Commission's Rules, Second Report and Order and Second Further Notice of Proposed Rule Making, WP Docket No. 07-100, 25 FCC Rcd 2479, 2496 41-42 (2010) (seeking comment on to treat stations with no permanent base station when coordinating new co-channel or adjacent channel trunked systems). 3458
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-438A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-438A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-438A1.txt
- address these requests in this Order. See, e.g., Slow Growth Waiver Request at 1. Id. at 1-2. Id. at 2. For example, PG&E states that continued use of the disparate systems makes coordinating work crews during major storm events increasingly difficult. Id. Id. Id. at 6. Id. at 3, 6. See id. at 6; Discontinuance Waiver Request at 16. Section 90.155(a) of the Commission's Rules provides that Part 90 stations generally must be placed in operation within twelve months from the date of grant or the authorization cancels automatically. 47 C.F.R. 90.155(a). See Slow Growth Waiver Request at 3. See 47 C.F.R. 90.187. See Slow Growth Waiver Request at 5. Section 1.955(a)(3) of the Commission's Rules provides generally that
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-438A1_Rcd.pdf
- PG&E to discontinue operation of the existing stations until June 30, 201320is required to avoid incurring 9Id.at 1-2. 10Id. at 2. For example, PG&E states that continued use of the disparate systems makes coordinating work crews during major storm events increasingly difficult. 11Id. 12Id. 13Id. at 6. 14Id. at 3, 6. 15See id.at 6; Discontinuance Waiver Request at 16. 16Section 90.155(a) of the Commission's Rules provides that Part 90 stations generally must be placed in operation within twelve months from the date of grant or the authorization cancels automatically. 47 C.F.R. 90.155(a). 17SeeSlowGrowth Waiver Request at 3. 18See47 C.F.R. 90.187. 19SeeSlowGrowth Waiver Request at 5. 20Section 1.955(a)(3) of the Commission's Rules provides generally that if a station is permanently
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-446A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-446A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-446A1.txt
- text/plain Content-Transfer-Encoding: 8bit DA 11-446 Released: March 10, 2011 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST BY PROGENY LMS, LLC FOR WAIVER OF CERTAIN MULTILATERATION LOCATION AND MONITORING SERVICE RULES WT Docket No. 11-49 Comment Date: March 25, 2011 Reply Comment Date: April 4, 2011 On March 8, 2011, Progeny LMS, LLC (``Progeny'') filed a petition for waiver of Sections 90.155(e) and 90.353(g) of the Commission's rules relating to Multilateration Location and Monitoring Service (M-LMS), and requests expedited treatment. The Wireless Telecommunications Bureau seeks comment on the Petition. Progeny requests waiver of Section 90.155(e) of the Commission's rules that would permit it to satisfy its build-out requirements by using a multilateration network configuration that it claims is ``more technologically advanced and
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-446A1_Rcd.pdf
- http://www.fcc.gov TTY: 1-888-835-5322 DA 11-446 Released: March 10, 2011 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST BY PROGENY LMS, LLC FOR WAIVER OF CERTAIN MULTILATERATION LOCATION AND MONITORING SERVICE RULES WT Docket No. 11-49 Comment Date: March 25, 2011 Reply Comment Date: April 4, 2011 On March 8, 2011, Progeny LMS, LLC ("Progeny") filed a petition for waiver of Sections 90.155(e) and 90.353(g) of the Commission's rules1relating to Multilateration Location and Monitoring Service (M-LMS), andrequests expedited treatment.2The Wireless Telecommunications Bureau seeks comment on the Petition. Progeny requests waiver of Section 90.155(e) of the Commission's rules that would permit it to satisfy its build-out requirements by using a multilateration network configuration that it claims is "more technologically advanced and spectrally efficient" than
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-856A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-856A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-856A1.txt
- Act of 1934, as amended, 47 U.S.C. 337(c). The Bureau's Policy Division authorized Summit's request to swap frequency pair 476/479.2125 MHz for a different Part 22 frequency pair 476/479.1625 MHz by waiver granted in June 2010. As a result, Summit is currently authorized to operate on four Part 22 frequency pairs, 476/479.0375, 476/479.1375, 476/479.1875, and 476/479.1625 MHz. Under Section 90.155(a) of the Commission's rules, Summit had a one-year period following the initial grant date of Station WQDR764 to construct and place the station into operation. In 2006, and pursuant to the Commission's extended implementation (``slow growth'') rules, Summit requested and subsequently obtained a three-year extension in which to construct and place its system into operation, i.e., until May 15, 2009.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-209A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-209A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-209A1.txt
- with Section 90.353(d) of the Commission's Rules WT Docket No. 11-49.'' Request by Progeny LMS, LLC for Waiver of Certain Multilateration Location and Monitoring Service Rules, WT Docket No. 11-49, Order, DA 11-2036, 25 (rel. Dec. 20, 2011) (``Waiver Order''). In particular, as discussed more fully in the Waiver Order, we waived two subparts of the applicable rules, Sections 90.155(e) and 90.353(g). Id. at 13. Waiver Order at 29. Id. at 29, 35. Id. at 29. We noted that, if no significant interference concerns are raised, we will notify Progeny that it may commence commercial operations. Id. See Progeny's filing at 2-4. Id. at 4. Id. at 4 (footnote omitted). 47 C.F.R. 1.1200 et seq.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-209A1_Rcd.pdf
- with Section 90.353(d) of the Commission's Rules WT Docket No. 11-49." 3Request by Progeny LMS, LLC for Waiver of Certain Multilateration Location and Monitoring Service Rules, WT Docket No. 11-49, Order, DA 11-2036, 25 (rel. Dec. 20, 2011) ("Waiver Order"). In particular, as discussed more fully in the Waiver Order, we waived two subparts of the applicable rules, Sections 90.155(e) and 90.353(g). Id.at 13. 4Waiver Order at 29. 1579 system design, describes the process by which it carried out the field testing, including the particular types of Part 15 devices tested, and demonstrates that its M-LMS system will not cause unacceptable levels of interference to Part 15 devices that operate in the 902-928 MHz band.5We are hereby placing
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-312A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-312A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-312A1.txt
- Mr. Tom Holst City of Springfield Department of Public Works 3301 S FF Hwy Springfield, MO 65807 Re: City of Springfield Requests for Waiver of Construction Deadline and Construction Notification Deadline Station WQAU423; File No. 0004690767 Dear Mr. Holst: On April 14, 2011, the City of Springfield (Springfield) filed a construction notification and requests for waiver of Sections 1.946(d) and 90.155 of the Commission's Rules with respect to its 800 MHz conventional land mobile station WQAU423, located in Greene County, Missouri. The construction deadline for station WQAU423 was August 9, 2005, but Springfield constructed the station on March 1, 2011, and requests waivers to extend its construction deadline and its construction notification deadline. As outlined below, we deny Springfield's construction deadline
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-312A1_Rcd.pdf
- Mr. Tom Holst City of Springfield Department of Public Works 3301 S FF Hwy Springfield, MO 65807 Re: City of Springfield Requests for Waiver of Construction Deadline and Construction Notification Deadline Station WQAU423; File No. 0004690767 Dear Mr. Holst: On April 14, 2011, the City of Springfield (Springfield) filed a construction notification and requests for waiver of Sections 1.946(d) and 90.155 of the Commission's Rules1with respect to its 800 MHz conventional land mobile station WQAU423, located in Greene County, Missouri.2The construction deadline for station WQAU423 was August 9, 2005, but Springfield constructed the station on March 1, 2011, and requests waivers to extend its construction deadline and its construction notification deadline. As outlined below, we deny Springfield's construction deadline waiver request;
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-700A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-700A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-700A1.txt
