FCC Web Documents citing 90.157

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

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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-328 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Ronald M. Senio Senior Attorney, Law Department Port Authority of New York and New Jersey 225 Park Avenue South, 14th Floor New York, New York 10003 Re: In the Matter of the Port Authority of New York and New Jersey Request for Waiver of Sections 90.157 and 101.65(b) of the Commission's Rules On behalf of the Port Authority of New York and New Jersey (Port Authority), you filed a request for waiver of Sections 90.157 and 101.65(b) of the Commission's rules, seeking a one-year extension to construct the stations listed in the attachment to this letter (collectively, World Trade Center Stations). For the reasons stated below,
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  • Beers Chief, Policy Division Public Safety and Homeland Security Bureau Port Authority Petition for Reconsideration (filed Feb. 11, 2011) (Petition). See File Nos. 0004525958 and 0004525959. For a list of these stations, see the attachment to Port Authority of New York and New Jersey, Letter Order, 25 FCC Rcd 17555 (PSHSB PD 2010) (December 2010 Letter Order). 47 C.F.R. �� 90.157, 101.65(b). See Port Authority of New York and New Jersey, Order, 17 FCC Rcd 16784 (WTB PSPWD 2002); Port Authority of New York and New Jersey, Order, 18 FCC Rcd 19243 (WTB PSPWD 2003); Letter dated Nov. 10, 2004 from Michael J. Wilhelm, Chief, Public Safety and Critical Infrastructure Division, to Jeffrey S. Green, Esq., General Counsel, Port Authority of
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  • has not provided any of the required tax returns or criminal records. PCSI's failure to maintain the continuing accuracy of the information in its Waiver Request and its failure to respond fully and completely to the Bureau's direction for information require further exploration at hearing, as specified in the Ordering Clauses below. Lack of Operation of PCSI Licenses Under Section 90.157 of the Commission's Rules, by operation of law, a wireless licensee's licenses cancel for discontinuation if the licensee has failed to operate its licenses for over one year and not obtained permission from the Commission to discontinue such operation. PCSI's LOI responses indicated that when its founding members initially formed the idea of acquiring SMR licenses, their intention was to
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  • 90.138 Applications for itinerant frequencies. An application for authority to conduct an itinerant operation in the Industrial/Business Pool must be restricted to use of itinerant frequencies or other frequencies not designated for permanent use and need not be accompanied by evidence of frequency coordination. Users should be aware that no interference protection is provided from other itinerant operations. 9. Section 90.157 is revised to read as follows: � 90.157 Discontinuance of station operation. An authorization shall cancel automatically upon permanent discontinuance of operations. Unless stated otherwise in this part or in a station authorization, for the purposes of this section, any station which has not operated for one year or more is considered to have been permanently discontinued. 10. Section 90.203
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  • special temporary authorization to continue to operate Station WNLI362 from San Miguel Mountain.7 On April 18, 1995, CLC filed a reply to Cox's opposition and a motion to accept its late-filed pleading.8 In its reply, CLC requested leave to amend its finder's preference request to update its claimed rule violations to include permanent discontinuance of service as proscribed by Section 90.157 of the Commission's Rules.9 On September 21, 1995, the former Office of Operations denied CLC's finder's preference request on the grounds that CLC's finder's request was "based solely on a violation of 47 C.F.R. � 90.633, and the finder has not carried its burden of showing that a violation of that rule occurred...."10 3. On October 18, 1995, CLC filed
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  • if we disregard this rule misstatement as de minimis, since both rule sections pertain to initial station construction and operation, Hot Shot showed adequate evidence that it was indeed licensed in 1984 and that it constructed its Station at its then authorized location at the First International Plaza. In its petition for reconsideration, Repeater now alleges a violation of Section 90.157 of the Commission's Rules. Section 90.157 provides for license cancellation upon permanent discontinuance of operations for one year or more, including failure to operate in accordance with established license parameters. During the existence of the finder's preference program, the Commission has required a finder's request to contain certain specific information, including the rule section that the target allegedly violated and
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  • BACKGROUND On December 8, 1994, Mobile U.H.F., Inc. (MUHF) filed a finder's preference request (Request) targeting Station WIG912, licensed to Trojan on frequency pair 507.8125/510.8125 MHz in the Los Angeles, California area. MUHF alleged that Station WIG912 had failed to operate from December 6, 1993, through December 7, 1994, a period in excess of one year, in violation of Section 90.157 of the Commission's Rules. The evidence before the Commission indicates that Trojan operated Station WIG912 by hiring a community repeater operator to provide it with repeater service. Trojan originally received repeater service from Motorola Communications and Electronics (MCE). MUHF entered into an agreement with MCE, in which MCE transferred ownership of the repeater to MUHF. MUHF took the repeater out
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  • 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. 90.173(k)(3)(1994).
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  • Pine Orchard, CT. Boston, MA District Office (9/18/00). 47 C.F.R. � 80.409 - Station Logs Hornblower Dining Yachts, San Francisco, CA. San Francisco, CA District Office (9/7/00). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. � 87.187 -Frequencies Robert Veal.. Anchorage, AK Resident Agent Office (9/7/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.157 - Discontinuance of Station Operation CNF Transportation Inc., KNEC223, Portland, OR. Boston, MA District Office (9/21/00). Schindler Elevator Corp., KNGK438, Morristown, NJ. Boston, MA District Office (9/21/00). 47 C.F.R. � 90.437 - Posting Station Licenses Federal Express Corp., WPLH430, Collierville, TN. Boston, MA District Office (9/18/00). Janazzo Heating & Air Conditioning, Inc., WPHZ369, Milldale, CT. Other violation: 47 C.F.R. �
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  • (11/9/00). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. � 87.193 - Scope of Service Everett Mellish, La Center, WA. Portland, OR Resident Agent Office (11/1/00). Oahu Aviation, Honolulu, HI. Honolulu, HI Resident Agent Office (11/22/00). UND Aerospace, Honolulu, HI. Honolulu, HI Resident Agent Office (11/27/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.157 - Discontinuance of Station Operation Hanscoms Truck Stop, Inc., WNYR772, Portsmouth, NH. Boston, MA District Office (11/16/00). Fisher Scientific International, Inc., KNFD878, Hampton, NH. Boston, MA District Office (11/20/00). 47 C.F.R. � 90.403 - General Operating Requirements Bell Radio Inc., d/b/a Ding A Ling, Inc. Other violation: 47 C.F.R � 90.425 (Station Identification). New York, NY District Office. (11/17/00). 47
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  • BACKGROUND On October 15, 1996, National Science filed a finder's preference request targeting Ogden Aviation Services' (Ogden) authorization to operate Station WIL251 on frequency pair 471.8125/474.8125 MHz in the Los Angeles, California area. National Science alleged in its Request that Station WIL251 had not operated from 1994 through 1996, a period in excess of one year, in violation of Section 90.157 of the Commission's Rules. To substantiate its Request, National Science provided the sworn statement of a consultant, stating that an investigator from the Commission's Cerritos, California field office had informed the consultant that an Ogden employee admitted to the investigator that Station WIL251 had not operated for over two years. On December 12, 1996, Ogden was served with National Science's
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  • set forth below, the Petition is denied. II. BACKGROUND On June 13, 1996, Lans Service filed a finder's preference request (Request) targeting Interstate Grocer's authorization to operate Station WCC724 on frequency pair 478.6125/481.6125 MHz. Lans Service alleged in its Request that Interstate Grocer failed to operate Station WCC724 for a period in excess of one year, in violation of Section 90.157 of the Commission's Rules. On June 25, 1999, the Request was dismissed for failure to target a station that was properly the subject of a finder's preference proceeding. On July 7, 1999, Lans Service filed the instant Petition, requesting reversal of the June 25, 1999, action. Lans Service argues in its Petition that Station WCC724 was the proper subject of
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  • 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, as amended, sets forth the requirements that a petitioner must satisfy before we may consider a
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  • 1995, National Science filed a finder's preference request (Request) targeting Southern California Alarm's authorization to operate Station WIK720, Corona and Rancho Cucamonga, CA, on frequency pair 472.3125/475.3125 MHz. National Science alleged in its Request that Southern California Alarm failed to operate Station WIK720 from May 16, 1994, through May 16, 1995, a period of one year, in violation of Section 90.157 of the Commission's Rules. The Request was denied on November 6, 1995, by the former Office of Operations of the Wireless Telecommunications Bureau. National Science timely filed a petition for reconsideration relating to the November 6, 1995, action, which was granted by the Division on October 20, 1999. The Division concluded that Southern California Alarm had failed to provide any
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  • BACKGROUND 2. On January 15, 1997, Marina filed a finder's preference request targeting Automatic Data Processing's authorization to operate Station WIL269 on frequency pair 471.7875/474.7875 MHz in the New York City area. Marina alleged in its Request that Station WIL269 had not operated from November 1995, through January 1997, a period in excess of one year, in violation of Section 90.157 of the Commission's Rules. To substantiate its Request, Marina provided, inter alia, the separate declarations of two of Station WIL269's co-channel licensees, sworn under penalty of perjury, stating that they had extensively monitored Station WIL269 for activity during a period of ten and fourteen months, respectively, without detecting any transmissions. On January 30, 1997, Station WIL269 was assigned to J&H
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  • Valley Crest Tree Company, Sunol, CA. Other violation: 47 C.F.R. � 90.425 (Station Identification). San Francisco, CA District Office (3/5/01). Super Limousine Service, Inc., West New York, NJ, WPNQ400. Other violation: 47 C.F.R. � 90.403 (General Operating Requirements). New York, NY District Office (3/12/01). Klaus D. Kramer d.b.a. Mikes Cycle Shop (WPHP749), Oklahoma City, OK. Other violations: 47 C.F.R. �� 90.157 (Discontinuance of Station Operation), 90.203 (Certification Required), 90.403 (General Operating Requirements), 90.405 (Permissible Communications), 90.417 (Interstation Communication), 90.425 (Station Identification) and 90.427 (Precautions Against Unauthorized Operation). Dallas, TX District Office (3/12/01). Target, Minneapolis, MN. Other violation: 47 C.F.R. � 90.425 (Station Identification). San Francisco, CA District Office (3/15/01). Howard County Cab, Jessup, MD, WPRV860. Columbia, MD District Office (3/19/01). Pandol
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  • Resort, Atlantic City, New Jersey, KA5-2726. Philadelphia, PA District Office (4/23/01). 47 C.F.R. � 1.903 - Authorization Required Jameel Ali, Inc., d/b/a Rockaway Car Service, WPRL-532, South Ozone Park, NY. New York, NY District Office (4/23/01). 47 C.F.R. � 1.929 - Classifications of Filings as Major or Minor Occhino Towing Inc., - Buffalo, New York. Other vioolation: 47 C.F.R. � 90.157 (Discontinuance of Station Operation). Buffalo, NY Resident Agent Office (4/20/01). 47 C.F.R. � 1.948 - Assignment of Authorization or Transfer of Control, Notification of Consummation Greenville Broadcasting Company, Greenville, Pennsylvania. Philadelphia, PA District Office (4/12/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. � 11.15 - EAS Operating Handbook Aura Broadcasting Corp., Hatillo, PR. Other violations: 47
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  • 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 obligated to notify the Commission if its facilities are
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  • with Tri Star's station. Crinklaw has now been allowed ample time to secure such consent and has in fact attempted to do so, thus mooting this argument. Finally, Crinklaw argues that Tri Star is not entitled to co-channel interference protection because it has permanently abandoned its licensed facility. He contends that Tri Star's license has canceled automatically pursuant to Section 90.157 of the Commission's Rules. Regardless of whether this is true, however, Station WPLD779 was on the Commission's licensing database when the Crinklaw application was filed. The frequencies assigned to an expired or canceled license remain unavailable until the license is deleted from the database or otherwise indicated to be inactive. Because the license has not been deleted, Crinklaw is not
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  • decision concluded that no enforcement action was warranted. In its petition for reconsideration, Atlantic argues that the letter decision incorrectly concluded that no enforcement action was warranted. Atlantic states that it provided extensive evidence that Station WIL722 was not operational for more than a year and that when it did operate it did so at an unauthorized location. Citing Section 90.157 of the Commission's Rules (``Rules''), Atlantic states that it appears that Station WIL722 permanently discontinued operations and that its associated license cancelled automatically. Section 1.903(a) of the Rules provides, in pertinent part, that stations in the Wireless Radio Services must be used and operated only in accordance with a valid authorization granted by the Commission. Elmont admitted that it placed
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  • least one associated mobile station is also placed in operation. Kay relies solely on Commission records as evidence that no mobile stations were authorized to operate on Harris's station during the eight-month construction period, and that Harris did not modify his license to add mobile units. Kay also relies on this information to allege a violation of fomer rule sections 90.157(b), which stated that any station that has not operated for one year or more is considered to be permanently discontinued, and 90.157(a), which held that the license for a station shall cancel automatically upon permanent discontinuance and the licensee shall forward the license to the Commission. 3. The Commission developed the finder's preference program in order to relieve the scarcity
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  • 87 - Aviation Services 47 C.F.R. � 87.187 - Frequencies Robert Hubbard, Anchorage, AK. Anchorage, AK Resident Agent Office (1/17/01). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.135 - Modification of License Adam Polelowski (WPPG399), Buffalo, NY. Other violation: 47 C.F.R. � 90.425 (Station Identification). Buffalo, NY Resident Agent Office (1/18/01). 47 C.F.R. � 90.157 - Discontinuance of Station Operation Light Towing (WPKG217), Buffalo, NY. Buffalo, NY Resident Agent Office (1/18/01). 47 C.F.R. � 90.403 - General Operating Requirements Liberty Communications, Inc., Buffalo, NY. Buffalo, NY Resident Agent Office (1/18/01). Portland General Electric, Boardman, OR. Portland, OR Resident Agent Office (1/18/01). Broadway Taxi (KEJ850), Buffalo, NY. Buffalo, NY Resident Agent Office (1/19/01). Filmore Taxi (WPMN586),
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  • by the Wireless Telecommunications Bureau (Bureau), which granted a Petition for Reconsideration filed by K-Comm on March 31, 1997 (K-Comm Petition). For the reasons discussed below, the Baker Petition is denied. II. BACKGROUND 2. On December 14, 1993, Baker filed a finder's preference request against K-Comm, licensee of Specialized Mobile Radio station WNRU-207, alleging a violation of Commission rule section 90.157, which provides for the cancellation of a station license upon permanent discontinuance of operations. On September 23, 1994, the Bureau's Office of Operations denied the preference request, finding insufficient evidence that operation of WNRU-207 had permanently discontinued. Baker sought reconsideration of this decision and, on February 26, 1997, the Bureau's Office of Operations granted Baker's petition and awarded a finder's
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  • entries, Repeater concludes that at least one channel on the system was non-operational from August 16, 1996, to February 16, 1998. Repeater also argues that Robert Fejes' inspection of the facilities in January 1999, and March 2000, demonstrates that the system continues to be non-operational. Repeater concludes that ``Securicor is perpetrating a fraud on the Commission and its processes.'' Section 90.157 of the Commission's rules provides that a station license must terminate automatically if operations are permanently discontinued. The rule section further defines ``permanently discontinued'' as any station that has not operated for one year or more. Repeater has failed to provide adequate information to demonstrate that operations at Station WPCX637 have been permanently discontinued. Even if the station were not
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  • SMR station WNPA325, currently licensed to William F. Kelsey d/b/a/ AVCOM Company (``AVCOM''). For the reasons discussed below, we deny the Petition. II. BACKGROUND 2. On October 11, 1993, Kay filed a finder's preference request against AVCOM, licensee of SMR station WNPA325, operating on frequency 854.7125 MHz in Banning California. Kay alleged that AVCOM was in violation of rule section 90.157(a), which provides that the license for a station shall cancel automatically upon permanent discontinuance, and rule section 90.157(b), which provides that any station that has not operated for one year or more is considered to have permanently discontinued service. Citing Commission loading records as evidence, Kay claimed that station WNPA325 had not operated for more than one year since the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � j j � � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of PORT AUTHORITY OF NEW YORK AND NEW JERSEY Request for Waiver of Sections 90.157 and 101.65(b) of the Commission's Rules ) ) ) ) ) ) ) ) ORDER Adopted: September 9, 2002 Released: September 10, 2002 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. On August 9, 2002, the Port Authority of New York and New Jersey (Port Authority) filed a request for waiver of Sections 90.157 and
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  • File No. 9806D142824 ORDER Adopted: November 1, 2002 Released: November 5, 2002 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION On March 7, 2001, the Commercial Wireless Division's Licensing and Technical Analysis Branch (Branch) issued a letter to Glendale Electronics, Inc. (GEI) stating that the above-captioned license (Branch Letter) automatically cancelled pursuant to Section 90.157 of the Commission's rules because the station had permanently discontinued providing service. On April 6, 2001, GEI filed a petition for reconsideration (Petition) of the Branch Letter. For the reasons discussed below, we deny GEI's Petition. BACKGROUND Three authorizations are relevant to this proceeding: WNGQ365, WNHN211, and KGE571. Mr. Harry Kohli, Sr., d/b/a Glendale Electronics (Glendale), was the original licensee
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  • and Second Further Notice of Proposed Rulemaking, 11 FCC Rcd 1463, 1501 (1995)). The Private Radio Bureau later became part of the Wireless Telecommunications Bureau. Finder's Preference Order, 14 FCC Rcd at 6567, � 3 (citing Letter from William H. Kellet, Attorney, Licensing Division, to Jen-Shen Song (Feb. 16, 1993). The letter stated the license had terminated pursuant to Section 90.157(b) of the Commission's rules, which automatically terminated licenses for failure to operate for one year or more. Id. Finder's Preference Order, 14 FCC Rcd at 6567, �� 3, 4. Finder's Preference Order, 14 FCC Rcd at 6567, � 5. FCC Announces the Conditional Grant of 800 MHz SMR Licenses to Nextel and Nevada Wireless, Auction Event No. 16, Public Notice,
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  • Part 90. See Wireless Telecommunications Bureau Announces Commencement of an Audit of the Construction and Operational Status of Private Land Mobile Radio Stations, Public Notice, DA 01-1575, 16 FCC Rcd. 14264 (WTB 2001). Under the Commission's rules, if a licensee allows a constructed facility to discontinue operations for one year or more, the license cancels automatically. See 47 C.F.R. � 90.157. In this case, each letter will list different call signs associated with that exact licensee name and address. See 47 U.S.C. � 503(b)(1)(b); 47 C.F.R. � 1.80(a)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � � � � � � � F �� ��PNG
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  • seeks reconsideration of the Branch's decision rejecting its request that the License be cancelled due to Lodi's failure to operate the station for one year or more. We affirm the Branch's finding that Pacific Wireless failed to provide adequate information demonstrating that the License canceled automatically due to Lodi's failure to operate the station for one year or more. Section 90.157 of the Commission's rules provides that a station license terminates automatically if operations are permanently discontinued. The rule section further defines "permanently discontinued" as any station that has not operated for one year or more. As evidence of non-operation, Pacific Wireless offers the declaration of its Chief Executive Officer, Jeffery Fuller, which states that, after monitoring the channel, Pacific Wireless
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  • Bureau's Commercial Wireless Division at 202-418-0620 or denise.walter@fcc.gov. See Wireless Telecommunications Bureau Announces an Audit of the Operational Status of Certain 220-222 MHz Band Licenses, Public Notice, DA 03-1089, rel. April 9, 2003. Under the Commission's rules, if a licensee allows a constructed facility to discontinue operations for one year or more, the license cancels automatically. See 47 C.F.R. � 90.157. In this case, each letter will list different call signs associated with that exact licensee name and address. See 47 U.S.C. � 503(b)(1)(b); 47 C.F.R. � 1.80(a)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 F '' � � � 6� � � � � �
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  • . . upon a finding by the Commission that the public interest . . . will be served thereby). Callcom contends that the Commission ``has never found that any of the actions ACS alleges occurred warrant a determination that an applicant is not fit to be a Commission licensee.'' Callcom Opposition at 6. Petition at 4. Under 47 C.F.R. � 90.157, a license cancels automatically upon permanent discontinuance of operations; also, a station not operated for more than one year is generally considered to have been discontinued permanently. Under 47 C.F.R. � 1.955(a)(3), authorizations automatically terminate, without specific Commission action, if service is permanently discontinued. Petition at 5-6. Id. ACS states that Mr. Tony Westall, the principal of ACS, and other
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  • set forth below, we deny the Pennington PFR. Background. On March 1, 2000, the Commission renewed Mayer's authorization to operate Station KNGK514 on 811.475/856.475 MHz using a community repeater located at Mount San Miguel in San Diego. On July 10, 2001, Pennington submitted a complaint to the Commission's Enforcement Bureau requesting that the Commission cancel Mayer's license pursuant to Section 90.157 of the Commission's Rules, on the grounds that Mayer did not operate the station for a period of more than twelve months. On October 31, 2001, Mayer filed an application to modify its license to relocate the transmitter to another location in San Diego. On November 15, 2001, Pennington filed an informal request for Commission action seeking denial of the
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  • ORDER Adopted: June 6, 2003; Released: June 9, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. On November 20, 2001, Vino Farms (Vino) filed a request that the Commission initiate a revocation proceeding regarding Industrial/Land Transportation Station WPLU580, Mount Veeder, California. Vino argues that the license for Station WPLU580 automatically cancelled pursuant to Section 90.157 of the Commission's Rules for failure to operate during a one-year period. For the reasons set forth below, the request is denied. Background. Vino is the licensee of Industrial/Land Transportation Station WPBD572, Mount Veeder, California. Stations WPLU580 and WPBD572 operate at the same location and on the same frequency pair (813/858.3625 MHz). Station WPLU580 was initially authorized on February 20,
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  • principal, Mark J. Abrams (Abrams) (collectively, the MRA parties). In each petition, Kay argues that the MRA parties lack the requisite character to be Commission licensees because they have engaged in abuse of process, misrepresentation and lack of candor to the Commission in connection with applications to assign to them licenses that Kay contends have cancelled automatically pursuant to Section 90.157 of the Commission's Rules. In addition, we address two petitions filed by Mobile Relay Associates seeking reconsideration of the actions of the Public Safety and Private Wireless Division (Division), Licensing and Technical Analysis Branch (Branch) dismissing two of the captioned applications. For the reasons set forth below, we agree with Kay that the licenses for Stations WIJ226, WII664, and WII622
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  • responded to Atlantic's complaint. TPSD concluded, based on the information set forth above, that no enforcement action was warranted. On February 22, 2001, Atlantic filed a petition for reconsideration of TPSD's decision. Atlantic argued that New York Radio's continuous monitoring during the period of January 13, 1996 to February 1, 1997 demonstrated that Station WIL722 was not operational. Citing Section 90.157 of the Commission's Rules, Atlantic argued that Station WIL722 had discontinued operations for a period of time exceeding one year, and thus, the license to operate Station WIL722 cancelled automatically. Atlantic also argued that Elmont's unauthorized operation of Station WIL722 from the Glendale site merited enforcement action. On August 2, 2001, the Enforcement Bureau in its MO&O admonished Elmont for
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit b b , b b b b Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of PORT AUTHORITY OF NEW YORK AND NEW JERSEY Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission's Rules ) ) ) ) ) ) ) ORDER Adopted: September 23, 2003 Released: September 24, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. On August 13, 2003, the Port Authority of New York and New Jersey (Port Authority) filed a request for an extension of a waiver of
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  • audit letter. The Bureau has received no response to either of the audit letters for the station licenses that are set forth in Appendix A. The Bureau therefore presumes that the stations identified in Appendix A have been non-operational for a period of one year or more, and confirms that these station licenses have cancelled automatically pursuant to 47 C.F.R. �90.157 of the Commission's rules. Action has been taken in the Universal Licensing System to terminate these licenses. or contact Denise Walter of the Bureau's Commercial Wireless Division at 202-418-0620 or denise.walter@fcc.gov. APPENDIX A WPCW576 QT BADE, ROBERT WPCT285 QT BENNINGFIELD, LEONA J WPCV481 QT BOLDING, RAMONA L WPBN550 QT BORDEN JR, MILTON E WPCW409 QT BRENTWOOD 220 SMR WPCV944 QT
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the matter of 220 MHz, Inc., LASMR, and C. Dino Sakkis Licensees of WPCV804, WPCB301, and WPCR818 Request for Extension of Time and Waiver of 47 C.F.R � 90.157 ) ) ) ) ) ) ) ) ) File No. 0001181073 Order Adopted: December 22, 2003 Released: December 23, 2003 By the Chief, Mobility Division, Wireless Telecommunications Bureau: Introduction AND BACKGROUND On December 31, 2002, 220 MHz, Inc., LASMR, and C. Dino Sakkis (Licensees) of stations WPCV804, WPCB301, and WPCR818, respectively, filed a request for expedited action for a
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  • is presumed to have permanently discontinued operations.'' According to Nextel, Song's failure to resume operations resulted in the automatic cancellation of the license ninety days following reinstatement, or July 8, 1999. We disagree. Section 90.631(f) does not apply to trunked SMR stations that were taken out of service before June 5, 1995, the effective date of the rule. Rather, Section 90.157 of the Commission's rules, which provides that any station that does not operate for one year or more is considered to have permanently discontinued operations, applies to stations taken out of service on or before the effective date of Section 90.631(f). Because Song dismantled the station's facilities on April 8, 1992, prior to June 5, 1995, the one-year rule applies.
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  • 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 additional information on
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  • Matter of Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees And Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees And Request of Cornerstone SMR, Inc.for Waiver of Section 90.157 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: July 12, 2004 Released: July 13, 2004 By the Chief, Wireless Telecommunications Bureau: introduction In this Order, we address two requests for waiver or extension of the construction requirements for Phase II
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  • 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, section 1.955(a)(3) of the Commission's rules provides that an authorization terminates automatically, without specific Commission action, if service is permanently discontinued. Similarly, section 90.157 provides that a station license cancels automatically upon permanent discontinuance of operations. Section 90.157 defines ``permanently discontinued'' as any station that has not operated for one year or more. On July 1, 2002, Motient filed a request for an extension of time to satisfy its construction requirements, seeking an additional three years to complete construction for certain 800 MHz licenses.
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  • the Commission consented to the application. The assignment was consummated by MG Paving and Cumulous on May 7, 2001. On November 20, 2001, Vino Farms submitted a request, urging the Commission to revoke its consent to the assignment of authorization of Station WPLU580 from MG Paving to Cumulous. Specifically, the Request alleges that the license automatically cancelled pursuant to Section 90.157 of the Commission's Rules, 47 C.F.R. � 90.157, because MG Paving had not operated the station for a period of over one year, from February 20, 2000, until at least April 19, 2001. In support of the Request, Vino Farms stated that it had routinely monitored frequency pair 813/858.3625 MHz, and had never heard any radio frequency transmission from Station
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  • 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��''
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  • 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� � ��{ ��{ � �� �Year
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  • of Request of Warren C. Havens for Waiver or Extension of the Five-year Construction Requirement for 220 MHz Service Phase II Economic Area and Regional Licensees, and Request of BizCom, USA, Inc., for Waiver and Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, DA 04-2100 (Mobility Div., WTB) (rel. July 13, 2004). 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 * 2 2 3 > b j j k v � � � � (R) � � � � � �
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  • of Request of Warren C. Havens for Waiver or Extension of the Five-year Construction Requirement for 220 MHz Service Phase II Economic Area and Regional Licensees, and Request of BizCom, USA, Inc., for Waiver and Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, DA 04-2100 (Mobility Div., WTB) (rel. July 13, 2004). The relief was limited to those Phase II 220 MHz licensees that timely sought an extension prior to the applicable construction deadline and those with construction deadlines falling after the release date of the Order. See Streamlining and Harmonization NPRM, 19 FCC Rcd
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  • 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 letter and
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  • Adopted: March 1, 2005 Released: March 2, 2005 By the Assistant Chief, Mobility Division, Wireless Telecommunications Bureau: introduction On March 10, 2004, Glendale Electronics, Inc. (GEI) filed a petition seeking reconsideration (Second Petition) of the Commission's Memorandum Opinion and Order (Commission Order) finding that the above-captioned station permanently discontinued operations and, as a result, the license automatically cancelled under Section 90.157 of the Commission's rules. The Commission Order denied GEI's Application for Review of the former Commercial Wireless Division's Policy and Rules Branch (Branch) decision released on November 5, 2002, denying GEI's first petition seeking reconsideration of the automatic cancellation of the license (First Petition). For the reasons discussed below, we deny GEI's Second Petition as repetitious. background Three licenses are
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  • us an informal Petition to Dismiss or Deny (Petition) filed by National Science and Technology Network, Inc. (NSTN) against the above-captioned application to assign the licenses for private land mobile radio Stations KLH414 and KL3784, Corona, California, from National Ready Mixed Concrete Co. (NRMC) to Mobile Relay Associates (MRA). NSTN argues that the licenses have cancelled automatically pursuant to Section 90.157 of the Commission's Rules due to permanent discontinuance of station operation, so the application should be dismissed or denied. For the reasons discussed below, we deny the Petition. Background. In support of its claim that the subject licenses cancelled automatically due to permanent discontinuance of station operation, NSTN asserts that NRMC had been NSTN's customer, paying NSTN to operate on
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � � � � � � � * n � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of COUNTY OF MECKLENBURG Request for Waiver of Section 90.157 of the Commission's Rules ) ) ) ) ) ) FCC File No. 0002443428 ORDER Adopted: July 5, 2006 Released: July 7, 2006 By the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: Introduction. On January 11, 2006, the County of Mecklenburg (Mecklenburg) filed a request for waiver of Section 90.157 of the Commission's Rules to ensure that
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  • before us two earlier-filed pleadings from Ferrari pertaining to the WPRS297 license: an Informal Request to delete call sign WPRS297 from the Commission's Universal Licensing System database, and a Petition for Revocation of the license for station WPRS297. The three Ferrari pleadings all are based on an allegation that the license for station WPRS297 has cancelled automatically pursuant to Section 90.157 of the Commission's Rules due to permanent discontinuance of station operation. The Applicants have filed responsive pleadings denying the allegation of permanent discontinuance. For the reasons discussed below, we deny the Petition, the Informal Request, and the Petition to Revoke. Background. On January 10, 2001, the Commission licensed Earth to operate station WPRS297. Earth permitted Nextel to manage these frequencies
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  • set forth below, we deny the instant Pennington PFR. Background. On March 1, 2000, the Commission renewed Mayer's authorization to operate Station KNGK514 on 811.475/856.475 MHz using a community repeater located at Mount San Miguel, San Diego. On July 10, 2001, Pennington filed a complaint with the Commission's Enforcement Bureau, claiming that Mayer's license had canceled automatically pursuant to Section 90.157 of the Commission's Rules because the station was not operational for a period of more than twelve months. On October 31, 2001, Mayer filed an application to modify its license to relocate its transmitter for Station KNGK514 to another location in San Diego. On November 15, 2001, Pennington filed an informal request for Commission action, seeking denial of the Mayer
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  • 2001. The station was authorized as part of a community repeater also used by BK. In its December 2005 Petition, BK alleged (and provided documentation) that Tarmac terminated its use of the community repeater in 2003, and had not used the facility since that time. Consequently, BK requested that Tarmac's license be deemed to have canceled automatically pursuant to Section 90.157(a) of the Commission's Rules, which provides that a Part 90 station license cancels automatically upon permanent discontinuance of operations. On August 10, 2006, the Wireless Telecommunications Bureau's Public Safety and Critical Infrastructure Division (Division), acting pursuant to Section 308(b) of the Communications Act of 1934, as amended, requested that Tarmac provide information regarding the operational status of Station WPTR242. The
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA - 07-4213 Lieutenant Mark K. Lepinski Bergen County Police Department Communications Division 66 Zabriske Street Hackensack, New Jersey 07601 Dear Lieutenant Lepinski: This is in reply to your September 6, 2007 waiver request (Request) filed on behalf of Bergen County, New Jersey (Bergen County). Bergen County requests a waiver of Section 90.157 of the Commission's rules to allow 800 MHz NPSPAC stations licensed under call signs WPAP561 and WPLU645 to be in a ``non-operating'' status for more than one year without the licenses automatically canceling. In support of the waiver request, you note that Bergen County is currently in the process of improving its radio communication system. You also state that at
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  • 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 November 29, 2005, from Thomas K. Kurian to Scot Stone, Esq., Public Safety
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  • (Item 42). 2005 Order, 20 FCC Rcd at 6513-14 � 32; see also 2005 Order at 6536 � 103 (ordering clause granting WTB delegated authority ``to adopt requirements regarding the reporting of registration and licensing information, pertaining to the 3650 MHz Wireless Broadband Services, in the Universal Licensing System database.''). See 47 C.F.R. � 90.1307. See generally 47 C.F.R. � 90.157(a) (``[u]nless stated otherwise in this part or in a station authorization . . . any station which has not operated for one year or more is considered to have been permanently discontinued.''). and accompanying text, supra. 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
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  • Dismiss or Deny (PTD) the captioned application to assign Private Land Mobile Radio Stations KLH414 and KL3784, Corona, California, from National Ready Mixed Concrete, Inc. (NRMC) to Mobile Relay Associates (MRA) (Order). NSTN argues in the Petition that the Division incorrectly concluded that NSTN had failed to substantiate its claim that the subject licenses had cancelled automatically pursuant to Section 90.157 of the Commission's Rules due to permanent discontinuance of station operation, precluding any assignment of the licenses. According to NSTN, the Division misconstrued NSTN's arguments in the PTD, and ignored evidence proffered by NSTN to prove that NRMC had discontinued operation of the stations. For the reasons discussed below, we deny the Petition. Background. NSTN asserted in the PTD that
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  • � 1.87(g)(1). See 47 C.F.R. � 1.87(h). The Division concluded that the proposed modification would not unduly disrupt FCI 900's operations, because operations could continue on the other frequency pairs authorized to the stations. See Order Proposing Modification, 21 FCC Rcd at 6360 � 8. Subsequently, FCI 900 reported that the stations were inoperative, and requested a waiver of Section 90.157 of the Commission's Rules, 47 C.F.R. � 90.157, to avoid automatic cancellation of the licenses. The Mobility Division granted the waiver request on January 26, 2007. See Letter dated January 26, 2007 from Terry L. Fishel, Associate Chief, Mobility Division, Wireless Telecommunications Bureau to Robert H. McNamara, Director, Spectrum Management, Sprint Nextel Corporation. (...continued from previous page) (continued....) Federal Communications
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-2507 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. Darrell Buchbinder General Counsel Port Authority of New York and New Jersey 225 Park Avenue South, 15th Floor New York, New York 10003 Re: In the Matter of the Port Authority of New York and New Jersey Request for Waiver of Sections 90.157 and 101.65(b) of the Commission's Rules On behalf of the Port Authority of New York and New Jersey (Port Authority), you filed a request for waiver of Sections 90.157 and 101.65(b) of the Commission's rules, seeking a one-year extension to construct the stations listed in the attachment to this letter (collectively, World Trade Center Stations). For the reasons stated below,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-328 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Ronald M. Senio Senior Attorney, Law Department Port Authority of New York and New Jersey 225 Park Avenue South, 14th Floor New York, New York 10003 Re: In the Matter of the Port Authority of New York and New Jersey Request for Waiver of Sections 90.157 and 101.65(b) of the Commission's Rules On behalf of the Port Authority of New York and New Jersey (Port Authority), you filed a request for waiver of Sections 90.157 and 101.65(b) of the Commission's rules, seeking a one-year extension to construct the stations listed in the attachment to this letter (collectively, World Trade Center Stations). For the reasons stated below,
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  • (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 id.
