FCC Web Documents citing 90.631

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

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  • necessary in the public interest because we believe market forces will encourage applicants to operate their facilities in the proper manner without Commission involvement. We, therefore, tentatively conclude that we should delete Section 90.607(a) to eliminate the above-mentioned reporting requirements. We invite comment on this tentative conclusion. 800 MHz and 900 MHz Trunked Systems Loading, Construction and Authorization Requirements Section 90.631 of the Commission's rules contains various requirements for the authorization, construction, and loading of 800 MHz and 900 MHz trunked systems. PCIA and CTIA request that the Commission modify two of these requirements that they assert are no longer necessary. Section 90.631(d) of the Commission's rules allows a licensee of an 800 MHz and 900 MHz SMR trunked system to
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  • at 8081 �� 190-91. Loading rules require an applicant to demonstrate that it will ``load'' a channel with a certain number of mobiles in order to obtain exclusive use of that channel or to load a channel to full capacity before requesting additional spectrum. CMRS R&O, 9 FCC Rcd at 8081 � 191 & n.351. See e.g., 47 C.F.R. �� 90.631, 90.633. Under Part 90, non-SMR trunked and conventional systems are authorized on the basis of a minimum loading criteria of one hundred or seventy (respectively) mobile stations for each channel authorized. See section IV.A.2. supra. See e.g., 47 C.F.R. Part 90, Subpart G (Applications and Authorizations), Subpart H (Policies Governing Assignment of Frequencies), Subpart I (General Technical Standards), Subpart N
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  • * * (77) Subpart R of this part contains rules for assignment of channels in the 763-775 MHz and 793-805 MHz bands. Section 90.155 is amended by revising paragraph (a) to read as follows: � 90.155 Time in which station must be placed in operation. (a) All stations authorized under this part, except as provided in sections 90.528, 90.529, 90.629, 90.631(f), 90.665, 90.685, and 90.1209, must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. * * * * * Section 90.175 is amended by revising the title of paragraph (e), revising paragraphs (j) (10), (11) and (12) and adding a new paragraph (j)(18) to
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  • Hot Shot's actual and authorized site was three miles. On November 11, 1994, the former Office of Operations returned Repeater's request for failure to state which of the Commission's Rules was violated. Repeater was given 60 days to amend and re-submit its request. Subsequently, on November 14, 1994, Repeater amended its request and stated that Hot Shot had violated Section 90.631(f) of the Commission's Rules by failing to construct in substantial accordance with its authorization. On December 23, 1994, Hot Shot filed a motion to dismiss Repeater's finder's preference request. Hot Shot maintained that Station KNHY561 was licensed on February 24, 1984, rather than 1990, and that it did, in fact, construct and place its station in operation in accordance with
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  • following seven frequencies: 861.8625, 862.8625, 861.8875, 862.8875, 863.8875, 864.8875, and 865.8875 MHz. Additional channels were granted to Station WPDF397 on October 31,1995, as part of a wide-area proposal (File No. 9407675369).3 On November 22, 1995, Chadmoore filed a finder's preference request against the original seven frequencies of Station WPDF397 alleging that the licensee was in violation of 47 C.F.R. � 90.631 because Station WPDF397 was not constructed. On September 10, 1999, the Division's Policy and Rules Branch awarded the finder's preference request to Chadmoore and cancelled the license for Station WPDF397. 3. In its Petition, Nextel does not seek reconsideration of the Office of Operation's decision to award Chadmoore the seven targeted channels. Rather, Nextel seeks to clarify that we should
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  • 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). Federal Communications
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  • Part 1 - Practice and Procedure 47 C.F.R. � 1.89 - Notice of Violation Schindler Elevator Corp., KNGK438, Morristown, NJ. Boston, MA District Office (10/18/00). Route 66 Broadcasting Company, Santa Rosa, New Mexico. Denver, CO District Office (10/26/00). 47 C.F.R. � 1.903 - Authorization Required Equitable Resources Inc, Pittsburgh, PA, WPFP258, WPFP891, WPJP432, WPKI678, WPKK631. Other violation: 47 C.F.R. � 90.631 (Trunked Systems Loading, Construction and Authorization Requirements). Philadelphia, PA District Office (10/11/00). Metro Machine of Philadelphia, Chester, PA. Philadelphia, PA District Office (10/13/00). City of Baltimore, Baltimore, MD, WNVP706. Columbia, MD District Office (10/27/00). 47 C.F.R. � 1.929 - Classification of Filings As Major or Minor Pampphile J. Rosselle, d/b/a/ Phil's Pure Service, Northville, MI. Other violations: 47 C.F.R. ��
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  • transmitter on May 10, 1999. Additionally, Prime Times offers an affidavit indicating that it submitted a letter on October 15, 1999, informing the Commission that its station was up and running as of May 10, 1999. Prime Time argues that the automatic cancellation determination was in error and should be reconsidered in light of the information provided. We agree. Sections 90.631(e)-(f) and 90.633(c)-(d) of the Commission's Rules requires licensees for trunked or conventional facilities to place their stations in operation within one year to avoid automatic cancellation of the authorizations. Prime Time states that it had in fact responded to the second letter, dated October 6, 1999. Neither Prime Time nor our records, however, adequately substantiates this claim. We remind Prime
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  • in such instances. Motorola certified the following to the Bureau: (1) the relevant analog SMR licensed facilities were constructed and operational; (2) its digital and analog sites were co-located; and (3) no digital SMR stations included in the assignment had service contours outside of Motorola's wide-area footprints. In addition, Motorola provided a copy of its request for waiver of Section 90.631(e) regarding its digital wide-area authorizations, wherein it explained that its digital stations were located only at existing SMR base stations used to develop Motorola's wide-area footprint. Importantly, neither Petitioners nor any other commenter in this proceeding have alleged that Motorola's unconstructed authorizations have service contours outside of Motorola's footprint. Based on the foregoing, there was sufficient evidence for the Bureau
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  • e.g., Radio Para La Raza, 40 FCC 2d 1102, 1105 � 8 (1973). See Danbury Cellular Telephone Company, Inc., 6 FCC Rcd. 4186, 4188 n.2 (1991). To clarify, while the Request is permissible under Section 1.41, on the merits it must overcome the strong public interest in preserving the finality of actions. See Petition at 2. See 47 C.F.R. � 90.631 (1996) (must timely construct and operate station or license cancels automatically). While JPJ took assignment of Station WPHM952 in 1998, it cannot enlarge the rights assigned to it by Geib, who apparently did not file any pleading to challenge the Town's license. See Application File No. 9709A006937. Town of Clay, Opposition to Request for License Revocation, 4 (filed January 18,
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  • Communications Act, GN Docket No. 93-252, Second Report and Order, 9 FCC Rcd 1411, 1448-58 (1994); Implementation of Sections 3(N) and 332 of the Communications Act, GN Docket No. 93-252, Third Report and Order, 9 FCC Rcd 7988, 8042-43 (1994) (Third Report and Order). Third Report and Order, 9 FCC Rcd 7988, 8042 � 94 (1994). See 47 C.F.R. �� 90.631(e) [for non-SMR trunked systems]; 90.633(c) [for non-SMR conventional systems]. See 47 C.F.R. �� 90.631(f) [for non-SMR trunked systems]; 90.633(d) [for non-SMR conventional systems]. 47 C.F.R. � 90.629; see also 47 C.F.R. �� 90.631(e), 90.633(c). See 47 C.F.R. � 90.629. 47 C.F.R. � 90.629 (a). Specifically, this section states that the statement ``must describe the proposed system, state the amount of
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  • and 900 MHz channels for use in its proposed AIRSMR system: four applications for Industrial/Land Transportation (I/LT) channels, one application for Business channels, five applications for both I/LT and Business channels, six applications for Specialized Mobile Radio (SMR) channels, and one application for General Category channels. LMR contemporaneously requested a waiver of Sections 90.175, 90.603, 90.615, 90.621(a) and (b), and 90.631(b), (e) and (f) of the Commission's Rules to establish its proposed AIRSMR system. Numerous licensees filed pleadings opposing LMR's applications and associated waiver request. On January 14, 1993, in response to the pleadings filed against its applications and waiver request, LMR submitted a reply that contained modifications to its applications and waiver request (Waiver II). In Waiver II, LMR explained
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  • 5 FCC Rcd 6401, 6401, � 6 (1990) (stating that ``[t]he rule governing discontinuance of station operation, like the rule regarding construction, is a condition on a station's authorization. The license is valid only as long as the station had not discontinued operation on a permanent basis, i.e., for one year or more'') (Part 90 NPRM). GEI states that Section 90.631(f), which both Lone Star and the LAPD cited as a basis for automatic cancellation of GEI's license, does not apply in this instance because GEI's station is conventional, not trunked. Petition at 13. We agree that Section 90.631 is inapplicable in this case. As GEI notes, however, the Branch Letter properly cited Section 90.157 as the basis for automatic cancellation