- of Spectrum Efficient Technologies on Certain Part 90 Frequencies, Third Memorandum Opinion and Order and Third Further Notice of Proposed Rule Making and Order, WT Docket No. 99-87, RM-9332, 19 FCC Rcd 25045 (2004). The call signs for which PSE requests a waiver are listed in the Attachment to this Public Notice. In addition, PSE seeks a waiver of Section 90.155 of the Commission Rules, 47 C.F.R. 90.155, requesting an extension of the construction deadlines for fourteen narrowband PLMR stations for which it is licensed. This Public Notice does not seek comment on the construction extension request. See Wireless Telecommunications Bureau, Public Safety and Homeland Security Bureau, and Office of Engineering and Technology Provide Reminders of the January 1, 2013
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-225008A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-225008A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-225008A2.txt
- completeness and accuracy of the required responses. To date, the Bureau has mailed over 300,000 audit letters to licensees. The Commission's Part 90 rules for PLMR stations require and that stations must be placed in operation within twelve months from the date of authorization, and that stations remain operational, in order for the license to remain valid. 47 C.F.R. 90.155(a), 90.157. When a licensee fails to construct its authorized PLMR facilities within its construction period, or allows its constructed station(s) to discontinue operations for a period of one year, the station license cancels automatically. See 47 C.F.R. 90.155(a), 90.157. If a station is not placed in operation within the required time, the Commission's rules require the licensee to return
- 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
- that rule. We therefore adopt our proposal to amend Section 90.149(a) to provide that licenses for stations authorized under Part 90 will be issued for a term not to exceed ten years from the date of initial issuance or renewal. Accordingly, upon grant of a current licensee's renewal application, the current licensee will receive a license for ten years. 90.155 Time in which station must be placed in operation. Sections 90.155(a) and (b) of the Commission's Rules generally require that stations authorized under Part 90 be placed in operation within eight months of the date of grant. Licensees of certain stations, however, have twelve months to implement their stations. We also note that the Part 90 Rules include provisions for
- 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
- (Commercial 700 MHz R&O). We adopted fourteen year license term for geographic area licensees in the commercial 700 MHz band. See id. As discussed immediately below, however, the ``substantial service'' deadline for state licensees will be January 1, 2017. We envision granting state licenses early in the year 2002, thus necessitating a fifteen year license term. See 47 C.F.R. 90.155(b), 90.629(b). We may defer this date (and thus extend the deadlines) if the DTV transition period for a relevant market is extended as set forth in 47 U.S.C. 309(j)(14)(B) (e.g., markets where 15% or more households do not have access to either DTV-equipped receivers or multi-channel video). In addition, given the large geographic licensing areas, each with a number
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.txt
- M and S, of the Commission's Rules, PR Docket No. 86-404, 3 FCC Rcd 1838, 1847 79 (1988) See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5583-84 117 (explaining that a holding period would be imposed to avoid sham arrangements with broadband PCS licenses). See 47 C.F.R. 1.2111(b)(1). See 47 C.F.R. 90.629. Section 90.155 requires the licensee to have its station placed in operation within twelve months from the date of grant to avoid automatic cancellation. 47 C.F.R. 90.155. Moreover, Section 90.609 requires complete construction of the radio facility prior to any transfer or assignment. 47 C.F.R. 90.609. Additionally, Section 90.157 provides that a license will cancel automatically if there is discontinuance
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1_Erratum.doc
- M and S, of the Commission's Rules, PR Docket No. 86-404, 3 FCC Rcd 1838, 1847 79 (1988) See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5583-84 117 (explaining that a holding period would be imposed to avoid sham arrangements with broadband PCS licenses). See 47 C.F.R. 1.2111(b)(1). See 47 C.F.R. 90.629. Section 90.155 requires the licensee to have its station placed in operation within twelve months from the date of grant to avoid automatic cancellation. 47 C.F.R. 90.155. Moreover, Section 90.609 requires complete construction of the radio facility prior to any transfer or assignment. 47 C.F.R. 90.609. Additionally, Section 90.157 provides that a license will cancel automatically if there is discontinuance
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-411A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-411A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-411A1.txt
- 15 FCC Rcd. at 1506, note. 39, 13 (citing Community Teleplay's contention that after being unable to develop interactive television applications, it instead focused on wireless data applications for the 218-219 MHz service); see also Celtronix Telemetry, Inc., Application for Private Land Mobile Radio Services licenses in the 218-219 MHz Band and Request for Waiver of Sections 90.127(b) and 90.155(a) of the Commission's Rules, Order, DA. 00-4000 (2000). 218-219 MHz Flex NPRM, 13 FCC Rcd. 19064. 218-219 MHz Flex Order, MO&O, and NPRM, 13 FCC Rcd. at 19066 & 19073. 218-219 MHz Order, 15 FCC Rcd. at 1532-1534 59-63. 218-219 MHz Order, 15 FCC Rcd. at 1520-1521 37-38. 218-219 MHz Order, 15 FCC Rcd. at 1520-1521 38.
- 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
- Portable Walkie Talkies To Go (July 29, 1996). Id. (citing 47 C.F.R. 90.157). Petition for Reconsideration (August 2, 1996). Id. at 1. 47 C.F.R. 90.149(a). Id. Supra note 3. Id. Application for Review at 3-4. Id. at 4-5. Supra note 4. Supra note 10. Supra note 17. 47 C.F.R. 90.157. Supra note 21. See 47 C.F.R. 90.155, 90.633(c) (1996). Id. See 47 C.F.R. 90.157 (1996). Id. Supra note 17. Id. Supra note 3. Supra note 13 at 2. Supra note 6. Supra note 13 at 3, footnote 4. See 47 C.F.R. 90.7, for a definition of ``secondary operations.'' See In the Matter of Amendment of Parts 2 and 90 of the Commission's Rules to Provide for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-341A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-341A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-341A1.txt
- a) To determine whether James A. Kay, Jr. has violated Section 308(b) of the Act and/or Section 1.17 of the Commission's Rules by failing to provide information requested in his responses to Commission inquiries; . . . . c) To determine if Kay has willfully or repeatedly violated any of the Commission's construction and operation requirements in violation of Sections 90.155, 90.157, 90.313, 90.623, 90.627, 90.631, and 90.633 of the Commission's Rules; d) To determine whether [Kay] has abused the Commission's processes by filing applications in multiple names in order to avoid compliance with the Commission's channel sharing and recovery provisions in violation of Sections 90.623 and 90.629; . . . . g) To determine, in light of the evidence adduced
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-302A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-302A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-302A1.txt
- or construction permits for public safety radio ``services'' are exempt. Thus, the Commission concluded that the ``NPR court's `plain language' analysis supports the Commission's interpretation of Section 309(j)(2)(A) set forth'' in the BBA Report and Order. BBA MO&O, 17 FCC Rcd at 7564 27. supra. 47 C.F.R. 90.371(b). July Ex Parte Comments at 66, citing 47 C.F.R. 90.155. Id., citing 47 C.F.R. 90.629. Id. Cf. Section 22.940(a)(2)(i) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. 22.940(a)(2)(i)-(iv). See LMDS Second Report and Order, 12 FCC Rcd at 12659 263-267. See, e.g., 47 C.F.R. 22.940(a)(1)(i). See ULS Report and Order, 13 FCC Rcd 21027. 47 C.F.R. 1.913(b). Allocation Report and Order, 14 FCC Rcd
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-213A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-213A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-213A1.txt