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  • of 1934, as amended, requested that Ford provide specified information concerning the operational status of Station WPIR939 within thirty days. The Division Letter stated that if Ford failed to respond within thirty days, the Division could conclude that the authorization for Station WPIR939 had terminated due to permanent discontinuance of operation. The Division Letter was returned as undeliverable. Discussion. Section 90.157 of the Commission's Rules provides that a license for a private land mobile radio station cancels automatically upon discontinuance of operation for a period of one year or more. The information provided in the Ameren Request is persuasive evidence supporting Ameren's claim that Station WPIR939 is not in operation and that its authorization cancelled automatically due to a permanent discontinuance
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  • WPIR939 had terminated due to permanent discontinuance of operation.7The Division Letter was returned as undeliverable. 1SeeLetter dated Mar. 12, 2009 from Eric J. Schwalb, counsel for Ameren, to Robert McKinney, District Director, Kansas City District Office, Federal Communications Commission (filed Mar. 25, 2009) (Request). 2FCC File No. 0000363115 (filed Feb. 5, 2001). 3SeeRequest at 2 (citing 47 C.F.R. �� 1.955(a)(3), 90.157(a)). Section 1.955(a)(3) provides generally that authorizations terminate automatically, without Commission action, if service is permanently discontinued under the applicable rule for the type of service in question. Section 90.157(a) of the Commission's Rules provides that a Part 90 authorization, such as the license for Station WPXB508, cancels upon permanent discontinuance of operations. For the purpose of this section, any station
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  • � 1.946(c). Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). MO&O at � 17. Extension Request at 1. Id. 47 C.F.R. � 1.946(e)(1). 47 C.F.R. � 1.946(e)(2). See 47 U.S.C � 309(j)(4)(B). See MO&O at �� 16-18. Specifically, in extending the prior build-out deadline by three years, the Bureau cited comments in the record indicating
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  • of the subject licenses in the near term.13While many licensees have taken advantage of this relief to meet applicable construction requirements and are providing service in the public interest, Douglas, after holding her licenses for nearly eight years whenthe further extension request was filed, has failed to provide any service to the of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). 7MO&Oat � 17. 8Extension Request at 1. 9Id. 1047 C.F.R.� 1.946(e)(1). 1147 C.F.R. � 1.946(e)(2). 12See47 U.S.C � 309(j)(4)(B). 13See MO&Oat �� 16-18. Specifically, in extending the prior build-out deadline by three years, the Bureau cited comments in the record indicating that new digital equipment
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  • � 1.946(c). Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules; Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). MO&O at � 17. Extension Request at 1. Id. Id. 47 C.F.R. � 1.946(e)(1). 47 C.F.R. � 1.946(e)(2). See 47 U.S.C � 309(j)(4)(B). See MO&O at �� 16-18. Specifically, in extending the prior build-out deadline by three years, the Bureau cited comments in the record
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  • C.F.R. � 1.946(c). 6Request of Warren C. Havens forWaiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules; Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). 8600 has enabled entities to provide a variety of services, including fixed data applications.7 Boyle requests a further extension to at least March 22, 2009 to construct his licenses, based on his claim of a lack of suitable and viable 220 MHz equipment.8According to Boyle,
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  • � 1.946(c). Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). MO&O at � 17. Request at 0. Id. at 0. Id. at 0. Id. at 1 and Attachments 2 and 3. Id. at 2 Id. at 2. 47 C.F.R. � 1.925. 47 C.F.R. � 1.946(e). See 47 U.S.C � 309(j)(4)(B). See MO&O at �� 16-18.
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  • � 1.946(c). 6Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). 7MO&Oat� 17. 8Request at 0. 9Id. at 0. 10Id.at 0. 11Id.at 1 and Attachments 2 and 3. 12Id.at 2 13Id. at 2. 1447 C.F.R. � 1.925. 8605 extension, such as a failure to obtain financing, or to obtain antenna sites or equipment.15However, the waiver standard
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  • � 1.946(c). Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). MO&O at � 17. Extension Request at 1. Id. at 3. Id at 2. Id. at 2. Id. at 4. Id. at 3. Id. at 3. 47 C.F.R. � 1.925. 47 C.F.R. � 1.946(e). See 47 U.S.C �309(j)(4)(B). See MO&O at �� 16-18. Specifically, in
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  • � 1.946(c). 5Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). 8608 three-year extension would be sufficient time for the 220 MHz licensees to construct their systems using available or soon to be developed equipment. The Bureau found that the public interest would be served by allowing additional time for licensees to consolidate licenses, develop new
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  • � 1.946(c). Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). MO&O at � 17. Extension Request at 1. Id. Id. at 6. Id. at 2. 47 C.F.R. � 1.925. 47 C.F.R. � 1.946(e). See 47 U.S.C �309(j)(4)(B). See MO&O at �� 16-18. Specifically, in extending the prior build-out deadline by three years, the Bureau cited
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  • and services.14 6Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). 7MO&Oat � 17. 8Extension Request at 1. 9Id. 10Id. at 6. 11Id. at 2. 1247 C.F.R. � 1.925. 1347 C.F.R. � 1.946(e). 14See47 U.S.C �309(j)(4)(B). 8614 We find that grant of a waiver of 5-year construction deadline, or an additional extension of time to construct
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  • � 1.946(c). Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). MO&O at � 17. Extension Request at 1. Id. Id. 47 C.F.R. � 1.946(e)(1). 47 C.F.R. � 1.946(e)(2). See 47 U.S.C �309(j)(4)(B). See MO&O at �� 16-18. Specifically, in extending the prior build-out deadline by three years, the Bureau cited comments in the record indicating
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  • � 1.946(c). 6Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). 8617 advantage of the technical flexibility provided in the 1997 restructuring of the 220 MHz service rules that has enabled entities to provide a variety of services, including fixed data applications.7 Tuchman/Brown seeks a further extension for the subject licenses at least until March 22,
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  • � 1.946(c). Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). MO&O at � 17. Extension Request at 1. Id. at 3. Id. at 2. Id. at 2. Id. at 4. Id. at 3. Id. at 3. 47 C.F.R. � 1.946(e). See 47 U.S.C �309(j)(4)(B). 47 C.F.R. � 1.925. See MO&O at �� 16-18. Specifically, in
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  • � 1.946(c). 6Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). 8621 three-year extension would be sufficient time for the 220 MHz licensees to construct their systems using available or soon to be developed equipment. The Bureau found that the public interest would be served by allowing additional time for licensees to consolidate licenses, develop new
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  • � 1.946(c). Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). MO&O at � 17. Extension Request at 1. Id. Id. Id 47 C.F.R. � 1.946(e)(1). 47 C.F.R. � 1.946(e)(2). See 47 U.S.C � 309(j)(4)(B). See MO&O at �� 16-18. Specifically, in extending the prior build-out deadline by three years, the Bureau cited comments in the
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  • � 1.946(c). 6Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). 8625 advantage of the technical flexibility provided in the 1997 restructuring of the 220 MHz service rules that has enabled entities to provide a variety of services, including fixed data applications.7 KC Wireless requests an 18-month extension of time to meet its five-year construction requirement.8KC
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  • Id. Id. Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirements for 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules; Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). MO&O at � 17. Because NRTC certified that it covered in excess of one-third of the population within its licensed areas for three regional licenses, the notifications of construction were accepted and the corresponding extension requests were withdrawn. See File Nos. 0003222772 and 0003222742 (WPOL329);
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  • 1. 6Id. 7Id. 8Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver And Extension of the Construction Requirementsfor 220 MHz Service Phase II Regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules; Memorandum Opinion and Order, 19 FCC Rcd 12994 (WTB 2004) (MO&O). 9MO&Oat � 17. 10Because NRTC certified that it covered in excess of one-third of the population within its licensed areas for three regional licenses, the notifications of construction were accepted and the corresponding extension requests were withdrawn. SeeFile Nos. 0003222772 and0003222742 (WPOL329); 0003222774 and 0003222744
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  • this case, operation of section 1.1910 of the Commission's rules (the Red Light Rule) would preclude consideration of any application until the delinquent debt was resolved properly under our rule or an appropriate waiver of the Red Light Rule had been granted. 47 C.F.R. � 1.955(a)(3). See also 47 C.F.R. � 1.901. See, e.g., 47 C.F.R. �� 22.317 (90 days), 90.157(a) (one year). See Assignment Application, Amendment filed Oct. 20, 2009. See 47 C.F.R. � 1.955(a)(3). 47 C.F.R. � 1.925. Alternatively, pursuant to section 1.3, the Commission has authority to waive its rules if there is ``good cause'' to do so. 47 C.F.R. � 1.3. See also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990). Id. at
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  • under the circumstances of this case, operation of section 1.1910 of the Commission's rules (the Red Light Rule) would preclude consideration of any application until the delinquent debt was resolvedproperly under our rule or an appropriatewaiver of the Red Light Rule had beengranted. 2347 C.F.R. � 1.955(a)(3). See also47 C.F.R. � 1.901. 24See, e.g., 47 C.F.R. �� 22.317 (90 days), 90.157(a) (one year). 25SeeAssignment Application, Amendment filed Oct. 20, 2009. 13478 Federal Communications Commission DA 09-2359 Therefore, absent grant of a waiver of the permanent discontinuance rule, these licenses cancelled automatically.26 7. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes: 1) that the underlying purpose of the rule would not be served
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  • requested that Swider provide specified information concerning the operational status of Station WPMW995 within thirty days. The Division Letter stated that if Swider failed to respond within thirty days, the Division could conclude that the authorization for Station WPMW995 had terminated due to permanent discontinuance of operation. No response to the Division Letter has been received to date. Discussion. Section 90.157 of the Commission's Rules provides that a license for a private land mobile radio station cancels automatically upon discontinuance of operation for a period of one year or more. The information provided in the Enterprise Request is persuasive evidence supporting Enterprise's claim that Station WPMW995 is not in operation and that its authorization cancelled automatically due to a permanent discontinuance
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  • of 1934, as amended,6requested that Swider provide specified information concerning the operational status of Station WPMW995 within thirty days.7The Division Letter stated that if Swider failed to respond within thirty days, the Division 1SeeMotion for Investigation and Cancellation of License (filed July 29, 2009) (Request). 2FCC File No. 0001641700 (filed Mar. 3, 2004). 3SeeRequest at 2 (citing 47 C.F.R. �� 90.157(a), 1.955(a)(3)). Section 90.157(a) of the Commission's Rules provides that a Part 90 authorization, such as the license for Station WPMW995, cancels upon permanent discontinuance of operations. For the purpose of this section, any station that has not operated for one year or more is considered to have permanently discontinued operations. Section 1.955(a)(3) provides generally that authorizations terminate automatically, without Commission
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  • Communications Act of 1934, as amended, requested that Bindner provide specified information concerning the operational status of Station WPEN414 within thirty days. PSHSB stated that if Bindner failed to respond within thirty days, the Commission could conclude that the authorization for Station WPEN414 had terminated due to permanent discontinuance of operation. No response has been received to date. Discussion. Section 90.157 of the Commission's Rules provides that a license for a private land mobile radio station cancels automatically upon discontinuance of operation for a period of one year or more. The information provided by the 800 MHz Transition Administrator indicates that Station WPEN414 is not in operation and that its authorization cancelled automatically due to a permanent discontinuance of service, and
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  • of the Communications Act of 1934, as amended,2requested that Bindner provide specified information concerning the operational status of Station WPEN414 within thirty days.3PSHSB stated that if Bindner failed to respond within thirty days, the Commission could conclude that the authorization for Station WPEN414 had terminated due to permanent discontinuance of operation.4No response has been received to date. 3. Discussion. Section 90.157 of the Commission's Rules provides that a license for a private land mobile radio station cancels automatically upon discontinuance of operation for a period of one year or more.5The information provided by the 800 MHz Transition Administrator indicates that Station WPEN414 is not in operation and that its authorization cancelled automatically due to a permanent discontinuance of service, and Bindner's
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  • (WTB CWD PRB 2002) (fifteen to thirty-five percent discrepancy in antenna height is not sufficient to warrant license termination for failure to construct). PSI nonetheless remains responsible for promptly correcting the technical information in the Commission's licensing database. See NUSCO Location Exhibit at 5-8; NUSCO Opposition at 12-16. See NUSCO Location Exhibit at 5, 8. See, e.g., 47 C.F.R. �� 90.157, 101.65(b). See NUSCO Location Exhibit at 6-7. Id. at 7; NUSCO Opposition at 14-15. See PSI Petition at 4; PSI Reply at 8. See NUSCO Location Exhibit at 6. See PSI Petition at 4; PSI Letter at 2. We clarify, however, that whether a station is in operation is determined with respect to the licensed facility; operation of fill-in sites
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  • grant the Request and will modify the Commission's licensing records to reflect the termination of the license. Background. The Commission renewed Anderson's license for Station WPMB575 on April 8, 2003. On February 27, 2008, Atlantic requested that the license be revoked on the grounds that the station had not operated for more than one year and thus, pursuant to Section 90.157 of the Commission's Rules, should be deemed to have canceled automatically for permanent discontinuance of operation. Atlantic states that it actively monitored frequency pair 472/475.3375 MHz from December 3, 2006 to February 23, 2008, and did not detect any transmissions from Station WPMB575. It further claims that, on two separate occasions, Mr. Anderson represented to Atlantic that Station WPMB575 was
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  • grant the Request and will modify the Commission's licensing records to reflect the termination of the license. Background. The Commission renewed Hilltop's license for Station WIM443 on May 11, 2005. On February 26, 2008, Atlantic requested that the license be revoked on the grounds that the station has not operated for more than one year and thus, pursuant to Section 90.157 of the Commission's Rules, should be deemed to have canceled automatically for permanent discontinuance of operation. Atlantic states that it actively monitored frequency pair 477/480.4625 MHz from October 2006 to February 2008, and did not detect any transmissions from Station WIM443. It further claims that some of Hilltop employees represented to Atlantic that Station WIM443 was not in operation. On
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  • Ferrari Equipment Company (Ferrari) on September 11, 2006. Ferrari seeks reconsideration of an August 11, 2006 Order by the Wireless Telecommunications Bureau's former Public Safety and Critical Infrastructure Division (PSCID). The Order denied three petitions filed by Ferrari, all of which were based on an allegation that the license for Station WPRS297, Chicago, Illinois, had canceled automatically pursuant to Section 90.157 of the Commission's Rules due to permanent discontinuance of station operations. Earth Incorporated (Earth, Inc.) and ESP Wireless Technology Group (ESP Wireless, and together with Earth, Inc., the Applicants) oppose the Petition for Reconsideration. For the reasons discussed below, we deny the Petition for Reconsideration. background On January 10, 2001, the Commission licensed Earth, Inc. to operate Station WPRS297, consisting
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  • requested that FCB&G provide specified information concerning the operational status of Station WPXB508 within thirty days. The Division Letter stated that if FCB&G failed to respond within thirty days, the Division could conclude that the authorization for Station WPXB508 had terminated due to permanent discontinuance of operation. No response to the Division Letter has been received to date. Discussion. Section 90.157 of the Commission's Rules provides that a license for a private land mobile radio station cancels automatically upon discontinuance of operation for a period of one year or more. The information provided in the MidAmerican Request is persuasive evidence supporting MidAmerican's claim that Station WPXB508 is not in operation and that its authorization cancelled automatically due to a permanent discontinuance
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  • does an application filed by Pappammal Kurian to list herself as the contact person regarding that license. See FCC File No. 0003015041 (filed May 2, 2007).) The Commission later removed Station WPXY504, Mobile, Alabama from the assignment application through data correction, following a finding that the license had canceled automatically due to permanent discontinuance of station operation, pursuant to Section 90.157 of the Commission's Rules, 47 C.F.R. � 90.157. See Letter, dated July 6, 2007, from Scot Stone, Deputy Chief, Mobility Division, Wireless Telecommunications Bureau, to Richard R. Susainathan. Accordingly, the assignment application now includes sixty-seven licenses. Pappammal Kurian Petition to Deny (filed Jan. 30, 2008) (Informal Objection to Cancellation). S M Leasing filed an Opposition on February 8, 2008, and
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  • pending, as does an application filed by Pappammal Kurian to list herself as the contact person regarding that license. SeeFCC File No. 0003015041 (filed May 2, 2007).) The Commission later removed Station WPXY504, Mobile, Alabama from the assignment application through data correction, following a finding that the license had canceled automatically dueto permanent discontinuance of station operation, pursuant to Section 90.157 of the Commission's Rules, 47 C.F.R. �90.157. SeeLetter, dated July 6, 2007, from Scot Stone, Deputy Chief, Mobility Division, Wireless Telecommunications Bureau, to Richard R. Susainathan. Accordingly, the assignment application now includes sixty-seven licenses. 3Pappammal Kurian Petition to Deny (filed Jan. 30, 2008) (Informal Objection to Cancellation). S M Leasing filed an Opposition on February 8, 2008, and you fileda
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  • repeater at that site. The Wireless Telecommunications Bureau's Mobility Division, acting pursuant to Section 308(b) of the Communications Act of 1934, as amended, directed Koch Skanska to provide information concerning the operational status of Station KBG477. Koch Skanska replied that the base station was no longer in use, but the licensed frequencies were being used for mobile-to-mobile communications. Discussion. Section 90.157(a) of the Commission's Rules provides that a private land mobile radio station authorization cancels automatically upon discontinuance of operation for a period of one year or more. The information in the record demonstrates that Koch Skanska permanently discontinued operation of its licensed base station at 233 Broadway. Therefore, we conclude that the authorization for location 1 of Station KBG477 canceled
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  • repeater at that site.3 3. The Wireless Telecommunications Bureau's Mobility Division, acting pursuant to Section 308(b) of the Communications Act of 1934, as amended,4directed Koch Skanska to provide information concerning the operational status of Station KBG477.5Koch Skanska replied that the base station was no longer in use, but the licensed frequencies were being used for mobile-to-mobile communications.6 4. Discussion. Section 90.157(a) of the Commission's Rules provides that a private land mobile radio station authorization cancels automatically upon discontinuance of operation for a period of one year or more.7The information in the record demonstrates that Koch Skanska permanently discontinued operation of its licensed base station at 233 Broadway. Therefore, we conclude that the authorization for location 1 of Station KBG477 canceled automatically.8We
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  • contends that ``it is essential that these communications remain reliable and secure, especially during emergencies when the safety of the general public may be affected,'' and that ``commercial radio services are unreliable, insecure, or are completely unavailable in the coverage area of the proposed location.'' Id. Waiver Request at 1. Ford's license for Station WPIR939 was terminated pursuant to Section 90.157 of the Commission's Rules, 47 C.F.R. � 90.157, due to permanent discontinuance of operations after it closed its Hazelwood, Missouri automotive assembly plant. See Ford Communications Inc., Order, 24 FCC Rcd 5304 (WTB MD 2009). See Call Signs WNQJ842, WNVL476, WPIQ944. See 47 C.F.R. � 90.617(b) Table 1. Ford was licensed on the channels pursuant to ``inter-category sharing.'' The Commission
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  • Ameren contends that "it is essential that these communications remain reliable and secure, especially during emergencies when the safety of the general public may be affected," and that "commercial radio services are unreliable, insecure, or are completely unavailable in the coverage area of the proposed location." Id. 4Waiver Request at 1.Ford's license for Station WPIR939 was terminated pursuant to Section 90.157 of the Commission's Rules, 47 C.F.R. � 90.157, due to permanent discontinuance of operations after it closed its Hazelwood, Missouri automotive assembly plant. See Ford Communications Inc., Order, 24 FCC Rcd 5304 (WTB MD 2009). 12596 Federal CommunicationsCommission DA 10-1655 area,5needs a waiver of Section 90.617(b) of the Commission's Rules because the requested frequencies are designated for Public Safety use.6
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  • CP WPVE271 CP WPVP925 YK WPZG962 CP WPVE272 CP WPVQ746 YG WPZG963 CP WPVE273 CP WPVQ897 YG WPZG964 CP WPVE274 CP WPVR264 YG WPZG965 CP WPVE275 CP WPVR512 YK WPZG966 CP WPVE276 CP WPVR515 YK WPZG967 CP WPVE277 CP WPVR519 YK WQEN965 YG WPVE278 CP File Nos. 0004269966, 0004269967, 0004269968, 0004340738, 0004340739, 0004340740, and 0004341204. 47 C.F.R. �� 1.955(a)(3), 22.317, 90.157(a). See File Nos. 0004316492 (Station WPPB889), 0004338881 (Station WPUA857). See File No. 0004411788 (Station WNGE426). See File No. 0004316546 (Station WPVE245). 47 C.F.R. � 20.9(a). See Appendix A for a list of the call signs at issue. See 47 C.F.R. �� 1.1200(a), 1.1206. See Commission Emphasizes the Public's Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 (2000). See
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  • operations. In addition, if the waivers are granted with respect to the pending applications, PG&E will file identical waiver requests with respect to other existing stations the licenses for which PG&E has acquired by assignment.7PG&E also anticipates filing additional applications for new 90 trunked Industrial/Business 1File Nos. 0004269966, 0004269967, 0004269968, 0004340738, 0004340739, 0004340740, and 0004341204. 247 C.F.R. �� 1.955(a)(3), 22.317, 90.157(a). 3See File Nos. 0004316492 (Station WPPB889), 0004338881 (Station WPUA857). 4See File No. 0004411788 (Station WNGE426). 5See File No. 0004316546 (Station WPVE245). 647 C.F.R. � 20.9(a). 7SeeAppendix A for a list of the call signs at issue. 14606 Pool stations, or for modification of existing licenses, for which it also will request a June 30, 2013 construction deadline. PG&E serves approximately