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  • period to place their systems into operation. Accordingly, pursuant to the Finder's Preference Order, Song's deadline for constructing the facilities for the reinstated license, Station WNKS326, will be twelve months from the release date of this order. In addition, the license for Station WNKS326 will expire twelve months from the release date of this order. We remind Song that Section 90.631(f) of the Commission's rules provides that base stations for SMR trunked systems are not considered to be in operation unless at least two associated mobile stations, or one control station and one mobile station, are also placed into operation. ordering clauses ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as
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  • Reconsideration filed by Quad on September 8, 1999. Gelico filed an Opposition to the Petition for Reconsideration on September 27, 1999 and Quad filed a Reply to the Opposition on October 18, 1999. The call sign for Gelico's DFA license was WNMO982. The call sign for Quad's MTA license is KNNX950. See 47 C.F.R. � 90.663. See 47 C.F.R. � 90.631(f). See 47 C.F.R. � 90.663(b). See Letter of Terry L. Fishel, Deputy Chief, Licensing and Technical Analysis Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, to Elizabeth R. Sachs, counsel for Quad, and Russell H. Fox, counsel for Gelico, dated August 9, 1999. (...continued from previous page) (continued....) Federal Communications Commission DA 02-44 Federal Communications Commission DA 02-44 � � �
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  • Reese Telecommunications Inc. (Reese) on December 13, 2000 (Waiver Request). In the Waiver Request, Reese notifies the Commission of the temporary discontinuance of operations of its 900 MHz SMR station in Atlanta, GA (Station) in excess of 90 days, but asserts that it did not permanently discontinue operation of the Station, which would trigger cancellation of the license under Section 90.631(f) of the Commission's rules. In the event the Bureau determines that the discontinuance of operations was permanent within the meaning of the rule, Reese requests a waiver of Section 90.631(f). For the reasons discussed below, we find that the circumstances presented by Reese do not constitute permanent discontinuance of operations within the meaning of Section 90.631(f), and we therefore dismiss
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  • purchased 1030 800-MHz General Category licenses; the SMR lower band auction ended December 5, 2000, with 22 winning bidders obtaining 2800 800-MHz licenses (Lower 80 Channels); and a Multi-Radio Service auction (Auction 43) consisting, in part, of previously unawarded General Category licenses ended January 17, 2002, with 2 winning bidders obtaining 23 General Category licenses. Comments Sections 90.607(a), 90.621(b)(5), 90.629(e), 90.631(d) and (i), 90.635(a) and (c), 90.653, and 90.658. PCIA requests the amendment or elimination of the following rules: (1) section 90.607(a), which requires that applicants describe a planned mode of operation and provide a statement regarding the eligibility of users on the system; (2) section 90.631(d), which addresses increases in system capacity in rural areas, but includes a definition of
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  • purchased 1030 800-MHz General Category licenses; the SMR lower band auction ended December 5, 2000, with 22 winning bidders obtaining 2800 800-MHz licenses (Lower 80 Channels); and a Multi-Radio Service auction (Auction 43) consisting, in part, of previously unawarded General Category licenses ended January 17, 2002, with 2 winning bidders obtaining 23 General Category licenses. Comments Sections 90.607(a), 90.621(b)(5), 90.629(e), 90.631(d) and (i), 90.635(a) and (c), 90.653, and 90.658. PCIA requests the amendment or elimination of the following rules: (1) section 90.607(a), which requires that applicants describe a planned mode of operation and provide a statement regarding the eligibility of users on the system; (2) section 90.631(d), which addresses increases in system capacity in rural areas, but includes a definition of
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  • prior refusal to coordinate YB stations. Thereafter, between October and December 2001, the Applicants filed the captioned applications as ``add on'' users of Mobilcom's proposed trunked stations. On February 13, 2002 and February 20, 2002, the Branch dismissed the captioned applications, finding insufficient loading to justify assigning the requested frequencies to the proposed system. The Branch noted that under Section 90.631(a) of the Commission's Rules, non-SMR trunked systems are authorized on the basis of a loading of 100 mobile stations per channel. Therefore, in order to justify authorization for the 32 frequencies sought, the Petitioners would be required to demonstrate that its system would support 3200 mobile units. The Branch found that because the proposed system was only intended to support