- belated invitation to extend NSTN's and other licensees' construction periods. Further, even if we were to determine that the Division erred in setting aside the license grants, it remains that the one-year construction period expired for the licenses in question. Accordingly, even if the license grants were reinstated, the licenses have cancelled automatically pursuant to the express terms of Section 90.155 of the Commission's Rules. We are therefore unable to grant NSTN the relief it seeks: the restoration of active licenses for the captioned stations. Consequently, we dismiss the AFR as moot. Conclusion. The licenses which NSTN seeks to have reinstated in its name no longer exist, having cancelled automatically due to NSTN's undisputed failure either to construct and initiate operation
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.txt
- the licensee will be ineligible to regain it. Part 90 of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation for Part 90 continues to read as follows: AUTHORITY: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7). 2. Section 90.155(d) is amended to read as follows: 90.155 Time in which station must be placed in operation. ***** (d) Multilateration LMS EA-licensees, authorized in accordance with 90.353 of this part, must construct and place in operation a sufficient number of base stations that utilize multilateration technology (see paragraph (e) of this section) to provide multilateration location service to one-third
- 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
- date of license grant or the authorization cancels immediately. We believe that the overarching purpose of our requirements in this setting, concerning construction, modification, and discontinuance of RSUs is to maintain the integrity of the information in the relevant databases by correctly reflecting the actual record concerning these issues. Therefore, we will adopt the 12-month construction requirement found in Section 90.155 of our Rules and clarify that in this setting, each construction period will commence on the date that the Wireless Telecommunications Bureau posts an RSU registration on the database. However, we will not require licensees to file notifications of compliance for each RSU as is ordinarily required by Section 1.946(d) of the Commission's Rules. We will instead rely on licensees
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-52A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-52A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-52A1.txt
- The expiration date on Morris's renewed license was February 2, 1999. The license was renewed again in 1998, for an additional five-year term. The current expiration date is February 2, 2004. Letter from Richard W. Duncan d/b/a Anderson Communications to the Federal Communications Commission (Nov. 12, 1995) (Finder's Preference Request). 47 C.F.R. 90.173(k) (1994). Failure to comply with Sections 90.155, 90.157, 90.629, and 90.633(c) or (d) of our rules could also result in channel recovery under the finder's preference rules. Id. Finder's Preference Request at 2. Finder's Preference Request at 2. Letter from Anne Marie Wypijewski and William H. Kellet, Office of Operations, to Morris Communications, Inc. (Jan. 17, 1996) (Compliance File No. 96F092). Morris was given thirty days to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-86A1.txt
- those frequencies to the finder. On January 5, 1994, Kay filed a finder's preference request against call sign WNJF770, a conventional Specialized Mobile Radio (SMR) station, formerly licensed in the 800 MHz General Category frequency pool to Stanley W. Harris d/b/a Western Communications Company (Harris) in San Bernadino, CA. In his request, Kay alleged that Harris violated former rule section 90.155(a), which provided that, if a conventional 800 MHz station is not placed in operation within eight months from the date of grant, the authorization cancels automatically. The rule also required that to be considered operational, the station must have at least one associated mobile unit in operation. Kay argued that Harris violated this rule by failing to have any mobile
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-99A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-99A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-99A1.txt
- of frequencies in the 4940-4990 MHz band. * * * * * 7. Section 90.137 is amended by adding a new paragraph (c) to read as follows: 90.137 Applications for operation at temporary locations. * * * * * (c) The provisions of this section do not apply to the 4940-4990 MHz band. * * * * * 8. Section 90.155 is amended by revising paragraph (a) to read as follows: 90.155 Time in which a station must be placed in operation. (a) All stations authorized under this part, except as provided in 90.629, 90.631(f), 90.665, 90.685 and 90.1209 must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.txt
- for successful communications. * * * * * Part 90 of Title 47 of the Code of Federal Regulations is amended as follows: 13. The authority citation for Part 90 continues to read as follows: AUTHORITY: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7). 14. Section 90.155 is amended by revising paragraph (d) to read as follows: 90.155 Time in which station must be placed in operation. (a) * * * (b) * * * (c) * * * (d) Multilateration LMS EA-licensees, authorized in accordance with 90.353 of this part, must construct and place in operation a sufficient number of base stations that utilize
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.txt
- safety entities to lease spectrum to other entities eligible under private land mobile entities that are eligible under Part 90 services); St. Clair County Reply Comments at 2-3 (general support for permitting public safety entities to lease spectrum to commercial entities). Additionally, we note that applicable buildout requirements also act as constraints against spectrum warehousing. See, e.g., 47 C.F.R. 90.155(a), (b). See APCO Comments at 1-6; CTIA Comments at 4-5; SBC Comments at 13; Winstar Comments at 3; ITA Reply Comments at 9-10. For instance, one commenter representing public safety officials expressed ``grave concerns'' about potential harm that might result if public safety entities were to lease spectrum on a commercial basis. It pointed out possible significant statutory barriers to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1.txt
- as Amended, Second Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 3034, 3047 n. 5. See Nextel Comments at 65. See also Ad Hoc Wireless Alliance Comments at 8-10. supra. BBA R&O and FNPRM, 15 FCC Rcd 22709, 22774 144. Moreover, we believe our existing rules also provide necessary safeguards. See 47 C.F.R. 90.155 (requires licensees to have stations placed in operation within twelve months from the date of grant to avoid automatic cancellation; 47 C.F.R. 90.609 (requires complete construction of a radio facility prior to any transfer or assignment) and 47 C.F.R. 90.157 (licenses will cancel automatically if there is a discontinuance of station operation for twelve months or more). See 47
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1_Erratum.doc
- as Amended, Second Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 3034, 3047 n. 5. See Nextel Comments at 65. See also Ad Hoc Wireless Alliance Comments at 8-10. supra. BBA R&O and FNPRM, 15 FCC Rcd 22709, 22774 144. Moreover, we believe our existing rules also provide necessary safeguards. See 47 C.F.R. 90.155 (requires licensees to have stations placed in operation within twelve months from the date of grant to avoid automatic cancellation; 47 C.F.R. 90.609 (requires complete construction of a radio facility prior to any transfer or assignment) and 47 C.F.R. 90.157 (licenses will cancel automatically if there is a discontinuance of station operation for twelve months or more). See 47
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-21A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-21A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-21A1.txt
- NextWave Petition at 4 n.12 (quoting Letter from Amy J. Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau to John A. Prendergast, Esq., Counsel for New Wave Networks, L.L.C., 14 FCC Rcd 6323 (1999)). NextWave 1998 Petition at 7 (citations omitted). 47 C.F.R. 1.2107(b). Id. 1.2109(c). Id. 1.2110(g)(1). See, e.g., id. 1.946(c), 24.103(h); 24.203(a),(b); 90.155(a); 90.633(d); 101.1011(a); 101.1325(c). Id. Letter from William E. Kennard, General Counsel, and Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, to Leonard J. Kennedy, Esquire, and Richard C. Denning, Esquire, 11 FCC Rcd 21,572 (1996) (``Letter''). MetroPCS Petition at 3, 10. Letter, 11 FCC Rcd at 21,576. Id. (citing Debt Collection Act, as amended, 31 U.S.C. Chapter 37).