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  • of 1934, as amended, requested that Americell provide specified information concerning the operational status of the above-captioned stations within thirty days. The Division stated that if Americell failed to respond within thirty days, the Division could conclude that the authorizations for the stations had terminated due to permanent discontinuance of operation. The Division's letter was returned as undeliverable. Discussion. Section 90.157 of the Commission's Rules provides that a license for a private land mobile radio station cancels automatically upon discontinuance of operation for a period of one year or more. The information provided by the TA is persuasive evidence that Americell's stations are not in operation, and that its authorizations cancelled automatically due to a permanent discontinuance of service. In addition,
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  • 14612 Federal Communications Commission DA 10-2036 that Americell provide specified information concerning the operational status of the above-captioned stations within thirty days.4The Division stated that if Americell failed to respond within thirty days, the Division could conclude that the authorizations for the stations had terminated due to permanent discontinuance of operation.5The Division's letter was returned as undeliverable. 4. Discussion. Section 90.157 of the Commission's Rules provides that a license for a private land mobile radio station cancels automatically upon discontinuance of operation for a period of one year or more.6The information provided by the TA is persuasive evidence that Americell's stations are not in operation, and that its authorizations cancelled automatically due to a permanent discontinuance of service.7In addition, Americell's failure
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit December 20, 2010 DA 10-2384 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. Laszlo Szabo, Esq Port Authority of New York and New Jersey 14th Floor 225 Park Avenue South New York, NY 10003 Re: In the Matter of the Port Authority of New York and New Jersey Request for Waiver of Sections 90.157 and 101.65(b) of the Commission's Rules On behalf of the Port Authority of New York and New Jersey (Port Authority), Mr. Darrell Buchbinder filed a request for waiver of Sections 90.157 and 101.65(b) of the Commission's rules, seeking a one-year extension to construct the stations listed in the attachment to this letter (collectively, World Trade Center Stations). For the reasons
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  • (Sprint), questions arose regarding the station's operational status. In response to an inquiry from the Commission's Enforcement Bureau, Susainathan reported that the station had been taken out of operation in February 2006. In 2007, the Wireless Telecommunications Bureau's Mobility Division (Division) accordingly concluded that the station had permanently discontinued operation and that the license had therefore canceled automatically under Section 90.157 of the Commission's Rules. The Division then terminated the license for Station WPXY504 and removed it from the assignment application. In 2008, rebanded 800 MHz Specialized Mobile Radio licenses for the Mobile area that included the former Station WPXY504 frequencies were issued to SouthernLINC Wireless (Station WPSA355) and Sprint (Station WQJP867). Another S M Leasing station, Station WPTG843, was authorized
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  • Wireless) and Sprint Nextel Corporation (Sprint), questions arose regarding the station's operational status.8In response to an inquiry from the Commission's Enforcement Bureau,9Susainathanreported that the station had been taken out of operation in February 2006.10In 2007, the Wireless Telecommunications Bureau's Mobility Division (Division) accordingly concluded that the station had permanently discontinued operation and that the licensehad therefore canceled automatically under Section 90.157 of the Commission's Rules.11The Division then terminated the license for Station WPXY504 and removed it from the assignment application. In 2008, rebanded 800 MHz Specialized Mobile Radio licenses for the Mobile area that included the former Station WPXY504 frequencies were issued to SouthernLINC Wireless (Station WPSA355) and Sprint (Station WQJP867). 4. Another S M Leasing station, Station WPTG843, was authorized
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  • he found no equipment for Station WNMR238. On August 18, 2011, the Wireless Telecommunications Bureau's Mobility Division (Division), acting pursuant to Section 308(b) of the Communications Act of 1934, as amended, requested that Cardwell provide specified information concerning the operational status of Station WNMR238's Sunrise Mountain location. Cardwell responded that he placed the facility into operation in 2011. Discussion. Section 90.157 of the Commission's Rules provides that a license for a private land mobile radio station cancels automatically upon discontinuance of operation for a period of one year or more. The information provided by Susainathan is persuasive evidence supporting his claim that Station WNMR238's Sunrise Mountain location was not in operation for a period of one year or more and that
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  • Communications Act of 1934, as amended,6requested that Cardwell provide specified information concerning the operational status of Station WNMR238's 1SeeRequest to Initiate License Revocation Proceedings (filed Mar. 8, 2011) (Request). 2See FCC File No. 0003087467 (filed June 26, 2007). 3See FCCFile No. 0004009600 (filed Oct. 28, 2009); Robert Cardwell, Order, 25 FCC Rcd 10702 (WTB MD 2010). 4SeeRequest at 3. Section 90.157(a) of the Commission's Rules provides that a Part 90 authorization, such as the license for Station WNMR238, cancels upon permanent discontinuance of operations. For the purpose of this section, any station that has not operated for one year or more is considered to have permanently discontinued operations. Section 1.955(a)(3) provides generally that authorizations terminate automatically, without Commission action, if service
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  • Communications Act of 1934, as amended, directed Koch Skanska to provide information concerning the operational status of Station KBG477. Koch Skanska replied that the base station was no longer in use, but the licensed frequencies were being used for mobile-to-mobile communications. As a result, the Division concluded that the authorization for the base station had terminated automatically pursuant to Section 90.157(a) of the Commission's Rules, and ordered that the Commission's licensing database be modified to delete location 1 from the license. The Division stated that the authorization for the mobile units remained valid. Atlantic argues that the Division erred in not canceling the entire license for Station KBG477. It cites a decision of the Division's predecessor for the proposition that mobile-to-mobile
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  • of the Communications Act of 1934, as amended,4directed Koch Skanska to provide information concerning the operational status of Station KBG477.5Koch Skanska replied that the base station was no longer in use, but the licensed frequencies were being used for mobile-to-mobile communications.6 As a result, the Division concluded that the authorization for the base station had terminated automatically pursuant to Section 90.157(a) of the Commission's Rules,7and ordered that the Commission's licensing database be modified to delete location 1 from the license.8The Division stated that the authorization for the mobile units remained valid.9 3. Atlantic argues that the Division erred in not canceling the entire license for Station KBG477. It cites a decision of the Division's predecessor for the proposition that mobile-to-mobile communications
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  • of the Commission's Rules provides generally that if a station is permanently discontinued, the license will terminate automatically. 47 C.F.R. � 1.955(a)(3). Section 22.317 of the Commission's Rules provides that any station licensed under Part 22 that has not provided service to subscribers for ninety continuous days is considered to have been permanently discontinued. 47 C.F.R. � 22.317. Under Section 90.157(a) of the Commission's Rules, a Part 90 station that has not been operated for one year or more is considered to have been permanently discontinued. 47 C.F.R. � 90.157(a). Because of the complexities involved in migrating users from the systems operated by the former licensees, PG&E currently is leasing frequencies that have been assigned to it back to the former
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  • of the Commission's Rules provides generally that if a station is permanently discontinued, the license will terminate automatically. 47 C.F.R. � 1.955(a)(3). Section 22.317 of the Commission's Rules provides that any station licensed under Part 22 that has not provided service to subscribers for ninety continuous days is considered to have been permanently discontinued. 47 C.F.R. � 22.317. Under Section 90.157(a) of the Commission's Rules, a Part 90 station that has not been operated for one year or more is considered to have been permanently discontinued. 47 C.F.R. � 90.157(a). Because of the complexities involved in migrating users from the systems operated by the former licensees, PG&E currently is leasing frequencies that have been assigned to it back (continued....) 3466 Federal
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  • RF Data provide specified information concerning the operational status of Station WPVS899 within thirty days. The Division Letter stated that if RF Data failed to respond within thirty days, the Division could conclude that the authorization for Station WPVS899 had terminated due to permanent discontinuance of operation. No response to the Division Letter has been received to date. Discussion. Section 90.157 of the Commission's Rules provides that a license for a private land mobile radio station cancels automatically upon discontinuance of operation for a period of one year or more. The information provided in the Telecom Request is persuasive evidence supporting Telecom's claim that Station WPVS899 is not in operation and that its authorization cancelled automatically due to a permanent discontinuance
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  • Division could conclude that the authorization for Station WPVS899 had terminated due to permanent discontinuance of operation.7No response to the Division Letter has been received to date. 1SeeLetter dated January 20, 2011 from John W. Bos, President, Telecom Communications, Inc. to Terry L. Fishel, Federal Communications Commission (Request). 2FCC File No. 0000913677 (filed June 5, 2002). 3SeeRequest at 1. Section 90.157(a) of the Commission's Rules provides that a Part 90 authorization, such as the license for Station WPVS899, cancels upon permanent discontinuance of operations. For the purpose of this section, any station that has not operated for one year or more is considered to have permanently discontinued operations. Section 1.955(a)(3) provides generally that authorizations terminate automatically, without Commission action, if service
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  • Beers Chief, Policy Division Public Safety and Homeland Security Bureau Port Authority Petition for Reconsideration (filed Feb. 11, 2011) (Petition). See File Nos. 0004525958 and 0004525959. For a list of these stations, see the attachment to Port Authority of New York and New Jersey, Letter Order, 25 FCC Rcd 17555 (PSHSB PD 2010) (December 2010 Letter Order). 47 C.F.R. �� 90.157, 101.65(b). See Port Authority of New York and New Jersey, Order, 17 FCC Rcd 16784 (WTB PSPWD 2002); Port Authority of New York and New Jersey, Order, 18 FCC Rcd 19243 (WTB PSPWD 2003); Letter dated Nov. 10, 2004 from Michael J. Wilhelm, Chief, Public Safety and Critical Infrastructure Division, to Jeffrey S. Green, Esq., General Counsel, Port Authority of
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  • period expires''). Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver and Extension of the Construction Requirements for 220 MHz Service Phase II regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19 FCC Rcd 12994, 13002, � 19 (WTB 2004) (Extension MO&O). Id. at 13001, � 17. Id. at 13002, � 20. See, e.g., FCC File Nos. 0001685861 (WPOJ213); 0001685877 (WPOJ215). Extension Requests at 1. Id. Id. at 2. Id. Id. 47 C.F.R. � 1.925. The Commission has stated that, in situations in
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  • period expires"). 9Request of Warren C. Havens for Waiver or Extension of The Five-Year Construction Requirement For 220 MHz Service Phase II Economic Area and Regional Licensees, Request of BizCom USA, Inc. for Waiver and Extension of the Construction Requirements for 220 MHz Service Phase II regional and Nationwide Licensees, and Request of Cornerstone SMR, Inc. for Waiver of Section 90.157 of the Commission's Rules, Memorandum Opinion and Order, 19FCC Rcd 12994, 13002, �19 (WTB 2004) (ExtensionMO&O). 10Id.at 13001, � 17. 11Id.at 13002, �20. 12See, e.g., FCC File Nos. 0001685861 (WPOJ213); 0001685877 (WPOJ215). 13Extension Requests at 1. 14Id. 15Id. at 2. 6717 request is supported by the precedence set in the case of extensions granted Local Multipoint Distribution Service (LMDS) licensees.
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  • 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 the
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  • Proposed Rule Making and Order, FCC 07-85, in the above-captioned proceeding. This Erratum corrects typographical errors in Appendix B of the item as indicated below: In Section 90.20(d)(42), the text is amended to read as follows: (42) This frequency may not be assigned within 161 km (100 miles) of New Orleans, La. (coordinates 29�56'53" N and 90�04'10" W). In Section 90.157, the text is amended to read as follows: (a) An authorization shall cancel automatically upon permanent discontinuance of operations. Unless stated otherwise in this part or in a station authorization, for the purposes of this section, any station which has not operated for one year or more is considered to have been permanently discontinued. (b) For DSRCS Roadside Units (RSUs)
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-328 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Ronald M. Senio Senior Attorney, Law Department Port Authority of New York and New Jersey 225 Park Avenue South, 14th Floor New York, New York 10003 Re: In the Matter of the Port Authority of New York and New Jersey Request for Waiver of Sections 90.157 and 101.65(b) of the Commission's Rules On behalf of the Port Authority of New York and New Jersey (Port Authority), you filed a request for waiver of Sections 90.157 and 101.65(b) of the Commission's rules, seeking a one-year extension to construct the stations listed in the attachment to this letter (collectively, World Trade Center Stations). For the reasons stated below,
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  • request targeting Station WNIT929, licensed to Jersey Central Power and Light Company (Jersey Central). However, Marina Concrete, Inc. (Marina Concrete) filed an earlier finder's request regarding Station WNIT929 on July 15, 1996. In its request, Marina Concrete provided prima facie evidence that Station WNIT929 had not been in operation for over one year and was, therefore, in violation of Section 90.157(b) of the Commission's Rules. Based on Marina Concrete's showing, the former Office of Operations cancelled Jersey Central's license and awarded a dispositive preference to Marina Concrete for Station WNIT929. Subsequently, on July 25, 1997, the Bureau's Public Safety and Private Wireless Division (Division) dismissed Radio Team's finder's preference request based on the award to Marina Concrete. Marina Concrete failed to
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  • 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 of station operation for twelve months or more. 47 C.F.R. � 90.157. See also 47 C.F.R. �� 90.173(b), 90.403(e) (requiring licensees to undertake precautions to avoid harmful interference). See Letter from Robert M. Gurss, counsel for APCO, to Magalie Roman Salas, Secretary, FCC (dated Nov. 6, 2000). See Nextel
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  • 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 of station operation for twelve months or more. 47 C.F.R. � 90.157. See also 47 C.F.R. �� 90.173(b), 90.403(e) (requiring licensees to undertake precautions to avoid harmful interference). See Letter from Robert M. Gurss, counsel for APCO, to Magalie Roman Salas, Secretary, FCC (dated Nov. 6, 2000). See Nextel
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  • H. Kellett, Federal Communications Commission, from Robert Lewis Thompson, counsel to Trojan Security Services, Inc. (dated January 31, 1997). See Finder's Preference Request at 2 (filed December 8, 1994) (Request). Id. Id. at Exhibit 2. Id. at Exhibit 1. See also Mobile U.H.F. Inc.'s Supplemental information (filed July 19, 1995) at Exhibit 3. See note 2, supra. 47 C.F.R. � 90.157. Federal Communications Commission FCC 00-43 Federal Communications Commission FCC 00-43 F
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  • in Interstate's applications, 2) that Interstate is interfering with the Coop's use of the shared channels, and 3) that the frequency assignment was improper and the coordination process was unconstitutionally tainted by bias. The Coop's Claims of Defects in Interstate's Applications. The first category of objections made by the Coop involve alleged defects in Interstate's modification application based on Section 90.157 of the Commission's Rules. Specifically, the Coop alleges that Interstate's license for Station KNIC418 (frequency pair 452.825/457.825 MHz) cancelled automatically within the meaning of Section 90.157. Interstate was first licensed for Station KNIC418 in the 1980s and it operated this station for several years before it joined the Coop in 1990. The Coop, which is also licensed for 452.825/457.825 MHz
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  • count, power, and height associated with Station WNNJ617's operations. Before processing of the modification application was completed, Veracon filed a letter of objection on August 7, 1995, which alleged that the station had not been in operation at the Sears Tower location since September 1, 1993, and requested that the application be dismissed without further action in accordance with Section 90.157 of the Commission's Rules. On August 17, 1995, Quatron filed an application seeking to assign the WNNJ617 license to O'Hare-Midway Limousine Service (O'Hare). The August 7, 1995 letter was associated with the modification application but the information contained therein was deemed insufficient to deny the application and the modification application was granted on August 28, 1995. 4. Veracon, believing that
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  • and denied it in part. Specifically, the Division granted reconsideration of its action setting aside the assignment of Station KGU261 from Nelson to Dickinson. The Division also concluded, however, that because Station KGU261 had already been out of operation for a period in excess of one year before Dickinson sought relief, the station license had automatically canceled pursuant to Section 90.157 of the Commission's Rules. On August 2, 1996, Dickinson filed a petition for reconsideration (Further Petition) of the July 29, 1996, action. Dickinson argued that Station KGU261 had not failed to operate for a period in excess of one year, since the Loma Prieta-Los Gatos secondary site was operational. Dickinson additionally alleged that it had sought reinstatement of its license
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  • reduction efforts because the Bureau received indications that a relatively prompt settlement of the case was possible. No settlement has occurred, however, so we are now acting on the Application for Review. Nationwide Application for Review at 1. See Licensing Branch Letter at 1; see also fn. 9, supra., 47 CFR � 90.633(b). 47 CFR � 90.621(b)(4). 47 CFR � 90.157. 47 CFR � 90.633(d). 47 CFR � 90.135(a)(5). Abraham Communications, Inc., Memorandum Opinion and Order, FCC 96-324 (rel. Sept. 18, 1996). (continued....) Federal Communications Commission FCC 01-112 Federal Communications Commission FCC 01-112 � � �0� � @& �0� �0� �0� �0� �0� ��� � �
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  • the same general locale (Los Angeles, California) as SLTHS, asserts that grant of the reinstatement application adversely affects his own station operation. Kay also alleges that improper maintenance of the SLTHS station is interfering with his efforts to modify his existing facilities to better serve his customers. Petition to Deny at 2. Petition to Deny at 3. 47 C.F.R. � 90.157 provides that a station license shall cancel automatically upon permanent discontinuance of operations. It further states that any station which has not operated for one year or more is considered to have been permanently discontinued. Petition to Deny at 3-4. In the alternative, Kay suggests that the Commission initiate license revocation proceedings with respect to the subject application and any
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  • Communications, and Robyn G. Nietert, Esq., dated November 18, 1999 (Licensing Branch Letter). 47 C.F.R. � 90.633(d). On June 2, 1993, Kay was granted an authorization to operate Station WPAZ639, Oat Mountain, Northridge, CA, Channel 851.4125 MHz with 72 mobiles. Kay constructed the station and loaded it with 72 mobiles. See Kay Application for Review at 4. 47 C.F.R. � 90.157. Application for Review at 7-8. The Licensing Branch denied the modification because the application did not contain either a frequency coordination statement or a co-channel concurrence statement from Kay, the co-channel licensee, as required by 47 C.F.R. � 90.621(b)(4). Application for Review at 7-8. 47 CFR � 90.157. 47 CFR � 90.633(d). 47 CFR � 90.135(a)(5). Because Thompson was precluded
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  • 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 pursuant
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  • (Veracon) targeting Station WNVA790. For the reasons discussed below, the application for review is denied. Background On October 26, 1993, Veracon filed a finder's preference request (Request) targeting Calumet's authorization to operate Station WNVA790, on frequency pair 853.2375/808.2375 MHz, in the Chicago, Illinois area. Veracon contended that Calumet failed to timely construct and operate Station WNVA790 in accordance with Sections 90.157 and 90.633 of the Commission's Rules. As evidence of Calumet's failure to construct, Veracon submitted the sworn affidavit of Mr. Robert Barcal, Sr., president of Veracon, who stated (1) that he had inspected Calumet's authorized transmitter site for Station WNVA790, but was unable to locate any equipment operating on the subject frequencies; (2) that he had monitored Station WNVA790 on
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  • those frequencies to the finder. The Commission discontinued the finder's preference program for the 800 MHz service in 1995 after transitioning from site-by-site licensing to geographic area licensing. 3. On October 11, 1993, Kay filed a finder's preference request against AVCOM's station WNPA325, licensed to operate on 854.7125 MHz in Banning, California. Kay alleged that AVCOM violated: (i) rule section 90.157(a), which provides that a license cancels automatically upon permanent discontinuance of operations; and (ii) rule section 90.157(b), which provides that any station that has not operated for one year or more is considered to have permanently discontinued service. In support of his Finder's Preference Request, Kay provided Commission licensing records that reflected no authorized end users associated with target station
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  • (RSUs) in the 5850-5925 MHz band must be placed in operation within 12 months from the date of registration (see � 90.375 of this part) or the authority to operate the RSUs cancels automatically (see � 1.955 of this chapter). Such registration date(s) do not change the overall renewal period of the single license. * * * * * Section 90.157 is amended as follows: � 90.157 Discontinuance of station operation. (a) A station license shall cancel automatically upon permanent discontinuance of operations. Unless stated otherwise in this part or in a station authorization, for the purposes of this section, any station which has not operated for one year or more is considered to have been permanently discontinued. (b) For DSRCS
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  • 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 file
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  • 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 units operating on the station by the eight-month deadline. Kay also alleged that Harris violated former rule section 90.157, which held that any station that has not operated for one year or more is considered to be permanently discontinued and therefore cancels automatically. In support of his allegations, Kay relied exclusively on the absence from the Commission's loading records of any record of mobiles associated with Harris' station. On October 17, 2001, the Division denied Kay's finder's preference request.