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-174A1_Erratum.pdf
- to public safety eligibles, and in the following two years, only public safety and CII eligibles may apply for such channels.247 The three-year and two-year (cumulatively five-year) periods must be measured from the date that band reconfiguration is completed in a given NPSPAC region.248 In response to the requests of several parties,249 we note that the construction requirements of Section 90.155 of our rules continue to apply to these channels, including those pertaining to the ability of public safety licensees to seek extended implementation pursuant to section 90.629 of our rules.250 90. Because of the limitations on public safety entities operating in the Guard Band and the Expansion Band, the foregoing eligibility restriction applies only to vacated spectrum below the Expansion
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-110A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-110A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-110A1.txt
- construction notification is to maintain the integrity of the information in the relevant databases by correctly reflecting the actual record, and we conclude that requiring construction notification furthers this purpose. Licensees whose RSU sites are registered prior to the release of this MO&O are not required to file construction notifications for the sites. However, we remind those licensees that Section 90.155(i) of our Rules still requires that these grandfathered locations be constructed within one year of their respective registration dates or the authority to operate the RSU cancels automatically. Thus, we grant ARINC's petition as to this construction notification to the extent discussed above. ARINC also argues that interference protection should be based on the date the licensee places an RSU
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-24A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-24A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-24A1.txt
- restrictions. See infra paras. 26-33. Note US218 to the U.S. Table of Allocations provides that the 902-928 MHz band is available for LMS provided that LMS systems do not cause harmful interference to federal stations, and that they tolerate interference from ISM devices and federal stations in the band. See 47 C.F.R. 2.106 n.US218. See, e.g., 47 C.F.R. 90.155(d), (e). See supra note 1. In this regard, we only seek comment on non-Part 90 rule changes that relate to M-LMS operations in the M-LMS Band. 47 C.F.R. 90.205(k). 47 C.F.R. 15.247. In a spread spectrum system, information is conveyed by modulation of a carrier by some conventional means, and the bandwidth is deliberately widened by a spreading
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
- Frequency Table Frequency or band Class of station(s) Limitations Coordinator * * * * 470-512 Base or mobile 68 763-775 Base, mobile 77 PX 793-805 Mobile 77 PX 806-817 do 69 * * * * (d) * * * (77) Subpart R of this part contains rules for assignment of channels in the 763-775 MHz and 793-805 MHz bands. Section 90.155 is amended by revising paragraph (a) to read as follows: 90.155 Time in which station must be placed in operation. (a) All stations authorized under this part, except as provided in sections 90.528, 90.529, 90.629, 90.631(f), 90.665, 90.685, and 90.1209, must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
- Frequency Table Frequency or band Class of station(s) Limitations Coordinator * * * * 470-512 Base or mobile 68 763-775 Base, mobile 77 PX 793-805 Mobile 77 PX 806-817 do 69 * * * * (d) * * * (77) Subpart R of this part contains rules for assignment of channels in the 763-775 MHz and 793-805 MHz bands. Section 90.155 is amended by revising paragraph (a) to read as follows: 90.155 Time in which station must be placed in operation. (a) All stations authorized under this part, except as provided in sections 90.528, 90.529, 90.629, 90.631(f), 90.665, 90.685, and 90.1209, must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.txt
- MHz proceeding, provides that a renewal applicant ``must make a showing of substantial service, independent of its performance requirements, as a condition for renewal at the end of each license term.'' 47 C.F.R. 27.14(e). See, e.g., 47 C.F.R. 22.503(k)(1), (2) (paging MEA and EA licensees); 24.103(a)-(c) (narrowband PCS); 24.203(a), (b) (broadband PCS); 27.14(g), (h) (WCS 700 MHz licensees); 90.155(d) (multilateration LMS EA licensees); 90.665(c) (SMR MTA licensees); 90.685(b) (SMR EA licensees); 90.767 (220-222 MHz EA and Regional licensees); 90.769 (220-222 MHz Phase II nationwide licensees); 101.1325 (MAS EA licensees); 101.1413 (MVDDS). See, e.g., 47 C.F.R. 22.503(k)(3) (paging MEA and EA licensees); 22.873 (commercial aviation air-ground licensees); 24.103(a)-(d) (narrowband PCS); 24.203(d) (broadband PCS); 27.14(a) (AWS and WCS); 80.49(a)(1) (VHF
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
- MHz proceeding, provides that a renewal applicant "must make a showing of substantial service, independent of its performance requirements, as a condition for renewal at the end of each license term." 47 C.F.R. 27.14(e). 63See, e.g., 47 C.F.R. 22.503(k)(1), (2) (paging MEA and EA licensees); 24.103(a)-(c) (narrowband PCS); 24.203(a), (b) (broadband PCS); 27.14(g), (h) (WCS 700 MHz licensees); 90.155(d) (multilateration LMS EA licensees); 90.665(c) (SMR MTA licensees); 90.685(b) (SMR EA licensees); 90.767 (220-222 MHz EA and Regional licensees); 90.769 (220-222 MHz Phase II nationwide licensees); 101.1325 (MAS EA licensees); 101.1413 (MVDDS). 64See, e.g., 47 C.F.R. 22.503(k)(3) (paging MEA and EA licensees); 22.873 (commercial aviation air-ground licensees); 24.103(a)-(d) (narrowband PCS); 24.203(d) (broadband PCS); 27.14(a) (AWS and WCS); 80.49(a)(1) (VHF
- 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
- Different procedures have evolved in different services for verifying whether licensees have in fact met these requirements. In some wireless radio services, the rules provide that licenses are cancelled if the licensee fails to notify the Commission that it has met its construction or coverage requirement. In other 92 Federal Communications Commission FCC 98-25 See, e.g., 47 C.F.R. 22.142, 90.155, 90.629, 101.63, 101.65. 93 See, e.g., 47 C.F.R. 24.203, 90.665, 90.833, 95.833. 94 We would notify the licensee via the Postal Service unless, in its application, the licensee had specified an e- 95 mail address and requested that the Commission send notifications to that address. See proposed rule 47 C.F.R. 1.946(d). 96 See proposed rule 47 C.F.R.
- http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.wp
- option, we conclude that the notice and waiting-period provisions adopted in the Refarming Second Report and Order are the most practical methods by which accurate frequency coordination decisions can be made.266 Specifically, all frequency coordinators must FEDERAL COMMUNICATIONS COMMISSION FCC 98-191 267 See para. 100 supra. 268 See Second Notice, 12 FCC Rcd at 17,777, referring to 47 C.F.R. 90.155 (a) and 90.631(e). 269 Second Notice, 12 FCC Rcd at 17,777. 270 Second Notice, 12 FCC Rcd at 17,777-78. 271 See, e.g., NPSTC Comments at 46; Florida Comments at 8; Long Beach, CA Comments at 6; California Comments at para. 47; NYS Police Comments at 8. 272 NPSTC Comments at 46. 273 Florida Comments at 8. 274 See, e.g.,
- http://transition.fcc.gov/eb/Public_Notices/da001311.doc http://transition.fcc.gov/eb/Public_Notices/da001311.html
- Installation) WQ-2511, Captree, NY. New York, NY Office (5/19/00). 47 C.F.R. 80.927 (Antenna Radio Frequency Indicator) Harbor Cruises, LTD, WTF9350, Baltimore, MD. Columbia, MD Office (5/26/00). 47 C.F.R. Part 87 (Aviation Services) 47 C.F.R. 87.187 (Frequencies) Molokai Lanai Air Shuttle, Honolulu, HI. Honolulu, HI Office (5/2/00). 47 C.F.R. Part 90 (Private Land Mobile Radio Service) 47 C.F.R. 90.155 (Time in Which Station Must Be Placed in Operation) Elwyn, Inc., Elwyn PA. NOV also issued for violation of 47 C.F.R. 90.267 (Assignment and Use of Frequencies in the 450-470 MHz Band for Low Power Use), 90.425 (Station Identification), and 90.463 (Transmitter Control Points). Philadelphia, PA Office (5/8/00). 47 C.F.R. 90.157 (Discontinuance of Station Operation) Olde City Coaches
- http://transition.fcc.gov/eb/Public_Notices/da001850.doc http://transition.fcc.gov/eb/Public_Notices/da001850.html
- Resident Agent Office (7/18/00). 47 C.F.R. 80.911 - VHF Transmitter Maalaea Sport Fishing, Inc., Lahaina, HI. Honolulu, HI Resident Agent Office (7/18/00). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.187 - Frequencies Washin Air Inc., Honolulu, HI. Honolulu, HI Resident Agent Office (7/19/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. 90.155 - Time in Which Station Must Be Placed in Operation Frequency Plus Corporation, WPMH-547, East Brunswick, NJ. New York, NY District Office (7/26/00). . Ms. Barbara Merrile, WPMC-977, Brick, NJ. New York, NY District Office (7/26/00). 47 C.F.R. 90.173 - Policies Governing Assignment of Frequencies Foster Wheeler Environmental, Commerce City, Colorado. Other violations: 47 C.F.R. 90.233 (Base/mobile non-voice
- http://transition.fcc.gov/eb/Public_Notices/da00996.doc http://transition.fcc.gov/eb/Public_Notices/da00996.html
- OH. Detroit, MI Office (4/20/00). MediaOne of Southeast Michigan, Westland, MI. Detroit, MI Office (4/21/00). MediaOne of Southeast Michigan, Westland, MI. Detroit, MI Office (4/21/00). 47 C.F.R. Part 87 (Aviation Services) 47 C.F.R. 87.197 (ELT Test Procedures) Harrisburg Jet Center, Inc., Harrisburg, PA. Philadelphia, PA Office (4/26/00). 47 C.F.R. Part 90 (Private Land Mobile Radio Service) 47 C.F.R. 90.155 (Time in Which Station Must Be Placed in Operation) West Conshohocken Marriott, WNWW868, West Conshohocken, PA. NOV also issued for violation of 47 C.F.R. 90.267 and 90.437. Philadelphia, PA Office (4/3/00). 47 C.F.R. 90.157 (Discontinuance of Station Operation) D. M. Sabia & Company, Inc., WQZ909, Conshohocken, PA. Philadelphia, PA Office (4/25/00). Robert Grays & Sons, Inc., WRU626, Holland,
- http://transition.fcc.gov/eb/Public_Notices/da011019.doc http://transition.fcc.gov/eb/Public_Notices/da011019.html
- Honolulu, HI. Honolulu, HI Resident Agent Office (3/12/01). Gail Ann Company, Inc., Braneget Light, NJ. Honolulu, HI Resident Agent Office (3/30/01). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.193 - Scope of Service Ray Hammons, Jr., Corporation, Wilmington, DE. San Francisco, CA District Office (3/19/01). 47 C.F.R. Part 90 -Private Land Mobile Radio Services 47 C.F.R. 90.155 - Time in which Station Must Be Placed in Operation Klaus D. Kramer (KNJM968), Oklahoma City, OK. Dallas, TX District Office (3/12/01). 47 C.F.R. 90.173 - Policies Governing the Assignment of Frequencies GP Solutions, Denver, Colorado. Other violations: 47 C.F.R. 90.233 (Base/Mobile Non-Voice Operations) and 90.403 (General Operating Requirements). Denver, CO District Office (3/15/01). 47 C.F.R. 90.403
- http://wireless.fcc.gov/auctions/00a/releases/fc000411.doc http://wireless.fcc.gov/auctions/00a/releases/fc000411.pdf http://wireless.fcc.gov/auctions/00a/releases/fc000411.txt
- 15 FCC Rcd. at 1506, note. 39, 13 (citing Community Teleplay's contention that after being unable to develop interactive television applications, it instead focused on wireless data applications for the 218-219 MHz service); see also Celtronix Telemetry, Inc., Application for Private Land Mobile Radio Services licenses in the 218-219 MHz Band and Request for Waiver of Sections 90.127(b) and 90.155(a) of the Commission's Rules, Order, DA. 00-4000 (2000). 218-219 MHz Flex NPRM, 13 FCC Rcd. 19064. 218-219 MHz Flex Order, MO&O, and NPRM, 13 FCC Rcd. at 19066 & 19073. 218-219 MHz Order, 15 FCC Rcd. at 1532-1534 59-63. 218-219 MHz Order, 15 FCC Rcd. at 1520-1521 37-38. 218-219 MHz Order, 15 FCC Rcd. at 1520-1521 38.
- http://wireless.fcc.gov/auctions/07/releases/oor95395.pdf http://wireless.fcc.gov/auctions/07/releases/oor95395.txt http://wireless.fcc.gov/auctions/07/releases/oor95395.wp
- person may seek a dispositive preference for a channel assigned on an exclusive basis in the 220-222 MHz, 470-512 MHz, and 800 MHz bands by submitting information that leads to the recovery of channels in these bands. Recovery of such channels must result from information provided regarding the failure of existing 77 licensees to comply with the provisions of 90.155, 90.157, 90.629, 90.631 (e) or (f), or 90.633 (c) or (d). Any recovered channels in the 900 MHz SMR service will revert automatically to the MTA licensee. * * * * * 3. Section 90.617(d) is amended by revising Table 4B to read as follows: 90.617 Frequencies in the 809.750-824/854.750-869 MHz, and 896-901/935-940 MHz bands available for trunked or
- http://wireless.fcc.gov/auctions/16/releases/da982496.pdf http://wireless.fcc.gov/auctions/16/releases/da982496.txt http://wireless.fcc.gov/auctions/16/releases/da982496.wp
- to alphanumeric paging), and data transmission capabilities.10 3. While 800 MHz Business and I/LT channels are no longer available for SMR use, Southern 11 states that it relied upon the Commission's former inter-category sharing rule to convert its Business and I/LT 12 Federal Communications Commission DA 98-2496 Waiver Request at 5. 13 47 C.F.R. 90.621(e)(1). 14 47 C.F.R. 90.155(a). 15 See former rule 47 C.F.R. 90.629 (1994). 16 See Letter from David L. Furth, Chief, Commercial Wireless Division, FCC, to Christine M. Gill, counsel 17 for Southern (Feb. 9, 1998). Waiver Request at 2, 4. The Supplement, however, indicates that some sites have not been constructed at all. 18 Because the grounds for our decision apply regardless of
- http://wireless.fcc.gov/auctions/18/releases/fc960027.pdf http://wireless.fcc.gov/auctions/18/releases/fc960027.txt http://wireless.fcc.gov/auctions/18/releases/fc960027.wp
- 30. Section 90.725(f) the Commission's Rules currently specifies that non-nationwide 220 MHz licensees must construct their base station on all authorized channels and place their station in operation within a specified time period or their license cancels automatically.'' When the 50 rules for the 220 MHz service were adopted in 1991, the term placed in operation'' was defined in Section 90.155 of the Rules, which indicated that a base station is not considered placed in operation'' unless at least one associated mobile station is also placed in operation. However, since that time, we established the Commercial Mobile Radio Service, and in the CMRS Third Report and Order we decided that Part 90 CMRS licensees would be required to commence service to
- http://wireless.fcc.gov/auctions/21/releases/fc950041.pdf
- and placed in operation if at least one base station has been constructed aad the system is providing setice to at least one mobile radio unit.As they may do currently, a local government entity quiring more than eight months to construct a non-multilateration LMS system because of the system's size and complexity can request extended implementation in accordance with Section 90.155(b) of our Rules. 60. We recognize that multilateration LMS systems, because they will be licensed on an MTA basis, will likely be larger and more complex than non-multilateration LMS systems.Rather than imposing benchmarks and reporting rquirements on these systems for all or part of their license term, we will require a mukilateration LMS licensee authorized to operate throughout an MT+A
- http://wireless.fcc.gov/auctions/21/releases/fc960115.pdf http://wireless.fcc.gov/auctions/21/releases/fc960115.txt http://wireless.fcc.gov/auctions/21/releases/fc960115.wp
- AVM Licensees. * * * * * (d) Multilateration AVM licensees for stations that were not constructed and placed in operation on or before February 3, 1995 must construct their LMS systems and place them in operation on the spectrum identified in their LMS system license on or before September 1, 1996, or their licenses will cancel automatically (see Section 90.155 (e)). Also, these licenses will cancel automatically on [insert date 60 days after publication in the Federal Register] unless timely modification applications are filed on or before this date (see paragraph (a)). * * * * * Amendment of Part 90 of the Commission's Rules to Adopt Regulations for 82 Automatic Vehicle Monitoring Systems, Report and Order, PR Docket No.