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  • a frequency coordinator or other independent third party contracted by ACS to substantiate these claims. See 47 C.F.R. � 1.106(e). This rules states in relevant part, that ``[w]here a petition for reconsideration is based upon a claim of electrical interference, ... such petition ... must be accompanied by an affidavit of a qualified radio engineer.'' Id. See 47 C.F.R. � 90.157. See id. at 10561 n.26. See Petition at 5. AFR at 8. See Application of Wine Country Radio, Memorandum Opinion and Order, 11 FCC Rcd 2333, 2334 � 6 (1996) (citing Johnson v. United States, 628 F.2d 187 (D.C. Cir. 1980)). Cf. Application of Rocky Mountain Radio, Inc., Memorandum Opinion and Order, 15 FCC Rcd 7166, 7167-7168 � 3 (1999).
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  • id. If there is a pending question as to whether the license is subject to revocation, cancellation, or termination (e.g., where the initial construction requirements for a site-based license may have not been met, as required under our rules (e.g., sections 90.155, 90.631(e)), or where there has been a permanent discontinuation of services, in contravention of our rules (e.g., sections 90.157, 90.631(f)), we determine that a license assignment or transfer of control cannot proceed under these procedures. See, e.g., 47 C.F.R. �� 90.155, 90.157, 90.631(e)-(f). See para. 31, supra. To the extent a license assignment or transfer of control involving a Wireless Radio Service does not qualify for this streamlined application/immediate grant processing, we will process the application pursuant to the
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  • the 806-824/851-869 MHz band in order to separate cellular systems from non-cellular systems. In order to facilitate reconfiguration of the 806-824/851-869 MHz band (``800 MHz band'') to separate cellular systems from non-cellular systems, Nextel Communications, Inc. (Nextel) may relocate incumbents within the 800 MHz band by providing ``comparable facilities.'' For the limited purpose of band reconfiguration, the provisions of � 90.157 shall not apply and inter-category sharing will be permitted under all circumstances. Such relocation is subject to the following provisions: (a) Within thirty days of Commission approval of the Transition Administrator, the Transition Administrator described in � 90.676 will provide the Commission with a schedule detailing when band reconfiguration shall commence for each NPSPAC Region. The plan should also detail
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  • the 806-824/851-869 MHz band in order to separate cellular systems from non-cellular systems. In order to facilitate reconfiguration of the 806-824/851-869 MHz band (``800 MHz band'') to separate cellular systems from non-cellular systems, Nextel Communications, Inc. (Nextel) may relocate incumbents within the 800 MHz band by providing ``comparable facilities.'' For the limited purpose of band reconfiguration, the provisions of � 90.157 shall not apply and inter-category sharing will be permitted under all circumstances. Such relocation is subject to the following provisions: (a) Within thirty days of Commission approval of the Transition Administrator, the Transition Administrator described in � 90.676 will provide the Commission with a schedule detailing when band reconfiguration shall commence for each NPSPAC Region. The plan should also detail
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  • on November 5, 2002, denying GEI's Petition for Reconsideration filed on April 6, 2001 (Petition). Finding that Station WNGQ365 had discontinued operations from November 1995, to at least May 1998, the Branch Order affirmed a letter released by the Division's Licensing and Technical Analysis Branch (Licensing Branch) explaining that the above-captioned license for Station WNGQ365 automatically cancelled pursuant to Section 90.157 of the Commission's rules. For the reasons discussed below, we deny GEI's Application for Review. BACKGROUND Three licenses are relevant to this proceeding: WNGQ365, WNHN211, and KGE571. Mr. Harry Kohli, Sr., d/b/a Glendale Electronics (Glendale), was the original licensee for Stations WNGQ365 and WNHN211, and the City of Los Angeles, on behalf of the Los Angeles Police Department (LAPD), is
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  • MHz band in order to separate high-density cellular systems from non-cellular systems. In order to facilitate reconfiguration of the 806-824/851-869 MHz band ("800 MHz band") to separate high-density cellular systems from non-cellular systems, Nextel Communications, Inc. (Nextel) may relocate incumbents within the 800 MHz band by providing "comparable facilities." For the limited purpose of band reconfiguration, the provisions of � 90.157 shall not apply and inter-category sharing will be permitted under all circumstances. Such relocation is subject to the following provisions: * * * * * (d) Transition Administrator. (1) The Transition Administrator, or other mediator, shall attempt to resolve disputes referred to it before the conclusion of the mandatory negotiation period as described in � 90.677(c) within thirty working days
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  • has not provided any of the required tax returns or criminal records. PCSI's failure to maintain the continuing accuracy of the information in its Waiver Request and its failure to respond fully and completely to the Bureau's direction for information require further exploration at hearing, as specified in the Ordering Clauses below. Lack of Operation of PCSI Licenses Under Section 90.157 of the Commission's Rules, by operation of law, a wireless licensee's licenses cancel for discontinuation if the licensee has failed to operate its licenses for over one year and not obtained permission from the Commission to discontinue such operation. PCSI's LOI responses indicated that when its founding members initially formed the idea of acquiring SMR licenses, their intention was to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-85A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-85A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-85A1.txt
  • 90.138 Applications for itinerant frequencies. An application for authority to conduct an itinerant operation in the Industrial/Business Pool must be restricted to use of itinerant frequencies or other frequencies not designated for permanent use and need not be accompanied by evidence of frequency coordination. Users should be aware that no interference protection is provided from other itinerant operations. 9. Section 90.157 is revised to read as follows: � 90.157 Discontinuance of station operation. An authorization shall cancel automatically upon permanent discontinuance of operations. Unless stated otherwise in this part or in a station authorization, for the purposes of this section, any station which has not operated for one year or more is considered to have been permanently discontinued. 10. Section 90.203
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-61A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-61A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-61A1.txt
  • application for review. Background. The above-captioned application to assign the licenses for private land mobile radio stations KLH414 and KL3784 from NRMC to MRA was filed on July 8, 2004. NSTN filed an informal petition to dismiss or deny the application on the grounds that the subject licenses cancelled automatically due to permanent discontinuance of station operation pursuant to Section 90.157 of the Commission's Rules. In support of its claim that station operation had been discontinued, NSTN asserted that NRMC had been NSTN's customer, paying NSTN to operate on NSTN's co-channel Station WPPZ334, Glendale, California. In opposition, MRA submitted documentation and sworn declarations from principals of NRMC and MRA attesting that the NRMC stations were in continuous operation, including the period
• 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
  • like services comparable regulatory treatment. Current Requirements Under section 1.955(a)(3), ``[t]he Commission authorization or the individual service rules govern the definition of permanent discontinuance for purposes of this section.'' Part 22, for example, provides that a ``station that has not provided service to subscribers for 90 continuous days is considered to have been permanently discontinued . . . .'' Section 90.157(a), which applies to most Part 90 services, provides that ``[a]n authorization shall cancel automatically upon permanent discontinuance of operations.'' The rule further provides that ``for the purposes of this section, any station which has not operated for one year or more is considered to have been permanently discontinued.'' In contrast to the Part 22 and Part 90 rules, many services,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
  • and like services comparable regulatory treatment. 1. Current Requirements 51.Under section 1.955(a)(3), "[t]he Commission authorization or the individual service rules govern the definition of permanent discontinuance for purposes of this section."156 Part 22,157for example, provides that a "station that has not provided service to subscribersfor 90 continuous days is considered to have been permanently discontinued . . . ."158 Section 90.157(a), which applies to most Part 90 services, provides that "[a]n authorization shall cancel automatically upon permanent discontinuance of operations."159The rule further provides that "for the purposes of this section, any station which has not operatedfor one year or more is considered to have been permanently discontinued."160 52.In contrast to the Part 22 and Part 90 rules, many services, including those
• 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
  • to 1.913 consolidated Part 1 Rule). 90.149(a), (b) License Term (remove references to license 90.149(a) reinstatement). 90.151 Requests for waiver (move to consolidated Part 1 Rule). 1.925 90.153 Transfer or assignment of station authorization (move to 1.948 consolidated Part 1 Rule). 90.155(d) Time in which station must be placed in operation 90.155(d) (remove requirement of returning cancelled license to FCC). 90.157 Discontinuance of station operation (change to reflect 90.157 electronic filing via the ULS). 90.159 Temporary and conditional permits (change to reflect 90.159 ULS). 90.160 Public Notice (move to consolidated Part 1 Rule). 1.933 90.161(a) Amendment or dismissal of applications -- Amendment 1.927 (move to consolidated Part 1 Rule). 90.161(b) Amendment or dismissal of applications (move to 1.934 consolidated Part 1
• http://transition.fcc.gov/eb/Orders/2001/da011846.doc http://transition.fcc.gov/eb/Orders/2001/da011846.html
  • decision concluded that no enforcement action was warranted. In its petition for reconsideration, Atlantic argues that the letter decision incorrectly concluded that no enforcement action was warranted. Atlantic states that it provided extensive evidence that Station WIL722 was not operational for more than a year and that when it did operate it did so at an unauthorized location. Citing Section 90.157 of the Commission's Rules (``Rules''), Atlantic states that it appears that Station WIL722 permanently discontinued operations and that its associated license cancelled automatically. Section 1.903(a) of the Rules provides, in pertinent part, that stations in the Wireless Radio Services must be used and operated only in accordance with a valid authorization granted by the Commission. Elmont admitted that it placed
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-125A1.html
  • any of the required tax returns or criminal records. 49. PCSI's failure to maintain the continuing accuracy of the information in its Waiver Request and its failure to respond fully and completely to the Bureau's direction for information require further exploration at hearing, as specified in the Ordering Clauses below. A. Lack of Operation of PCSI Licenses 50. Under Section 90.157 of the Commission's Rules, by operation of law, a wireless licensee's licenses cancel for discontinuation if the licensee has failed to operate its licenses for over one year and not obtained permission from the Commission to discontinue such operation. PCSI's LOI responses indicated that when its founding members initially formed the idea of acquiring SMR licenses, their intention was to
• http://transition.fcc.gov/eb/Public_Notices/da001311.doc http://transition.fcc.gov/eb/Public_Notices/da001311.html
  • 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 Association, Philadelphia, PA. Philadelphia, PA Office (5/22/00). 47 C.F.R. � 90.187 (Trunking in the Bands Between 150 and 512 MHz) Shell Chemical Co., Deer Park, TX. NOV also issued for violation of 47 C.F.R. �� 90.403 (General Operating Requirements) and 90.425 (Station Identification). Houston, TX Office (5/5/00). 47 C.F.R. � 90.205 (Power and
• http://transition.fcc.gov/eb/Public_Notices/da001683.doc http://transition.fcc.gov/eb/Public_Notices/da001683.html
  • � 80.927 - Antenna Radio Frequency Indicator Clipper City, Inc., Baltimore, MD, WAX4066. Columbia, MD District Office (6/2/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.135 - Modification of License Diamond Cab Company, Saint Paul, MN. Other violation: 47 C.F.R. � 90.425 (Station Identification). St. Paul, MN Resident Agent Office (6/6/00). 47 C.F.R. � 90.157 - Discontinuance of Station Operation Malden Mills Industries, Inc., WNYE717, Lawrence, MA. Boston, MA District Office (6/9/00). Intouch Communications, WPJZ438, Warwick, RI. Boston, MA District Office (6/19/00). Northeast Communications Systems, WNNL347, West Greenwich, RI. Boston, MA District Office (6/23/00). 47 C.F.R. � 90.403 - General Operating Requirements Jose Portoviejo d.b.a. International Car Service, Inc., WPLT-995, Brooklyn, NY. New York, NY
• http://transition.fcc.gov/eb/Public_Notices/da002408.doc http://transition.fcc.gov/eb/Public_Notices/da002408.html
  • Pine Orchard, CT. Boston, MA District Office (9/18/00). 47 C.F.R. � 80.409 - Station Logs Hornblower Dining Yachts, San Francisco, CA. San Francisco, CA District Office (9/7/00). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. � 87.187 -Frequencies Robert Veal.. Anchorage, AK Resident Agent Office (9/7/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.157 - Discontinuance of Station Operation CNF Transportation Inc., KNEC223, Portland, OR. Boston, MA District Office (9/21/00). Schindler Elevator Corp., KNGK438, Morristown, NJ. Boston, MA District Office (9/21/00). 47 C.F.R. � 90.437 - Posting Station Licenses Federal Express Corp., WPLH430, Collierville, TN. Boston, MA District Office (9/18/00). Janazzo Heating & Air Conditioning, Inc., WPHZ369, Milldale, CT. Other violation: 47 C.F.R. �
• http://transition.fcc.gov/eb/Public_Notices/da002855.doc http://transition.fcc.gov/eb/Public_Notices/da002855.html
  • (11/9/00). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. � 87.193 - Scope of Service Everett Mellish, La Center, WA. Portland, OR Resident Agent Office (11/1/00). Oahu Aviation, Honolulu, HI. Honolulu, HI Resident Agent Office (11/22/00). UND Aerospace, Honolulu, HI. Honolulu, HI Resident Agent Office (11/27/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.157 - Discontinuance of Station Operation Hanscoms Truck Stop, Inc., WNYR772, Portsmouth, NH. Boston, MA District Office (11/16/00). Fisher Scientific International, Inc., KNFD878, Hampton, NH. Boston, MA District Office (11/20/00). 47 C.F.R. � 90.403 - General Operating Requirements Bell Radio Inc., d/b/a Ding A Ling, Inc. Other violation: 47 C.F.R � 90.425 (Station Identification). New York, NY District Office. (11/17/00). 47
• http://transition.fcc.gov/eb/Public_Notices/da00813.doc http://transition.fcc.gov/eb/Public_Notices/da00813.html
  • Mobile Services Rules) 47 C.F.R. � 90.135 (Modification of License) New Style Car & Limo Incorporated, WPNS-568, Yonkers, NY. NOV also issued for violation of 47 C.F.R. � 90.425(a). New York, NY Office (3/2/00). Safe Travel, Inc., Chicago, IL. Chicago, IL Office (3/21/00). Comcast Cablevision of Mercer County, Inc., KLY633, Upper Merion, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.157 (Discontinuance of Station Operation) Dudlik Construction Co., Inc., WRU742, Huntinton Valley, PA. Philadelphia, PA Office (3/29/00). John S. Posen, Inc., WII34 and WPNU211, Centre Square, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.173 (Policies Governing the Assignment of Frequencies) Area Surveying Consultants, Inc., Colorado Springs, CO. NOV also issued for violation of 47 C.F.R. �� 90.233 and 90.403. Denver,
• http://transition.fcc.gov/eb/Public_Notices/da00996.doc http://transition.fcc.gov/eb/Public_Notices/da00996.html
  • 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, PA. Philadelphia, PA Office (4/26/00). 47 C.F.R. � 90.210 (Emission Masks) Oregon Pacific Railroad Company, Portland, OR. Portland, OR Office (4/6/00). CARGILL, Inc. NOV also issued for violation of 47 C.F.R. �� 90.213 (Frequency Stability) and
• http://transition.fcc.gov/eb/Public_Notices/da011019.doc http://transition.fcc.gov/eb/Public_Notices/da011019.html
  • Valley Crest Tree Company, Sunol, CA. Other violation: 47 C.F.R. � 90.425 (Station Identification). San Francisco, CA District Office (3/5/01). Super Limousine Service, Inc., West New York, NJ, WPNQ400. Other violation: 47 C.F.R. � 90.403 (General Operating Requirements). New York, NY District Office (3/12/01). Klaus D. Kramer d.b.a. Mikes Cycle Shop (WPHP749), Oklahoma City, OK. Other violations: 47 C.F.R. �� 90.157 (Discontinuance of Station Operation), 90.203 (Certification Required), 90.403 (General Operating Requirements), 90.405 (Permissible Communications), 90.417 (Interstation Communication), 90.425 (Station Identification) and 90.427 (Precautions Against Unauthorized Operation). Dallas, TX District Office (3/12/01). Target, Minneapolis, MN. Other violation: 47 C.F.R. � 90.425 (Station Identification). San Francisco, CA District Office (3/15/01). Howard County Cab, Jessup, MD, WPRV860. Columbia, MD District Office (3/19/01). Pandol