- http://wireless.fcc.gov/auctions/21/releases/fc970305.pdf http://wireless.fcc.gov/auctions/21/releases/fc970305.txt http://wireless.fcc.gov/auctions/21/releases/fc970305.wp
- Economic Areas (EAs) as defined by the Department of Commerce Bureau of Economic Analysis. The EA Listings and the EA Map are available for public inspection at the Wireless Telecommunications Bureau's public reference room, Room 5608, 2025 M Street, NW, Washington, DC 20554 and Office of Operations--Gettysburg, 1270 Fairfield Road, Gettysburg, PA 17325. * * * * * 4. Section 90.155 is amended by revising paragraph (d) to read as follows: 90.155 Time in which station must be placed in operation. * * * * * (d) Multilateration LMS systems authorized in accordance with Section 90.353 must be constructed and placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be
- http://wireless.fcc.gov/auctions/21/releases/fc980157.pdf http://wireless.fcc.gov/auctions/21/releases/fc980157.txt http://wireless.fcc.gov/auctions/21/releases/fc980157.wp
- 47 of the Code of Federal Regulations, Part 90 is amended as follows: Part 90 - Private Land Mobile Radio Services 1. The authority citation for Part 90 continues to read as follows: Authority: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 332, unless otherwise noted. 2. Section 90.155 is amended by revising paragraph (d) to read as follows: 90.155 Time in which station must be placed in operation. * * * * * (d) Multilateration LMS EA-licensees, authorized in accordance with Section 90.353, must construct and place in operation a sufficient number of base stations that utilize multilateration technology (see paragraph (e) of this section) to provide
- http://wireless.fcc.gov/auctions/21/releases/lmsbp_g.pdf
- and placed in operation if at least one base station has been constructed aad the system is providing setice to at least one mobile radio unit.As they may do currently, a local government entity quiring more than eight months to construct a non-multilateration LMS system because of the system's size and complexity can request extended implementation in accordance with Section 90.155(b) of our Rules. 60. We recognize that multilateration LMS systems, because they will be licensed on an MTA basis, will likely be larger and more complex than non-multilateration LMS systems.Rather than imposing benchmarks and reporting rquirements on these systems for all or part of their license term, we will require a mukilateration LMS licensee authorized to operate throughout an MT+A
- 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
- M and S, of the Commission's Rules, PR Docket No. 86-404, 3 FCC Rcd 1838, 1847 79 (1988) See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5583-84 117 (explaining that a holding period would be imposed to avoid sham arrangements with broadband PCS licenses). See 47 C.F.R. 1.2111(b)(1). See 47 C.F.R. 90.629. Section 90.155 requires the licensee to have its station placed in operation within twelve months from the date of grant to avoid automatic cancellation. 47 C.F.R. 90.155. Moreover, Section 90.609 requires complete construction of the radio facility prior to any transfer or assignment. 47 C.F.R. 90.609. Additionally, Section 90.157 provides that a license will cancel automatically if there is discontinuance
- http://wireless.fcc.gov/licensing/index.htm?job=const_req_by_service
- 90.767 601 Main Form and Schedule K Below 700 MHz (except 220 MHz) Must be placed into operation within 12 months of license grant. Alternatively, local government in the Public Safety Pool may apply for extended implementation - up to 5 years may be authorized for constructing and placing a system in operation. IG, IK, YG, YK, PW, YW, RS 90.155, 90.629 601 Main Form and Schedule K 700 MHz Interoperability Channels Construct and place into operation within 12 months of initial grant. Alternatively, may apply for extended implementation - up to 5 years may be authorized for constructing and placing a system in operation. SG, SY 90.551, 90.155(b) 601 Main Form and Schedule K 700 MHz State Licenses State must
- http://wireless.fcc.gov/releases/fcc00-348.doc http://wireless.fcc.gov/releases/fcc00-348.pdf
- (Commercial 700 MHz R&O). We adopted fourteen year license term for geographic area licensees in the commercial 700 MHz band. See id. As discussed immediately below, however, the ``substantial service'' deadline for state licensees will be January 1, 2017. We envision granting state licenses early in the year 2002, thus necessitating a fifteen year license term. See 47 C.F.R. 90.155(b), 90.629(b). We may defer this date (and thus extend the deadlines) if the DTV transition period for a relevant market is extended as set forth in 47 U.S.C. 309(j)(14)(B) (e.g., markets where 15% or more households do not have access to either DTV-equipped receivers or multi-channel video). In addition, given the large geographic licensing areas, each with a number
- http://wireless.fcc.gov/services/index.htm?job=licensing&id=industrial_business
- FCC. In addition, you may apply for a [48]Special Temporary Authority to operate during emergency or other urgent conditions without filing a license application. 5. Notification of Construction A licensee must notify the Commission that its system is constructed and placed into operation within 12 months of the date of grant or their license will automatically cancel. (See [49]47 CFR 90.155(a)). Notification is made by filing FCC Form 601 through ULS (Purpose Code: NT). You may also request an extension of the construction period through Form 601 before the expiration of the construction period. This filing must be made within 15 days of the expiration of the applicable construction period. (See [50]47 CFR 1.946 (d)). You may also request an extension
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000419.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000419.txt
- an ``emergency back-up channel'' for his school district customers' communications with their bus drivers. Based on the above, we find that Marzec has demonstrated that Power violated the terms of his license by conducting mobile operations. We now turn to Power's affirmative defenses to Marzec's claim. Power argues that his conduct is excusable because he is allegedly required by sections 90.155(c) and 90.167(c) of the Commission's rules ``to operate with at least one mobile unit in order to maintain his station's operation or risk cancellation of his license.'' In essence, Power argues that he is permitted to violate one set of Commission requirements (his license) in order to comply with another (sections 90.155(c) and 90.167(b)). This reasoning ignores a basic principle
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000996.doc
- OH. Detroit, MI Office (4/20/00). MediaOne of Southeast Michigan, Westland, MI. Detroit, MI Office (4/21/00). MediaOne of Southeast Michigan, Westland, MI. Detroit, MI Office (4/21/00). 47 C.F.R. Part 87 (Aviation Services) 47 C.F.R. 87.197 (ELT Test Procedures) Harrisburg Jet Center, Inc., Harrisburg, PA. Philadelphia, PA Office (4/26/00). 47 C.F.R. Part 90 (Private Land Mobile Radio Service) 47 C.F.R. 90.155 (Time in Which Station Must Be Placed in Operation) West Conshohocken Marriott, WNWW868, West Conshohocken, PA. NOV also issued for violation of 47 C.F.R. 90.267 and 90.437. Philadelphia, PA Office (4/3/00). 47 C.F.R. 90.157 (Discontinuance of Station Operation) D. M. Sabia & Company, Inc., WQZ909, Conshohocken, PA. Philadelphia, PA Office (4/25/00). Robert Grays & Sons, Inc., WRU626, Holland,
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001311.doc
- Installation) WQ-2511, Captree, NY. New York, NY Office (5/19/00). 47 C.F.R. 80.927 (Antenna Radio Frequency Indicator) Harbor Cruises, LTD, WTF9350, Baltimore, MD. Columbia, MD Office (5/26/00). 47 C.F.R. Part 87 (Aviation Services) 47 C.F.R. 87.187 (Frequencies) Molokai Lanai Air Shuttle, Honolulu, HI. Honolulu, HI Office (5/2/00). 47 C.F.R. Part 90 (Private Land Mobile Radio Service) 47 C.F.R. 90.155 (Time in Which Station Must Be Placed in Operation) Elwyn, Inc., Elwyn PA. NOV also issued for violation of 47 C.F.R. 90.267 (Assignment and Use of Frequencies in the 450-470 MHz Band for Low Power Use), 90.425 (Station Identification), and 90.463 (Transmitter Control Points). Philadelphia, PA Office (5/8/00). 47 C.F.R. 90.157 (Discontinuance of Station Operation) Olde City Coaches
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001850.doc
- Resident Agent Office (7/18/00). 47 C.F.R. 80.911 - VHF Transmitter Maalaea Sport Fishing, Inc., Lahaina, HI. Honolulu, HI Resident Agent Office (7/18/00). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.187 - Frequencies Washin Air Inc., Honolulu, HI. Honolulu, HI Resident Agent Office (7/19/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. 90.155 - Time in Which Station Must Be Placed in Operation Frequency Plus Corporation, WPMH-547, East Brunswick, NJ. New York, NY District Office (7/26/00). . Ms. Barbara Merrile, WPMC-977, Brick, NJ. New York, NY District Office (7/26/00). 47 C.F.R. 90.173 - Policies Governing Assignment of Frequencies Foster Wheeler Environmental, Commerce City, Colorado. Other violations: 47 C.F.R. 90.233 (Base/mobile non-voice
- 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
- Different procedures have evolved in different services for verifying whether licensees have in fact met these requirements. In some wireless radio services, the rules provide that licenses are cancelled if the licensee fails to notify the Commission that it has met its construction or coverage requirement. In other 92 Federal Communications Commission FCC 98-25 See, e.g., 47 C.F.R. 22.142, 90.155, 90.629, 101.63, 101.65. 93 See, e.g., 47 C.F.R. 24.203, 90.665, 90.833, 95.833. 94 We would notify the licensee via the Postal Service unless, in its application, the licensee had specified an e- 95 mail address and requested that the Commission send notifications to that address. See proposed rule 47 C.F.R. 1.946(d). 96 See proposed rule 47 C.F.R.
- http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.wp
- option, we conclude that the notice and waiting-period provisions adopted in the Refarming Second Report and Order are the most practical methods by which accurate frequency coordination decisions can be made.266 Specifically, all frequency coordinators must FEDERAL COMMUNICATIONS COMMISSION FCC 98-191 267 See para. 100 supra. 268 See Second Notice, 12 FCC Rcd at 17,777, referring to 47 C.F.R. 90.155 (a) and 90.631(e). 269 Second Notice, 12 FCC Rcd at 17,777. 270 Second Notice, 12 FCC Rcd at 17,777-78. 271 See, e.g., NPSTC Comments at 46; Florida Comments at 8; Long Beach, CA Comments at 6; California Comments at para. 47; NYS Police Comments at 8. 272 NPSTC Comments at 46. 273 Florida Comments at 8. 274 See, e.g.,
- http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991900.doc
- December 14, 1995, Barbara Lindsey filed the above captioned finder's preference request. The request seeks a preference for Station WPFS947. The Commission granted a license for Station WPFS947 to Thomas Keach on October 5, 1994. At the time, the construction deadline for a conventional channel was eight months after the grant date of the license, pursuant to 47 C.F.R. 90.155. The construction deadline for this station was therefore June 5, 1995. The request alleges that Mr. Keach did not construct by this deadline. Mr. Keach did, however, request a waiver of this deadline on August 25, 1995. This waiver request was pending when Ms. Lindsey filed the above captioned request. The Commission denied Mr. Keach's waiver request on July 31,
- http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991917.doc
- WPFS946 licensed to Michael R. Toohey. For the reasons that follow, Liberty's Petition for Reconsideration is denied. II. Background The Commission granted a license for Station WPFS946 to Michael R. Toohey on October 5, 1994. At the time, the construction deadline for a conventional channel was eight months after the grant date of the license, pursuant to 47 C.F.R. 90.155. The construction deadline for this station was therefore June 5, 1995. The request alleges that Mr. Keach did not construct by this deadline. Mr. Toohey did, however, request a waiver of this deadline on September 7, 1995. On December 14, 1995, Liberty filed the above captioned finder's preference request. The request requested a preference for Station WPFS946. This waiver request
- http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992170.doc
- October 13, 1999 Released: October 14, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: On June 25, 1998, Southern California Gas Company (SoCal) submitted a petition for reconsideration of a decision by the Licensing and Technical Analysis Branch (Branch), Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, denying SoCal's request for waiver of Section 90.155(a) of the Commission's Rules, 47 C.F.R. 90.155, and for an extended implementation schedule to construct the facilities authorized under Call Sign WPKJ571. Based on the record in this proceeding, including, documentation received from SoCal, we conclude that SoCal's request should be granted in part and denied in part. Specifically, we grant SoCal's request to reinstate the five frequencies that
- http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992830.doc
- superseded by 47 C.F.R. 1.925. 47 C.F.R. Part 90. Hauppauge's original waiver request specified applicable provisions of 47 C.F.R. 90.23(c)(2) (1996), limiting the usage of the subject frequency to the former Highway Maintenance Radio Service. 47 C.F.R. 90.23(c)(2) was superseded by 47 C.F.R. 90.20(d)(21) and (22). In addition, Hauppauge requested a waiver of 47 C.F.R. 90.155(b) (1996), in order to permit an extended construction period of up to four years. Hauppauge Fire District Application for License Modification and Request for Waiver and Extended Implementation Period, Fire Radio Station KEC785, together File No. D090161, filed July 16, 1997 (Waiver Request). See Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251 (1997), 3004. Message
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000400.doc
- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Celtronix Telemetry, Inc. Application for Private Land Mobile Radio Services licenses in the 218-219 MHz Band and Request for Waiver of Sections 90.127(b) and 90.155(a) of the Commission's Rules ) ) ) ) ) ) ) ) ) File Number D128959 Adopted: February 25, 2000 Released: March 15, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction We have before us an application and waiver request filed by Celtronix Telemetry, Inc. (Celtronix) seeking authority to provide vehicle tracking services by
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000401.doc
- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Telemetron, Inc. Applications for Private Land Mobile Radio Services Licenses in the 218-219 MHz Band and Requests for Waivers of Sections 90.127(b) and 90.155(a) of the Commission's Rules ) ) ) ) ) ) ) ) ) File Numbers D125581 and D133075 Adopted: February 25, 2000 Released: March 15, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction We have before us applications and waiver requests filed by Telemetron, Inc. (Telemetron) seeking authority to provide vehicle tracking services by
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000650.doc
- we find no basis to reverse the Branch's action. Background. On March 26, 1997, Aircraft Service International Inc. (Aircraft Service) filed a finder's preference request targeting Bob Hills's authorization to operate Station KCQ805 at its Signal Hill, California site. Aircraft Service, a co-channel licensee, alleged that Bob Hills had failed to construct the Signal Hill site, in violation of Section 90.155 of the Commission's Rules. 3. On May 19, 1999, the Branch dismissed the request on the grounds that the construction and operational status of Station KCQ805's Signal Hill site already was the subject of a Commission compliance review. In addition, the Branch stated that because such compliance review was initiated prior to the filing of Aircraft Service's request, Station KCQ805
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000659.doc
- Branch denied Peak's finder's preference request targeting San Diego, California Station WNQL565, licensed to Cox Communications, Inc. (Cox). For the reasons stated below, Peak's Petition is dismissed. 2. On February 11, 1998, Peak filed the Request targeting Cox's authorization to operate Station WNQL565. Peak alleged that Cox had failed to timely place Station WNQL565 in operation, in violation of Section 90.155 of the Commission's Rules, and failed to continuously operate Station WNQL565, in violation of Section 90.157 of the Commission's Rules. The Branch denied Peak's Request on August 23, 1999. On September 28, 1999, six days after the filing deadline in which to file a petition for reconsideration, Peak submitted its Petition. 3. Section 405 of the Communications Act of 1934,
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001943.doc
- 47 C.F.R. 1.106(g). See e.g., In the Matter of Nextel Communications, Inc., Order, 13 FCC Rcd. 281 (Holding that a ``Petition for Special Relief'' filed beyond 30 days constituted a late filed petition for reconsideration and was subject to dismissal). See n. 9, supra. But see n. 14, supra. Finder's Preference Report and Order at 7305 49. Sections 90.155, 90.157, 90.629, 90.631 (e) or (f), and 90.633 (c) or (d) were the only sections the violation of which constituted a basis for a finder's preference request. 47 C.F.R. 90.173(k). See also Finder's Report and Order at 7305, 49. Finder's Report and Order at 7308, 68. Petition at 2-4, 3-6. See 47 C.F.R. 90.173(k)(1994). 47 C.F.R.