• http://transition.fcc.gov/eb/Public_Notices/da011314.doc http://transition.fcc.gov/eb/Public_Notices/da011314.html
  • Resort, Atlantic City, New Jersey, KA5-2726. Philadelphia, PA District Office (4/23/01). 47 C.F.R. � 1.903 - Authorization Required Jameel Ali, Inc., d/b/a Rockaway Car Service, WPRL-532, South Ozone Park, NY. New York, NY District Office (4/23/01). 47 C.F.R. � 1.929 - Classifications of Filings as Major or Minor Occhino Towing Inc., - Buffalo, New York. Other vioolation: 47 C.F.R. � 90.157 (Discontinuance of Station Operation). Buffalo, NY Resident Agent Office (4/20/01). 47 C.F.R. � 1.948 - Assignment of Authorization or Transfer of Control, Notification of Consummation Greenville Broadcasting Company, Greenville, Pennsylvania. Philadelphia, PA District Office (4/12/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. � 11.15 - EAS Operating Handbook Aura Broadcasting Corp., Hatillo, PR. Other violations: 47
• http://transition.fcc.gov/eb/Public_Notices/da01541.doc http://transition.fcc.gov/eb/Public_Notices/da01541.html
  • 87 - Aviation Services 47 C.F.R. � 87.187 - Frequencies Robert Hubbard, Anchorage, AK. Anchorage, AK Resident Agent Office (1/17/01). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.135 - Modification of License Adam Polelowski (WPPG399), Buffalo, NY. Other violation: 47 C.F.R. � 90.425 (Station Identification). Buffalo, NY Resident Agent Office (1/18/01). 47 C.F.R. � 90.157 - Discontinuance of Station Operation Light Towing (WPKG217), Buffalo, NY. Buffalo, NY Resident Agent Office (1/18/01). 47 C.F.R. � 90.403 - General Operating Requirements Liberty Communications, Inc., Buffalo, NY. Buffalo, NY Resident Agent Office (1/18/01). Portland General Electric, Boardman, OR. Portland, OR Resident Agent Office (1/18/01). Broadway Taxi (KEJ850), Buffalo, NY. Buffalo, NY Resident Agent Office (1/19/01). Filmore Taxi (WPMN586),
• 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
  • 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 conventional
• 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
  • 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 of station operation for twelve months or more. 47 C.F.R. � 90.157. See also 47 C.F.R. �� 90.173(b), 90.403(e) (requiring licensees to undertake precautions to avoid harmful interference). See Letter from Robert M. Gurss, counsel for APCO, to Magalie Roman Salas, Secretary, FCC (dated Nov. 6, 2000). See Nextel
• http://wireless.fcc.gov/index.htm?job=headlines&y=2003
  • [60]Dec. December 12/24/2003 PUBLIC NOTICE (DA 03-4099) Leap Wireless International Inc., Debtor-in-Possession Seeks FCC Consent for the Assignment of Broadband Personal Communications Services Licenses to Leap Wireless International Inc. [61]pdf - [62]Word 12/23/2003 ORDER (DA 03-4082) 220 MHz, Inc., LASMR, and C. Dino Sakkis Licensees of WPCV804, WPCB301, and WPCR818 Request for Extension of Time and Waiver of 47 C.F.R 90.157 [63]pdf - [64]Word 12/19/2003 ORDER (DA 03-4057) WorldCom and Its Subsidiaries Transferor and MCI Inc Transferee, Applications for Consent to Transfer and/or Assign Authorization and Licenses [65]pdf - [66]Word 12/19/2003 LETTER (DA 03-3846) SBC Telecommunications, Inc; SBC's Request for Approval is Dismissed and SBC's Agreement with WorldCom are Dismissed as Moot [67]pdf - [68]Word 12/19/2003 LETTER (DA 03-3844) BellSouth's Motion
• http://wireless.fcc.gov/index.htm?job=headlines&y=2004
  • 7/13/2004 PUBLIC NOTICE (DA 04-2119) Cingular Wireless Corporation and T-Mobile USA, Inc. Seek FCC Consent to Assignment of Licenses and Approval of Long-term De Facto Leasing Arrangements [541]pdf - [542]Word 7/13/2004 MEMORANDUM OPINION AND ORDER (DA 04-2100) In the Matter of Warren Havens for Economic Area and Regional Licenses; BizCom for Regional and Nationwide Licenses and Cornerstone for Waiver of 90.157 Rules [543]pdf - [544]Word 7/12/2004 PUBLIC NOTICE (DA 04-2084) WTB Grants Specialized Mobile Radio Service Licenses (Auction No. 55) [545]pdf - [546]Word Attachment A: [547]xls Attachment B: [548]pdf - [549]Word Attachment C: [550]pdf - [551]Word Attachment D: [552]pdf - [553]Word 7/8/2004 NEWS RELEASE FCC Adopts Measures to Increase Rural Investment and Facilitate Deployment of Spectrum-Based Services in Rural Areas [554]pdf
• http://wireless.fcc.gov/index.htm?job=headlines&y=2006
  • Deny Application to Renew License for Automated Maritime Telecommunications System Station WHG545 [552]pdf - [553]Word 7/7/2006 ORDER (DA 06-1397) Re: Samuel Moses; Grants Petitions of Samuel Moses Against Use of Frequency 936.900 MHz by Dallas Area Rapid Transit Authority [554]pdf - [555]Word 7/7/2006 ORDER (DA 06-1398) Re: County of Mecklenburg ; Grants Request of Mecklenburg County for Waiver of Section 90.157 to Permit Temporary Discontinuance of Operation of Station WPVU56 [556]pdf - [557]Word 7/7/2006 PUBLIC NOTICE (DA 06-1402) Auction of Advanced Wireless Services Licenses; Status of FCC Form 175 Applications to Participate in Auction No. 66 [558]pdf - [559]Word Attachment A: [560]pdf Attachment B: [561]pdf June 6/27/2006 PUBLIC NOTICE (DA 06-1322) WTB Approves Region 43 (Washington) 700 MHz Regional Plan [562]pdf
• http://wireless.fcc.gov/licensing/index.htm?job=audit_faq&id=220
  • via Audit Filing? Why is there an audit and who does it affect? The Wireless Telecommunications Bureau (WTB) is conducting its second spectrum audit of licenses authorized under Part 90 of the Commission's rules. These audits are being performed to increase the accuracy of the Commission's licensing database in order to efficiently and effectively manage the radio spectrum. Under [39]Section 90.157, if a station has discontinued operations for one year or more, it is considered to be permanently discontinued and, therefore, the license automatically cancels. Section 1.955 of the Commission's rules require a licensee to notify the Commission of the discontinuance by filing a FCC Form 601. The 220 MHz licenses included in this audit are site-specific licenses, authorized under Phase
• http://wireless.fcc.gov/licensing/index.htm?job=audit_home&id=220
  • The Universal Licensing System has been updated to reflect these licenses as terminated. Licensees that believe their license was cancelled in error have thirty (30) days from the publication of this Public Notice in the Federal Register to file a Petition for Reconsideration with the Commission. The audit was initiated to determine if stations were operational pursuant to [29]47 CFR 90.157. A station is considered to be permanently discontinued if it has discontinued operations for one year or more. * [30]Scope * [31]Process * [32]Responses * [33]Audit Progress and Results Scope The 220 MHz licenses included in this audit were site-specific licenses, authorized under Phase I of 220 MHz licensing, and are in the following radio services: * QT - 220
• http://wireless.fcc.gov/services/index.htm?job=operations_1&id=220mhz
  • of its initial license in accordance with [36]Rule 90.769. Alternatively a Phase II NWA licensee may demonstrate substantial service at its 5 and 10 year benchmarks also in accordance with [37]Rule 90.769. Deconstruction or Discontinuance of Station Operations A station that is not operational for one year or more is considered to have been permanently discontinued as described in [38]Rule 90.157. [39]Return to Top Arrow Return To Top Last reviewed/updated on 9/24/2007 [40]FCC Home [41]Search [42]RSS [43]Updates [44]E-Filing [45]Initiatives [46]Consumers [47]Find People [48]Licensing, Technical Support and Website Issues - [49]Forgot Your Password? - [50]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW Washington, DC 20554 [51]More FCC Contact Information... Phone: 1-888-CALL-FCC (1-888-225-5322) TTY: 1-888-TELL-FCC (1-888-835-5322) Fax:
• http://wireless.fcc.gov/services/index.htm?job=service_releases&id=220mhz&page=O
  • of the terms of those licenses to 2019. [30]pdf - [31]Word 7/13/2004 MEMORANDUM OPINION AND ORDER (DA 04-2100) Granted in Part and Denied in Part the Requests Filed by Warren C. Havens and BizCom USA, Inc. for Waiver or Extension of the 220 MHz Service Five-year Construction Requirements.; Denied the Request of Cornerstone SMR, Inc. for Waiver of FCC Rule 90.157t [32]pdf - [33]Word 5/30/2000 MEMORANDUM OPINION AND ORDER (FCC 00-187) Amendment of Part 90 of the Commission's Rules to Provide for the Use of the 220-222 MHz Band by the Private Land Mobile Radio Service Clarifies construction requirements applicable to partitioned and disaggregated 220 MHz licenses. [34]text 8/3/1999 MEMORANDUM OPINION AND ORDER (FCC 99-196) ComTech Petition for Declaratory Ruling that
• http://wireless.fcc.gov/services/index.htm?job=service_releases&id=220mhz&ry=2004
  • of 220 MHz Service Phase II Construction Notifications [33]pdf - [34]Word 7/13/2004 MEMORANDUM OPINION AND ORDER (DA 04-2100) Granted in Part and Denied in Part the Requests Filed by Warren C. Havens and BizCom USA, Inc. for Waiver or Extension of the 220 MHz Service Five-year Construction Requirements.; Denied the Request of Cornerstone SMR, Inc. for Waiver of FCC Rule 90.157t [35]pdf - [36]Word 1/21/2004 PUBLIC NOTICE (DA 04-122) WTB Seeks Comment on Warren C. Havens' Petition to Waive or Extend 220 MHz Phase II Economic Area and Regional Licenses Five Year Construction Requirement [37]pdf - [38]Word View Releases by Year [39]2008 [40]2007 [41]2006 2004 [42]2000 [43]1999 [44]1998 [45]1997 [46]1996 View Releases by Type [47]Key Documents [48]Public Notices [49]Orders [50]Rulemaking [51]Return
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2003
  • [60]Dec. December 12/24/2003 PUBLIC NOTICE (DA 03-4099) Leap Wireless International Inc., Debtor-in-Possession Seeks FCC Consent for the Assignment of Broadband Personal Communications Services Licenses to Leap Wireless International Inc. [61]pdf - [62]Word 12/23/2003 ORDER (DA 03-4082) 220 MHz, Inc., LASMR, and C. Dino Sakkis Licensees of WPCV804, WPCB301, and WPCR818 Request for Extension of Time and Waiver of 47 C.F.R 90.157 [63]pdf - [64]Word 12/19/2003 ORDER (DA 03-4057) WorldCom and Its Subsidiaries Transferor and MCI Inc Transferee, Applications for Consent to Transfer and/or Assign Authorization and Licenses [65]pdf - [66]Word 12/19/2003 LETTER (DA 03-3846) SBC Telecommunications, Inc; SBC's Request for Approval is Dismissed and SBC's Agreement with WorldCom are Dismissed as Moot [67]pdf - [68]Word 12/19/2003 LETTER (DA 03-3844) BellSouth's Motion
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2004
  • 7/13/2004 PUBLIC NOTICE (DA 04-2119) Cingular Wireless Corporation and T-Mobile USA, Inc. Seek FCC Consent to Assignment of Licenses and Approval of Long-term De Facto Leasing Arrangements [541]pdf - [542]Word 7/13/2004 MEMORANDUM OPINION AND ORDER (DA 04-2100) In the Matter of Warren Havens for Economic Area and Regional Licenses; BizCom for Regional and Nationwide Licenses and Cornerstone for Waiver of 90.157 Rules [543]pdf - [544]Word 7/12/2004 PUBLIC NOTICE (DA 04-2084) WTB Grants Specialized Mobile Radio Service Licenses (Auction No. 55) [545]pdf - [546]Word Attachment A: [547]xls Attachment B: [548]pdf - [549]Word Attachment C: [550]pdf - [551]Word Attachment D: [552]pdf - [553]Word 7/8/2004 NEWS RELEASE FCC Adopts Measures to Increase Rural Investment and Facilitate Deployment of Spectrum-Based Services in Rural Areas [554]pdf
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2006
  • Deny Application to Renew License for Automated Maritime Telecommunications System Station WHG545 [552]pdf - [553]Word 7/7/2006 ORDER (DA 06-1397) Re: Samuel Moses; Grants Petitions of Samuel Moses Against Use of Frequency 936.900 MHz by Dallas Area Rapid Transit Authority [554]pdf - [555]Word 7/7/2006 ORDER (DA 06-1398) Re: County of Mecklenburg ; Grants Request of Mecklenburg County for Waiver of Section 90.157 to Permit Temporary Discontinuance of Operation of Station WPVU56 [556]pdf - [557]Word 7/7/2006 PUBLIC NOTICE (DA 06-1402) Auction of Advanced Wireless Services Licenses; Status of FCC Form 175 Applications to Participate in Auction No. 66 [558]pdf - [559]Word Attachment A: [560]pdf Attachment B: [561]pdf June 6/27/2006 PUBLIC NOTICE (DA 06-1322) WTB Approves Region 43 (Washington) 700 MHz Regional Plan [562]pdf
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2003&m=12&t=Order
  • 03-4049) BP Exploration, Inc., Request for Waiver to Allow the Use of 20 kHz Bandwidth at Processing Plants in Alaska Granted BP's waiver request DA-03-4049A1: [61]pdf - [62]word - [63]txt 12/23/2003 WTB Orders (DA 03-4082) 220 MHz Inc., LASMR and C. Dino Sakkis Licensees of WPCV804, WPCB301, and WPCR818 Request for Extension of Time and Waiver of 47 CFR ? 90.157 Denied the Petition for Waiver and Extension of Time filed by 220 MHz, Inc., LASMR and C. Dino Sakki... DA-03-4082A1: [64]pdf - [65]word - [66]txt 12/19/2003 WTB Orders (FCC 03-320) WARREN C. HAVENS, Request for Forbearance from Section 80.215 (h)(5) of the Commission's Rules Denied the petition for forbearance filed by Warren C. Havens on March 25, 2003 FCC-03-320A1: [67]pdf
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2003&m=9&t=Order
  • by Hispanic Information a... DA-03-2946A1: [70]pdf - [71]word - [72]txt 09/24/2003 WTB Orders (DA 03-2927) MORNINGSTAR EDUCATIONAL NETWORK Granted the Petitions to Deny filed by Hispanic Information and Telecommunications Network, Inc. and... DA-03-2927A1: [73]pdf - [74]word - [75]txt 09/24/2003 WTB Orders (DA 03-2926) PORT AUTHORITY OF NEW YORK AND NEW JERSEY Granted the Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission's Ru... DA-03-2926A1: [76]pdf - [77]word - [78]txt 09/24/2003 WTB Orders (DA 03-2921) CENTRE UNIFIED SCHOOL DISTRICT #397 Denied the Petition for Reconsideration DA-03-2921A1: [79]pdf - [80]word - [81]txt 09/24/2003 WTB Orders (DA 03-2905) NATIONAL TELEVISION COMPANY Granted the Waiver Requests Pursuant to Section 21.303(d)(3) DA-03-2905A1: [82]pdf - [83]word - [84]txt 09/24/2003 WTB Orders (DA 03-2940)
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000814.doc
  • Mobile Services Rules) 47 C.F.R. � 90.135 (Modification of License) New Style Car & Limo Incorporated, WPNS-568, Yonkers, NY. NOV also issued for violation of 47 C.F.R. � 90.425(a). New York, NY Office (3/2/00). Safe Travel, Inc., Chicago, IL. Chicago, IL Office (3/21/00). Comcast Cablevision of Mercer County, Inc., KLY633, Upper Merion, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.157 (Discontinuance of Station Operation) Dudlik Construction Co., Inc., WRU742, Huntinton Valley, PA. Philadelphia, PA Office (3/29/00). John S. Posen, Inc., WII34 and WPNU211, Centre Square, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.173 (Policies Governing the Assignment of Frequencies) Area Surveying Consultants, Inc., Colorado Springs, CO. NOV also issued for violation of 47 C.F.R. �� 90.233 and 90.403. Denver,
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000813.doc
  • Mobile Services Rules) 47 C.F.R. � 90.135 (Modification of License) New Style Car & Limo Incorporated, WPNS-568, Yonkers, NY. NOV also issued for violation of 47 C.F.R. � 90.425(a). New York, NY Office (3/2/00). Safe Travel, Inc., Chicago, IL. Chicago, IL Office (3/21/00). Comcast Cablevision of Mercer County, Inc., KLY633, Upper Merion, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.157 (Discontinuance of Station Operation) Dudlik Construction Co., Inc., WRU742, Huntinton Valley, PA. Philadelphia, PA Office (3/29/00). John S. Posen, Inc., WII34 and WPNU211, Centre Square, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.173 (Policies Governing the Assignment of Frequencies) Area Surveying Consultants, Inc., Colorado Springs, CO. NOV also issued for violation of 47 C.F.R. �� 90.233 and 90.403. Denver,
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000996.doc
  • 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, PA. Philadelphia, PA Office (4/26/00). 47 C.F.R. � 90.210 (Emission Masks) Oregon Pacific Railroad Company, Portland, OR. Portland, OR Office (4/6/00). CARGILL, Inc. NOV also issued for violation of 47 C.F.R. �� 90.213 (Frequency Stability) and
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001311.doc
  • 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 Association, Philadelphia, PA. Philadelphia, PA Office (5/22/00). 47 C.F.R. � 90.187 (Trunking in the Bands Between 150 and 512 MHz) Shell Chemical Co., Deer Park, TX. NOV also issued for violation of 47 C.F.R. �� 90.403 (General Operating Requirements) and 90.425 (Station Identification). Houston, TX Office (5/5/00). 47 C.F.R. � 90.205 (Power and
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.doc http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.html
  • � 80.927 - Antenna Radio Frequency Indicator Clipper City, Inc., Baltimore, MD, WAX4066. Columbia, MD District Office (6/2/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.135 - Modification of License Diamond Cab Company, Saint Paul, MN. Other violation: 47 C.F.R. � 90.425 (Station Identification). St. Paul, MN Resident Agent Office (6/6/00). 47 C.F.R. � 90.157 - Discontinuance of Station Operation Malden Mills Industries, Inc., WNYE717, Lawrence, MA. Boston, MA District Office (6/9/00). Intouch Communications, WPJZ438, Warwick, RI. Boston, MA District Office (6/19/00). Northeast Communications Systems, WNNL347, West Greenwich, RI. Boston, MA District Office (6/23/00). 47 C.F.R. � 90.403 - General Operating Requirements Jose Portoviejo d.b.a. International Car Service, Inc., WPLT-995, Brooklyn, NY. New York, NY
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002408.doc