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00070.doc
- Portable Walkie Talkies To Go (July 29, 1996). Id. (citing 47 C.F.R. 90.157). Petition for Reconsideration (August 2, 1996). Id. at 1. 47 C.F.R. 90.149(a). Id. Supra note 3. Id. Application for Review at 3-4. Id. at 4-5. Supra note 4. Supra note 10. Supra note 17. 47 C.F.R. 90.157. Supra note 21. See 47 C.F.R. 90.155, 90.633(c) (1996). Id. See 47 C.F.R. 90.157 (1996). Id. Supra note 17. Id. Supra note 3. Supra note 13 at 2. Supra note 6. Supra note 13 at 3, footnote 4. See 47 C.F.R. 90.7, for a definition of ``secondary operations.'' See In the Matter of Amendment of Parts 2 and 90 of the Commission's Rules to Provide for
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00094.doc
- No. 981068, filed by CCI, May 1, 1991. Letter of Loren McQueen, CCI, to Technical Staff, Federal Communications Commission, date-stamped June 2, 1994. Letter of Scott R. McQueen, Vice President, CCI, to Federal Communications Commission, dated February 3, 1995. Letter of Gary A. Devlin, Engineer, Land Mobile Branch, to Scott R. McQueen, Vice President, CCI, dated March 3, 1995. Section 90.155(a) of the Commission's rules states that if a licensee does not meet its construction deadline ``the authorization cancels automatically and must be returned to the Commission.'' 47 C.F.R. 90.155(a). In this instance, however, the license was not removed from the relevant computer database because CCI submitted another request with new evidence soon thereafter (see infra 5). The Branch
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00235.doc
- that rule. We therefore adopt our proposal to amend Section 90.149(a) to provide that licenses for stations authorized under Part 90 will be issued for a term not to exceed ten years from the date of initial issuance or renewal. Accordingly, upon grant of a current licensee's renewal application, the current licensee will receive a license for ten years. 90.155 Time in which station must be placed in operation. Sections 90.155(a) and (b) of the Commission's Rules generally require that stations authorized under Part 90 be placed in operation within eight months of the date of grant. Licensees of certain stations, however, have twelve months to implement their stations. We also note that the Part 90 Rules include provisions for
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd010831.html
- of settlement, and granted the application to provide cellular service in the Missouri 6-Marion RSA. Action by: Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. Adopted: 08/30/2001 by MO&O. (DA No. 01-2067). WTB [80]DA-01-2067A1.doc [81]DA-01-2067A1.pdf [82]DA-01-2067A1.txt CELTRONIX TELEMETRY, INC.. Application for Private Land Mobile Radio Services Licenses in the 218-219 MHZ Band and Request for Waiver of Sections 90.127(b) and 90.155(a) of the Commission's Rules. (Dkt No. 98-169). Action by: Chief, Public Safety and Private Wireless Division. Adopted: 08/24/2001 by ORDER. (DA No. 01-2029). WTB [83]DA-01-2029A1.doc [84]DA-01-2029A1.pdf [85]DA-01-2029A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED AUGUST 30, 2001, DID NOT APPEAR IN DIGEST NO. 171: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No: TEL-00437 Released: 08/30/2001. INTERNATIONAL AUTHORIZATIONS GRANTED. (DA No. 01-2041) Section
- http://www.fcc.gov/eb/Public_Notices/da001311.doc http://www.fcc.gov/eb/Public_Notices/da001311.html
- Installation) WQ-2511, Captree, NY. New York, NY Office (5/19/00). 47 C.F.R. 80.927 (Antenna Radio Frequency Indicator) Harbor Cruises, LTD, WTF9350, Baltimore, MD. Columbia, MD Office (5/26/00). 47 C.F.R. Part 87 (Aviation Services) 47 C.F.R. 87.187 (Frequencies) Molokai Lanai Air Shuttle, Honolulu, HI. Honolulu, HI Office (5/2/00). 47 C.F.R. Part 90 (Private Land Mobile Radio Service) 47 C.F.R. 90.155 (Time in Which Station Must Be Placed in Operation) Elwyn, Inc., Elwyn PA. NOV also issued for violation of 47 C.F.R. 90.267 (Assignment and Use of Frequencies in the 450-470 MHz Band for Low Power Use), 90.425 (Station Identification), and 90.463 (Transmitter Control Points). Philadelphia, PA Office (5/8/00). 47 C.F.R. 90.157 (Discontinuance of Station Operation) Olde City Coaches
- http://www.fcc.gov/eb/Public_Notices/da001850.doc http://www.fcc.gov/eb/Public_Notices/da001850.html
- Resident Agent Office (7/18/00). 47 C.F.R. 80.911 - VHF Transmitter Maalaea Sport Fishing, Inc., Lahaina, HI. Honolulu, HI Resident Agent Office (7/18/00). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.187 - Frequencies Washin Air Inc., Honolulu, HI. Honolulu, HI Resident Agent Office (7/19/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. 90.155 - Time in Which Station Must Be Placed in Operation Frequency Plus Corporation, WPMH-547, East Brunswick, NJ. New York, NY District Office (7/26/00). . Ms. Barbara Merrile, WPMC-977, Brick, NJ. New York, NY District Office (7/26/00). 47 C.F.R. 90.173 - Policies Governing Assignment of Frequencies Foster Wheeler Environmental, Commerce City, Colorado. Other violations: 47 C.F.R. 90.233 (Base/mobile non-voice
- http://www.fcc.gov/eb/Public_Notices/da00996.doc http://www.fcc.gov/eb/Public_Notices/da00996.html
- OH. Detroit, MI Office (4/20/00). MediaOne of Southeast Michigan, Westland, MI. Detroit, MI Office (4/21/00). MediaOne of Southeast Michigan, Westland, MI. Detroit, MI Office (4/21/00). 47 C.F.R. Part 87 (Aviation Services) 47 C.F.R. 87.197 (ELT Test Procedures) Harrisburg Jet Center, Inc., Harrisburg, PA. Philadelphia, PA Office (4/26/00). 47 C.F.R. Part 90 (Private Land Mobile Radio Service) 47 C.F.R. 90.155 (Time in Which Station Must Be Placed in Operation) West Conshohocken Marriott, WNWW868, West Conshohocken, PA. NOV also issued for violation of 47 C.F.R. 90.267 and 90.437. Philadelphia, PA Office (4/3/00). 47 C.F.R. 90.157 (Discontinuance of Station Operation) D. M. Sabia & Company, Inc., WQZ909, Conshohocken, PA. Philadelphia, PA Office (4/25/00). Robert Grays & Sons, Inc., WRU626, Holland,
- http://www.fcc.gov/eb/Public_Notices/da011019.doc http://www.fcc.gov/eb/Public_Notices/da011019.html
- Honolulu, HI. Honolulu, HI Resident Agent Office (3/12/01). Gail Ann Company, Inc., Braneget Light, NJ. Honolulu, HI Resident Agent Office (3/30/01). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.193 - Scope of Service Ray Hammons, Jr., Corporation, Wilmington, DE. San Francisco, CA District Office (3/19/01). 47 C.F.R. Part 90 -Private Land Mobile Radio Services 47 C.F.R. 90.155 - Time in which Station Must Be Placed in Operation Klaus D. Kramer (KNJM968), Oklahoma City, OK. Dallas, TX District Office (3/12/01). 47 C.F.R. 90.173 - Policies Governing the Assignment of Frequencies GP Solutions, Denver, Colorado. Other violations: 47 C.F.R. 90.233 (Base/Mobile Non-Voice Operations) and 90.403 (General Operating Requirements). Denver, CO District Office (3/15/01). 47 C.F.R. 90.403
- http://www.fcc.gov/ogc/documents/opinions/1997/chadmore.html http://www.fcc.gov/ogc/documents/opinions/1997/chadmore.wp
- which would extend the periods within which the applicants' wide-area systems would have to be completed. In the Matter of Amendment of Part 90 of the Commission's Rules Governing Extended Implementation Periods, Report and Order, 8 F.C.C.R. 3975 (1993). Whereas an SMR licensee was normally expected to complete the construction of a station within eight or twelve months, 47 C.F.R. 90.155(a) and 90.631(f), the Commission would now allow a qualified applicant up to five years to complete construction of a system. Id. 90.629. In August 1993, Congress amended the Communications Act to create two categories of mobile service--commercial mobile radio service ("CMRS") and private mobile radio service; and it directed the Commission to implement these categories in its regulations and provide
- http://www.fcc.gov/ogc/documents/opinions/2005/03-1376-021805.pdf
- dismissed as moot NSTN's application for review. 18 F.C.C.R. 19,870 (2003). NSTN now appeals from the Commission's order. The Commission's regulations are clear. Once a broadcast license is approved, systems must be "placed in operation within twelve (12) months from the date of the grant or the authorization cancels automatically and must be returned to the Commission." 47 C.F.R. 90.155(a) (emphasis added). A licensee may apply for an extension of this one-year deadline, but such requests "must be filed prior to the expiration of the construction period." 90.155(g). NSTN admits that it neither completed construction within twelve months, nor requested an extension during this period. NSTN offers two arguments to excuse its inaction. First, NSTN asserts that it was
- http://www.fcc.gov/ogc/documents/opinions/2005/04-1014-011105.pdf
- seek a dispositive preference for an exclusive channel assignment in the 220-222 MHz, 470- 512 MHz, and 800/900 MHz bands by submitting information that ultimately leads to the recovery of frequencies in these bands. Recovery of such frequencies will come about as a result of information provided regarding the failure of existing licensees to comply with various provisions of [sections] 90.155, 90.157, 90.629, 90.631(e) or (f), or 90.633(c) or (d). 3 2 The version of section 90.157 in force at the time provided that "any station which has not operated for [one] year or more is considered to have been permanently discontinued," 47 C.F.R. 90.157(b) (1992 version), and that a station's license "shall cancel automatically upon permanent discontinuance of operations."