  • Pine Orchard, CT. Boston, MA District Office (9/18/00). 47 C.F.R. � 80.409 - Station Logs Hornblower Dining Yachts, San Francisco, CA. San Francisco, CA District Office (9/7/00). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. � 87.187 -Frequencies Robert Veal.. Anchorage, AK Resident Agent Office (9/7/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.157 - Discontinuance of Station Operation CNF Transportation Inc., KNEC223, Portland, OR. Boston, MA District Office (9/21/00). Schindler Elevator Corp., KNGK438, Morristown, NJ. Boston, MA District Office (9/21/00). 47 C.F.R. � 90.437 - Posting Station Licenses Federal Express Corp., WPLH430, Collierville, TN. Boston, MA District Office (9/18/00). Janazzo Heating & Air Conditioning, Inc., WPHZ369, Milldale, CT. Other violation: 47 C.F.R. �
• 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
  • to 1.913 consolidated Part 1 Rule). 90.149(a), (b) License Term (remove references to license 90.149(a) reinstatement). 90.151 Requests for waiver (move to consolidated Part 1 Rule). 1.925 90.153 Transfer or assignment of station authorization (move to 1.948 consolidated Part 1 Rule). 90.155(d) Time in which station must be placed in operation 90.155(d) (remove requirement of returning cancelled license to FCC). 90.157 Discontinuance of station operation (change to reflect 90.157 electronic filing via the ULS). 90.159 Temporary and conditional permits (change to reflect 90.159 ULS). 90.160 Public Notice (move to consolidated Part 1 Rule). 1.933 90.161(a) Amendment or dismissal of applications -- Amendment 1.927 (move to consolidated Part 1 Rule). 90.161(b) Amendment or dismissal of applications (move to 1.934 consolidated Part 1
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991951.doc
  • her request for a finder's preference for Specialized Mobile Radio (SMR) Station WNSM957, licensed to Jeff Comm Corp. (Jeff Comm).2 For the reasons discussed below, Ms. Rheins's petition for reconsideration is denied. II. Background On September 7, 1994, Ms. Rheins filed a finder's preference request for WNSM957 alleging that the station was non-operational and permanently discontinued in violation of section 90.157 of the Commission's rules. On January 2, 1997, the Office of Operations denied the finder's preference request because Ms. Rheins failed to carry her burden and demonstrate that a rule violation occurred. Ms. Rheins filed a petition for reconsideration on January 31, 1997. Ms. Rheins alleged that there were no authorized end users on the station. In its opposition, Jeff
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992068.doc
  • in fact in operation during the relevant period. The Petition is granted, and we set aside the finder's preference award to Cassell and the notice of cancellation to Sonomura. Background On August 26, 1994, Cassell filed a finder's preference request against M. Sonomura Contracting Co. of Hilo, Hawaii, licensee of Station WNSM690. Cassell alleged a violation of 47 C.F.R. � 90.157(b), discontinuance of operation for longer than one year. Cassell provided evidence that consisted of the Commission's loading records showing that there were no end users licensed to operate on the target station. On December 20, 1996, the Bureau granted the finder's preference request finding that a failure to have licensed end users demonstrated discontinuance of operation in violation of section
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992090.doc
  • in fact in operation during the relevant period. The Petition is granted, and we set aside the finder's preference award to Heffron and the notice of cancellation to Leon's Radio. Background On August 22, 1994, Heffron filed a finder's preference request against Leon's Radio of Oklahoma City, Oklahoma, licensee of Station WNRS618. Heffron alleged a violation of 47 C.F.R. � 90.157(b), discontinuance of operation for longer than one year. Heffron provided evidence that consisted of the Commission's loading records showing that there were no end users licensed to operate on the target station. On December 20, 1996, the Office of Operations granted the finder's preference request, finding that a failure to have licensed end users demonstrated discontinuance of operation in violation
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992108.doc
  • a finder's preference (Award) for frequencies 861-865.9125 MHz to Richard Duncan d/b/a Anderson Communications (Duncan).2 For the reasons discussed below, the petition for reconsideration filed by Morris is denied. II. Background On October 10, 1995, Duncan filed a finder's preference request alleging that five of the ten frequencies for Station KNGZ274 were non-operational and permanently discontinued in violation of section 90.157 of the Commission's rules. 47 C.F.R. � 90.157. On December 19, 1996, the Office of Operations granted a partial award to Duncan for the five frequencies (861-865.9125 MHz) because the finder showed that those frequencies had been discontinued from operation for more than one year in violation section 90.157 of the Commission's rules. 47 C.F.R. � 90.157. On January 23,
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992116.doc
  • Telecommunications Bureau (Office of Operations) awarding a dispositive finder's preference for Specialized Mobile Radio (SMR) Station WNMT733 to Mobile Relay Associates, Inc. (``MRA''). For the reasons discussed below Doering's petition is denied. II. Background On December 15, 1995, MRA filed a finder's preference request for WNMT733 alleging that the station was non-operational and permanently discontinued operation, in violation of section 90.157 of the Commission's rules. On that same day, Doering filed with the Commission an assignment application to transfer the license from United Corporation of Southern California (``United'') to Doering. On July 5, 1996, the Office of Operations mailed a letter (``service letter'') giving notice of the finder's preference request to Lewis H. Goldman P.C. (Goldman), who was Doering's attorney of
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992158.doc
  • Office of Operations (Office of Operations) denying its request for a finder's preference for Station WNNM753, licensed to COMQOR, Inc. (COMQOR). For the reasons discussed below, Bowen's petition for reconsideration is denied. II. Background On March 31, 1995, Bowen filed a finder's preference request for Station WNNM753 alleging that the station was non-operational and permanently discontinued in violation of section 90.157 of the Commission's rules, 47 C.F.R. � 90.157. On December 24, 1996, the Office of Operations denied the finder's preference request because Bowen failed to make a sufficient allegation that a rule violation occurred. Bowen filed a petition for reconsideration on January 23, 1997. In his Petition, Bowen alleges that a previous licensee of Station WNNM753, Harding Communications, Inc. (``Harding''),
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992159.doc
  • the finder alleged a violation of section 90.631(e) of the Commission's rules, 47 C.F.R. � 90.631(e). On January 8, 1997, the Office of Operations denied the finder's preference request because JKR failed to carry its burden to demonstrate that a rule violation occurred. JKR also argued that it made a prima facie case showing violations of sections 90.631(e), 90.631(f) and 90.157 of the Commission's rules, 47 C.F.R. �� 90.631(e), 90.631(f) and 90.157. In its Opposition to the Petition for Reconsideration, Pittencrief argued the finder erred when it asserted a violation of section 90.631(e), because the targeted frequencies were constructed in 1988. Pittencrief also argued that the finder could not assert violations of other Commission rules in its Petition. III. Discussion The
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992164.doc
  • the evidence presented, we find that National has failed to meet its burden. The Commission has specifically held that evidence of sporadic monitoring by itself is insufficient and does not conclusively demonstrate that a station has permanently discontinued operation. Accordingly, we find that National's request, which contains general and conclusory statements, does not state a prima facie violation of section 90.157 of the Commission's rules. See 47 C.F.R. � 90.157. IV. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R. �� 0.331 and 1.106, the Petition for Reconsideration requested by the National
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992230.doc
  • request for KNFG248 alleging that frequencies 861-865.5625 and 861-865.8125 MHz (ten frequencies) were not timely constructed and placed in operation by a construction deadline of December 7, 1993. JKR alleged that the frequencies were not constructed based on monitoring and a site inspection performed between November 14th and 16th, 1995. On this basis, the finder alleged a violation of sections 90.157 and 90.631(e) of the Commission's rules, 47 C.F.R. �� 90.157 and 90.631(e). In its Opposition, Pittencrief Communications Inc. (PCI), the parent corporation of A&B, submitted a letter from AMS to the Commission stating that the station was timely constructed. On January 2, 1997, the Office of Operations granted the finder's preference request because JKR presented evidence of the violation of
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992313.doc
  • John R. Guzzo their requests for a finder's preference against Specialized Mobile Radio (SMR) Station WNPS515. For the reasons discussed below, T&K's petition for partial reconsideration is denied. II. Background T&K and Mr. Guzzo both filed finder's preference requests for Station WNPS515 on November 22, 1993. Both finders alleged that the target station permanently discontinued operation, in violation of section 90.157 of the Commission's rules. On January 27, 1997, the Bureau's Office of Operation awarded both finders a dispositive preference for Station WNPS515. On February 19, 1997, T&K filed its Petition alleging that Mr. Guzzo's finder's preference request was defective because Mr. Guzzo had not attached an FCC Form 155 to his request. In opposition, Mr. Guzzo maintains that his finder's
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992505.doc
  • find that Station WNNH846 was in fact in operation during the relevant period. We grant the Petition, set aside the finder's preference award to Cassell, and set aside the notice of cancellation to Delta. II. Background On September 15, 1994, Cassell filed a finder's preference request against Delta, licensee of Station WNNH846. Cassell alleged a violation of 47 C.F.R. � 90.157(b), discontinuance of operation for longer than one year. Cassell alleged that the Commission's loading records showed that there were no end users licensed to operate on the target station. On December 19, 1996, the Bureau granted the finder's preference request finding that a failure to have licensed end users demonstrated discontinuance of operation in violation of section 90.157(b). In its
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992603.doc
  • during the period in question. Accordingly, the Petition for Reconsideration is granted, Baker's motion to dismiss is denied, the finder's preference award to Baker is set aside and the license for station WNRU207 is reinstated. Background On December 14, 1993, Baker filed a finder's preference request against K-Comm, licensee of Station WNRU207. Baker alleged that the target licensee violated section 90.157 of the Commission's rules regarding the discontinuance of the station's operation for more than one year. Baker supported his finder's preference request by showing that the Commission's loading records did not show there were end users licensed to operate on station WNRU207. Baker also provided the signed statement of Mr. Robert J. Fetterman, who stated that he or his employees
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992823.doc
  • Specialized Mobile Radio (SMR) Station WNXB280, which is in close proximity both on a geographic and frequency-use basis to Station KNKJ336, protested Athens's application via a ``Petition to Dismiss or Deny'' filed on January 16, 1997. Kay argued that the Commission should deny Athens's application because Athens had discontinued operations, so the underlying license had cancelled automatically pursuant to Section 90.157 of the Commission's Rules. On April 8, 1997, the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch) returned Athens's application and requested that Athens respond to Kay's allegations. The Branch did not receive a response from Athens. 3. In a separate application received on September 2, 1997, Athens sought to renew the license for Station KNKJ336.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000149.doc
  • if we disregard this rule misstatement as de minimis, since both rule sections pertain to initial station construction and operation, Hot Shot showed adequate evidence that it was indeed licensed in 1984 and that it constructed its Station at its then authorized location at the First International Plaza. In its petition for reconsideration, Repeater now alleges a violation of Section 90.157 of the Commission's Rules. Section 90.157 provides for license cancellation upon permanent discontinuance of operations for one year or more, including failure to operate in accordance with established license parameters. During the existence of the finder's preference program, the Commission has required a finder's request to contain certain specific information, including the rule section that the target allegedly violated and
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000582.doc
  • BACKGROUND On October 15, 1996, National Science filed a finder's preference request targeting Ogden Aviation Services' (Ogden) authorization to operate Station WIL251 on frequency pair 471.8125/474.8125 MHz in the Los Angeles, California area. National Science alleged in its Request that Station WIL251 had not operated from 1994 through 1996, a period in excess of one year, in violation of Section 90.157 of the Commission's Rules. To substantiate its Request, National Science provided the sworn statement of a consultant, stating that an investigator from the Commission's Cerritos, California field office had informed the consultant that an Ogden employee admitted to the investigator that Station WIL251 had not operated for over two years. On December 12, 1996, Ogden was served with National Science's
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000651.doc
  • set forth below, the Petition is denied. II. BACKGROUND On June 13, 1996, Lans Service filed a finder's preference request (Request) targeting Interstate Grocer's authorization to operate Station WCC724 on frequency pair 478.6125/481.6125 MHz. Lans Service alleged in its Request that Interstate Grocer failed to operate Station WCC724 for a period in excess of one year, in violation of Section 90.157 of the Commission's Rules. On June 25, 1999, the Request was dismissed for failure to target a station that was properly the subject of a finder's preference proceeding. On July 7, 1999, Lans Service filed the instant Petition, requesting reversal of the June 25, 1999, action. Lans Service argues in its Petition that Station WCC724 was the proper subject of
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000659.doc
  • 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, as amended, sets forth the requirements that a petitioner must satisfy before we may consider a
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000675.doc
  • 1995, National Science filed a finder's preference request (Request) targeting Southern California Alarm's authorization to operate Station WIK720, Corona and Rancho Cucamonga, CA, on frequency pair 472.3125/475.3125 MHz. National Science alleged in its Request that Southern California Alarm failed to operate Station WIK720 from May 16, 1994, through May 16, 1995, a period of one year, in violation of Section 90.157 of the Commission's Rules. The Request was denied on November 6, 1995, by the former Office of Operations of the Wireless Telecommunications Bureau. National Science timely filed a petition for reconsideration relating to the November 6, 1995, action, which was granted by the Division on October 20, 1999. The Division concluded that Southern California Alarm had failed to provide any
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000693.doc
  • BACKGROUND 2. On January 15, 1997, Marina filed a finder's preference request targeting Automatic Data Processing's authorization to operate Station WIL269 on frequency pair 471.7875/474.7875 MHz in the New York City area. Marina alleged in its Request that Station WIL269 had not operated from November 1995, through January 1997, a period in excess of one year, in violation of Section 90.157 of the Commission's Rules. To substantiate its Request, Marina provided, inter alia, the separate declarations of two of Station WIL269's co-channel licensees, sworn under penalty of perjury, stating that they had extensively monitored Station WIL269 for activity during a period of ten and fourteen months, respectively, without detecting any transmissions. On January 30, 1997, Station WIL269 was assigned to J&H
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001610.doc
  • BACKGROUND On December 8, 1994, Mobile U.H.F., Inc. (MUHF) filed a finder's preference request (Request) targeting Station WIG912, licensed to Trojan on frequency pair 507.8125/510.8125 MHz in the Los Angeles, California area. MUHF alleged that Station WIG912 had failed to operate from December 6, 1993, through December 7, 1994, a period in excess of one year, in violation of Section 90.157 of the Commission's Rules. The evidence before the Commission indicates that Trojan operated Station WIG912 by hiring a community repeater operator to provide it with repeater service. Trojan originally received repeater service from Motorola Communications and Electronics (MCE). MUHF entered into an agreement with MCE, in which MCE transferred ownership of the repeater to MUHF. MUHF took the repeater out
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001943.doc
  • 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. 90.173(k)(3)(1994).
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00043.doc
  • H. Kellett, Federal Communications Commission, from Robert Lewis Thompson, counsel to Trojan Security Services, Inc. (dated January 31, 1997). See Finder's Preference Request at 2 (filed December 8, 1994) (Request). Id. Id. at Exhibit 2. Id. at Exhibit 1. See also Mobile U.H.F. Inc.'s Supplemental information (filed July 19, 1995) at Exhibit 3. See note 2, supra. 47 C.F.R. � 90.157. Federal Communications Commission FCC 00-43 Federal Communications Commission FCC 00-43 � � F � � � l �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00051.doc
  • in Interstate's applications, 2) that Interstate is interfering with the Coop's use of the shared channels, and 3) that the frequency assignment was improper and the coordination process was unconstitutionally tainted by bias. The Coop's Claims of Defects in Interstate's Applications. The first category of objections made by the Coop involve alleged defects in Interstate's modification application based on Section 90.157 of the Commission's Rules. Specifically, the Coop alleges that Interstate's license for Station KNIC418 (frequency pair 452.825/457.825 MHz) cancelled automatically within the meaning of Section 90.157. Interstate was first licensed for Station KNIC418 in the 1980s and it operated this station for several years before it joined the Coop in 1990. The Coop, which is also licensed for 452.825/457.825 MHz
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00055.doc
  • count, power, and height associated with Station WNNJ617's operations. Before processing of the modification application was completed, Veracon filed a letter of objection on August 7, 1995, which alleged that the station had not been in operation at the Sears Tower location since September 1, 1993, and requested that the application be dismissed without further action in accordance with Section 90.157 of the Commission's Rules. On August 17, 1995, Quatron filed an application seeking to assign the WNNJ617 license to O'Hare-Midway Limousine Service (O'Hare). The August 7, 1995 letter was associated with the modification application but the information contained therein was deemed insufficient to deny the application and the modification application was granted on August 28, 1995. 4. Veracon, believing that
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00070.doc
  • and denied it in part. Specifically, the Division granted reconsideration of its action setting aside the assignment of Station KGU261 from Nelson to Dickinson. The Division also concluded, however, that because Station KGU261 had already been out of operation for a period in excess of one year before Dickinson sought relief, the station license had automatically canceled pursuant to Section 90.157 of the Commission's Rules. On August 2, 1996, Dickinson filed a petition for reconsideration (Further Petition) of the July 29, 1996, action. Dickinson argued that Station KGU261 had not failed to operate for a period in excess of one year, since the Loma Prieta-Los Gatos secondary site was operational. Dickinson additionally alleged that it had sought reinstatement of its license
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00097.doc
  • assignment of Station WCL255 from Century Transit. On March 1, 1994, Hussein Assalinabati, d/b/a West Coast Cab Company (West Coast), filed a finder's preference request (Request) targeting Century Transit's authorization to operate Station WCL255. West Coast alleged in its Request that Century Transit failed to operate Station WCL255 for a period in excess of one year, in violation of Section 90.157 of the Commission's Rules. In a supporting declaration to the Request, Mr. Neal Carter, a private investigator hired on behalf of West Coast, stated that on February 15, 1994, he visited the Tujunga Ranger District of the U.S. Forest Service, to ascertain whether Station WCL255 was properly registered with the U.S. Forest Service at the station's authorized location on U.S.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00298.doc
  • request targeting Station WNIT929, licensed to Jersey Central Power and Light Company (Jersey Central). However, Marina Concrete, Inc. (Marina Concrete) filed an earlier finder's request regarding Station WNIT929 on July 15, 1996. In its request, Marina Concrete provided prima facie evidence that Station WNIT929 had not been in operation for over one year and was, therefore, in violation of Section 90.157(b) of the Commission's Rules. Based on Marina Concrete's showing, the former Office of Operations cancelled Jersey Central's license and awarded a dispositive preference to Marina Concrete for Station WNIT929. Subsequently, on July 25, 1997, the Bureau's Public Safety and Private Wireless Division (Division) dismissed Radio Team's finder's preference request based on the award to Marina Concrete. Marina Concrete failed to
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd030924.html
  • by RECON. (DA No. 03-2921). WTB [60]DA-03-2921A1.doc [61]DA-03-2921A1.pdf [62]DA-03-2921A1.txt NATIONAL TELEVISION COMPANY. Granted the Waiver Requests Pursuant to Section 21.303(d)(3). Action by: Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. Adopted: 09/22/2003 by MO&O. (DA No. 03-2905). WTB [63]DA-03-2905A1.doc [64]DA-03-2905A1.pdf [65]DA-03-2905A1.txt PORT AUTHORITY OF NEW YORK AND NEW JERSEY. Granted the Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission's Rules. Action by: Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. Adopted: 09/23/2003 by ORDER. (DA No. 03-2926). WTB [66]DA-03-2926A1.doc [67]DA-03-2926A1.pdf [68]DA-03-2926A1.txt MORNINGSTAR EDUCATIONAL NETWORK. Granted the Petitions to Deny filed by Hispanic Information and Telecommunications Network, Inc. and Wireless Holdings, Inc. Dismissed the application of Morningstar Educational Network. Action by: Chief, Public
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd031223.html
  • OF 20 KHZ BANDWIDTH AT PROCESSING PLANTS IN ALASKA. Granted BP's waiver request. Action by: Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau. Adopted: 12/18/2003 by ORDER. (DA No. 03-4049). WTB [75]DA-03-4049A1.doc [76]DA-03-4049A1.pdf [77]DA-03-4049A1.txt 220 MHZ INC., LASMR AND C. DINO SAKKIS LICENSEES OF WPCV804, WPCB301, AND WPCR818 REQUEST FOR EXTENSION OF TIME AND WAIVER OF 47 CFR 90.157. Denied the Petition for Waiver and Extension of Time filed by 220 MHz, Inc., LASMR and C. Dino Sakkis. Action by: Chief, Mobility Division, Wireless Telecommunications Bureau. Adopted: 12/22/2003 by ORDER. (DA No. 03-4082). WTB [78]DA-03-4082A1.doc [79]DA-03-4082A1.pdf [80]DA-03-4082A1.txt AMENDMENT OF PART 90 OF THE COMMISSION'S RULES AND POLICIES FOR APPLICATIONS AND LICENSING OF LOW POWER OPERATIONS IN THE PRIVATE LAND
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040713.html
  • 07/12/2004 by ORDER. (DA No. 04-2114). WCB [72]DA-04-2114A1.doc [73]DA-04-2114A1.pdf [74]DA-04-2114A1.txt WARREN C. HAVENS, BIZCOM USA AND CORNERSTONE SMR. Granted in part and denied in part the requests filed by Warren C. Havens and BizCom USA, Inc. for waiver or extension of the 220 MHz service five-year construction requirements. Denied the request of Cornerstone SMR, Inc. for waiver of FCC rule 90.157. Action by: Chief, Wireless Telecommunications Bureau. Adopted: 07/12/2004 by MO&O. (DA No. 04-2100). WTB [75]DA-04-2100A1.doc [76]DA-04-2100A1.pdf [77]DA-04-2100A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED JULY 12, 2004, DID NOT APPEAR IN DIGEST NO. 129: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 07/12/2004. THE WIRELINE COMPETITION BUREAU SEEKS COMMENT ON PETITION TO REDEFINE CERTAIN RURAL TELEPHONE COMPANY SERVICE AREAS IN THE STATE OF
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080212.html
  • at (202) 418-1394 or Alex Johns at (202) 418-1167 [76]DA-08-339A1.doc [77]DA-08-339A1.pdf [78]DA-08-339A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- SAFETY ZONE SYSTEMS. Granted the request. Action by: Chief, Policy Division, Public Safety and Homeland Security Bureau by LETTER. (DA No. 08-327). PSHSB [79]DA-08-327A1.doc [80]DA-08-327A1.pdf [81]DA-08-327A1.txt PORT AUTHORITY OF NEW YORK AND NEW JERSEY. Granted the Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission's rules, filed by the Port Authority of New York and New Jersey. Action by: Chief, Policy Division, Public Safety and Homeland Security Bureau by LETTER. (DA No. 08-328). PSHSB [82]DA-08-328A1.doc [83]DA-08-328A1.pdf [84]DA-08-328A1.txt MARY VARGAS RE: INTERIM DEFAULT PAYMENT OBLIGATIONS FOR AUCTION 62. Assessed an interim default payment obligation. Action by: Wireless Telecommunications Bureau and Media
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd081114.html
  • Action by: Senior Deputy Chief, Policy Division, Media Bureau. Adopted: 11/13/2008 by MO&O. (DA No. 08-2505). MB [70]DA-08-2505A1.doc [71]DA-08-2505A1.pdf [72]DA-08-2505A1.txt CABLEVISION OF LITCHFIELD, INC. Granted the Petition. Action by: Senior Deputy Chief, Policy Division, Media Bureau. Adopted: 11/13/2008 by MO&O. (DA No. 08-2504). MB [73]DA-08-2504A1.doc [74]DA-08-2504A1.pdf [75]DA-08-2504A1.txt PORT AUTHORITY OF NEW YORK AND NEW JERSEY REQUEST FOR WAIVER OF SECTIONS 90.157 AND 101.65(B) OF THE COMMISSION'S RULES. Granted nunc pro tunc, the request for extension of waiver. Action by: Chief, Policy Division, Public Safety and Homeland Security Bureau by LETTER. (DA No. 08-2507). PSHSB [76]DA-08-2507A1.doc [77]DA-08-2507A1.pdf [78]DA-08-2507A1.txt IN THE MATTER OF UNION TELEPHONE COMPANY CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS APPLICATIONS FOR 700 MHZ BAND LICENSES, AUCTION NO. 73. Ordered the Wireless
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd101221.html
  • APPEAR IN DIGEST NO. 244: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- STATEMENT BY FCC COMMISSIONER MIGNON L. CLYBURN ON FCC MEETING TO VOTE AN ORDER PRESERVING THE OPEN INTERNET. STMT. News Media Contact: Dave Grimaldi (202) 418-2100, dave.grimaldi@fcc.gov CMMR [20]DOC-303713A1.doc [21]DOC-303713A1.pdf [22]DOC-303713A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- PORT AUTHORITY OF NEW YORK AND NEW JERSEY REQUEST FOR WAIVER OF SECTIONS 90.157 AND 101.65(B) OF THE COMMISSION'S RULES. Granted extension of waiver of Sections 90.157 and 101.65(b) of the Commission's Rules. Action by: Chief, Policy Division, Public Safety and Homeland Security Bureau. Adopted: 12/20/2010 by LETTER. (DA No. 10-2384). PSHSB [23]DA-10-2384A1.doc [24]DA-10-2384A1.pdf [25]DA-10-2384A1.txt REQUESTS FOR REVIEW AND/OR WAIVER OF DECISIONS OF THE UNIVERSAL SERVICE ADMINISTRATOR BY BAKER HALL SCHOOL, BUFFALO, NEW YORK,
• http://www.fcc.gov/eb/Orders/2001/da011846.doc http://www.fcc.gov/eb/Orders/2001/da011846.html
  • decision concluded that no enforcement action was warranted. In its petition for reconsideration, Atlantic argues that the letter decision incorrectly concluded that no enforcement action was warranted. Atlantic states that it provided extensive evidence that Station WIL722 was not operational for more than a year and that when it did operate it did so at an unauthorized location. Citing Section 90.157 of the Commission's Rules (``Rules''), Atlantic states that it appears that Station WIL722 permanently discontinued operations and that its associated license cancelled automatically. Section 1.903(a) of the Rules provides, in pertinent part, that stations in the Wireless Radio Services must be used and operated only in accordance with a valid authorization granted by the Commission. Elmont admitted that it placed
• http://www.fcc.gov/eb/Orders/2007/FCC-07-125A1.html
  • any of the required tax returns or criminal records. 49. PCSI's failure to maintain the continuing accuracy of the information in its Waiver Request and its failure to respond fully and completely to the Bureau's direction for information require further exploration at hearing, as specified in the Ordering Clauses below. A. Lack of Operation of PCSI Licenses 50. Under Section 90.157 of the Commission's Rules, by operation of law, a wireless licensee's licenses cancel for discontinuation if the licensee has failed to operate its licenses for over one year and not obtained permission from the Commission to discontinue such operation. PCSI's LOI responses indicated that when its founding members initially formed the idea of acquiring SMR licenses, their intention was to
• http://www.fcc.gov/eb/Public_Notices/da001311.doc http://www.fcc.gov/eb/Public_Notices/da001311.html
  • 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 Association, Philadelphia, PA. Philadelphia, PA Office (5/22/00). 47 C.F.R. � 90.187 (Trunking in the Bands Between 150 and 512 MHz) Shell Chemical Co., Deer Park, TX. NOV also issued for violation of 47 C.F.R. �� 90.403 (General Operating Requirements) and 90.425 (Station Identification). Houston, TX Office (5/5/00). 47 C.F.R. � 90.205 (Power and
• http://www.fcc.gov/eb/Public_Notices/da001683.doc http://www.fcc.gov/eb/Public_Notices/da001683.html
  • � 80.927 - Antenna Radio Frequency Indicator Clipper City, Inc., Baltimore, MD, WAX4066. Columbia, MD District Office (6/2/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.135 - Modification of License Diamond Cab Company, Saint Paul, MN. Other violation: 47 C.F.R. � 90.425 (Station Identification). St. Paul, MN Resident Agent Office (6/6/00). 47 C.F.R. � 90.157 - Discontinuance of Station Operation Malden Mills Industries, Inc., WNYE717, Lawrence, MA. Boston, MA District Office (6/9/00). Intouch Communications, WPJZ438, Warwick, RI. Boston, MA District Office (6/19/00). Northeast Communications Systems, WNNL347, West Greenwich, RI. Boston, MA District Office (6/23/00). 47 C.F.R. � 90.403 - General Operating Requirements Jose Portoviejo d.b.a. International Car Service, Inc., WPLT-995, Brooklyn, NY. New York, NY
• http://www.fcc.gov/eb/Public_Notices/da002408.doc http://www.fcc.gov/eb/Public_Notices/da002408.html
  • Pine Orchard, CT. Boston, MA District Office (9/18/00). 47 C.F.R. � 80.409 - Station Logs Hornblower Dining Yachts, San Francisco, CA. San Francisco, CA District Office (9/7/00). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. � 87.187 -Frequencies Robert Veal.. Anchorage, AK Resident Agent Office (9/7/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.157 - Discontinuance of Station Operation CNF Transportation Inc., KNEC223, Portland, OR. Boston, MA District Office (9/21/00). Schindler Elevator Corp., KNGK438, Morristown, NJ. Boston, MA District Office (9/21/00). 47 C.F.R. � 90.437 - Posting Station Licenses Federal Express Corp., WPLH430, Collierville, TN. Boston, MA District Office (9/18/00). Janazzo Heating & Air Conditioning, Inc., WPHZ369, Milldale, CT. Other violation: 47 C.F.R. �
• http://www.fcc.gov/eb/Public_Notices/da002855.doc http://www.fcc.gov/eb/Public_Notices/da002855.html
  • (11/9/00). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. � 87.193 - Scope of Service Everett Mellish, La Center, WA. Portland, OR Resident Agent Office (11/1/00). Oahu Aviation, Honolulu, HI. Honolulu, HI Resident Agent Office (11/22/00). UND Aerospace, Honolulu, HI. Honolulu, HI Resident Agent Office (11/27/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.157 - Discontinuance of Station Operation Hanscoms Truck Stop, Inc., WNYR772, Portsmouth, NH. Boston, MA District Office (11/16/00). Fisher Scientific International, Inc., KNFD878, Hampton, NH. Boston, MA District Office (11/20/00). 47 C.F.R. � 90.403 - General Operating Requirements Bell Radio Inc., d/b/a Ding A Ling, Inc. Other violation: 47 C.F.R � 90.425 (Station Identification). New York, NY District Office. (11/17/00). 47
• http://www.fcc.gov/eb/Public_Notices/da00813.doc http://www.fcc.gov/eb/Public_Notices/da00813.html
  • Mobile Services Rules) 47 C.F.R. � 90.135 (Modification of License) New Style Car & Limo Incorporated, WPNS-568, Yonkers, NY. NOV also issued for violation of 47 C.F.R. � 90.425(a). New York, NY Office (3/2/00). Safe Travel, Inc., Chicago, IL. Chicago, IL Office (3/21/00). Comcast Cablevision of Mercer County, Inc., KLY633, Upper Merion, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.157 (Discontinuance of Station Operation) Dudlik Construction Co., Inc., WRU742, Huntinton Valley, PA. Philadelphia, PA Office (3/29/00). John S. Posen, Inc., WII34 and WPNU211, Centre Square, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. � 90.173 (Policies Governing the Assignment of Frequencies) Area Surveying Consultants, Inc., Colorado Springs, CO. NOV also issued for violation of 47 C.F.R. �� 90.233 and 90.403. Denver,
• http://www.fcc.gov/eb/Public_Notices/da00996.doc http://www.fcc.gov/eb/Public_Notices/da00996.html
  • 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, PA. Philadelphia, PA Office (4/26/00). 47 C.F.R. � 90.210 (Emission Masks) Oregon Pacific Railroad Company, Portland, OR. Portland, OR Office (4/6/00). CARGILL, Inc. NOV also issued for violation of 47 C.F.R. �� 90.213 (Frequency Stability) and
• http://www.fcc.gov/eb/Public_Notices/da011019.doc http://www.fcc.gov/eb/Public_Notices/da011019.html
  • Valley Crest Tree Company, Sunol, CA. Other violation: 47 C.F.R. � 90.425 (Station Identification). San Francisco, CA District Office (3/5/01). Super Limousine Service, Inc., West New York, NJ, WPNQ400. Other violation: 47 C.F.R. � 90.403 (General Operating Requirements). New York, NY District Office (3/12/01). Klaus D. Kramer d.b.a. Mikes Cycle Shop (WPHP749), Oklahoma City, OK. Other violations: 47 C.F.R. �� 90.157 (Discontinuance of Station Operation), 90.203 (Certification Required), 90.403 (General Operating Requirements), 90.405 (Permissible Communications), 90.417 (Interstation Communication), 90.425 (Station Identification) and 90.427 (Precautions Against Unauthorized Operation). Dallas, TX District Office (3/12/01). Target, Minneapolis, MN. Other violation: 47 C.F.R. � 90.425 (Station Identification). San Francisco, CA District Office (3/15/01). Howard County Cab, Jessup, MD, WPRV860. Columbia, MD District Office (3/19/01). Pandol
• http://www.fcc.gov/eb/Public_Notices/da011314.doc http://www.fcc.gov/eb/Public_Notices/da011314.html
  • Resort, Atlantic City, New Jersey, KA5-2726. Philadelphia, PA District Office (4/23/01). 47 C.F.R. � 1.903 - Authorization Required Jameel Ali, Inc., d/b/a Rockaway Car Service, WPRL-532, South Ozone Park, NY. New York, NY District Office (4/23/01). 47 C.F.R. � 1.929 - Classifications of Filings as Major or Minor Occhino Towing Inc., - Buffalo, New York. Other vioolation: 47 C.F.R. � 90.157 (Discontinuance of Station Operation). Buffalo, NY Resident Agent Office (4/20/01). 47 C.F.R. � 1.948 - Assignment of Authorization or Transfer of Control, Notification of Consummation Greenville Broadcasting Company, Greenville, Pennsylvania. Philadelphia, PA District Office (4/12/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. � 11.15 - EAS Operating Handbook Aura Broadcasting Corp., Hatillo, PR. Other violations: 47
• http://www.fcc.gov/eb/Public_Notices/da01541.doc http://www.fcc.gov/eb/Public_Notices/da01541.html
  • 87 - Aviation Services 47 C.F.R. � 87.187 - Frequencies Robert Hubbard, Anchorage, AK. Anchorage, AK Resident Agent Office (1/17/01). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.135 - Modification of License Adam Polelowski (WPPG399), Buffalo, NY. Other violation: 47 C.F.R. � 90.425 (Station Identification). Buffalo, NY Resident Agent Office (1/18/01). 47 C.F.R. � 90.157 - Discontinuance of Station Operation Light Towing (WPKG217), Buffalo, NY. Buffalo, NY Resident Agent Office (1/18/01). 47 C.F.R. � 90.403 - General Operating Requirements Liberty Communications, Inc., Buffalo, NY. Buffalo, NY Resident Agent Office (1/18/01). Portland General Electric, Boardman, OR. Portland, OR Resident Agent Office (1/18/01). Broadway Taxi (KEJ850), Buffalo, NY. Buffalo, NY Resident Agent Office (1/19/01). Filmore Taxi (WPMN586),
• http://www.fcc.gov/ogc/documents/opinions/2005/04-1014-011105.pdf
  • 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." Id.