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  • decision to establish a construction deadline and expiration date of February 26, 2003, for Song's license. On April 4, 2002, Nextel filed a Petition for Reconsideration of the March 5 Order. discussion We reject Nextel's argument that Song's license automatically cancelled ninety days after the Commission reinstated his license in the April 8, 1999 Finder's Preference Order. Nextel cites Section 90.631(f) of the Commission's rules, which provides that ``[a]n SMR licensee with facilities that have discontinued operations for 90 continuous days 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
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  • the above-captioned modification application filed by Donna J. Olson (Olson), which seeks to add 250 mobile units to Station WPFN331. On June 19, 2002, Nextel filed a second petition requesting that the Commercial Wireless Division's Licensing and Technical Analysis Branch (Branch) delete Station WPFN331 from the Universal Licensing System (ULS) database, arguing that the license had expired. Pursuant to Section 90.631(f) of the Commission's rules, we find that Olson's license for Station WPFN331 automatically cancelled because the station permanently discontinued its operations. We therefore dismiss Olson's application, dismiss Nextel's Petition to Deny as moot, and grant in part Nextel's Petition to Correct. background Station WPFN331 is licensed to Olson on a secondary basis. Station WPFN331 was originally associated with Station WPCS637,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � f f f f f � � � * N f f � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of MONROE COUNTY For Trunked Radio System License and Request for Waiver of Section 90.631 of the Commission's Rules for Trunked Systems Loading Requirements ) ) ) ) ) ) ) FCC File Nos. 0001380877, 0001380878 ORDER Adopted: October 13, 2004 Released: October 18, 2004 By the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: Introduction. In this Order, we address the above-captioned applications and request for waiver filed by Monroe County, Florida.
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  • 800 MHz public safety systems, including reconfiguring the 800 MHz band to eliminate or reduce interference. In January, 2004, the Commission issued the Streamlining and Harmonization NPRM, and sought comment on whether to: modify its rules to eliminate the Section 90.607(a) requirement to file certain outdated supplemental information; eliminate the loading requirement and references to the ``waiting list'' in Section 90.631(d) of the rules; eliminate Section 90.631(i), which may no longer be necessary because the 900 MHz specialized mobile radio (SMR) renewal period it references has long passed; modify Section 90.635 of the rules to remove the distinction between urban and suburban sites when setting the maximum power and antenna heights limits for conventional 800 MHz and 900 MHz systems; and
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  • and WNVA727 subsequently expired without being renewed. See Letter dated July 6, 2004 from Herbert W. Zeiler, Deputy Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, to PCIA. Letter dated Aug. 4, 2004 from Don Andrew, Manager, PCIA Frequency Coordination Services, to Tom Eng, Public Safety and Critical Infrastructure Division, Federal Communications Commission (PCIA Letter). 47 C.F.R. � 90.631(g). See PCIA Letter at 2. NIPSCO Comments on PCIA Letter (filed Nov. 3, 2004). Id. at 5. PCIA Frequency Coordination No. 940940210, FCC File No. 9404663832; and PCIA Frequency Coordination No. 940940209, FCC File No. 9404663831. PCIA Frequency Coordination No. 941460058, FCC File No. 9406670150. PCIA Frequency Coordination No. 202580505, FCC File No. A061624. 47 C.F.R. � 1.41. See NIPSCO
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  • and taken from the 935-940 MHz band segment. See 47 C.F.R. � 90.613. See FCC File No. 0000960501. DART is a regional transportation authority for the greater Dallas area. DART's responsibilities include managing a number of different transit systems in various cities in the Dallas, Texas area. FCC Form 600, filed July 1997. See 47 C. F. R. �� 90.155(c), 90.631(f), 90.633(d). The Commission's Rules require transmission and reception of radio signals between a base station and a mobile station for a system to be ``placed in operation.'' ``Mobile talk around'' refers to communications directly between one vehicle and another vehicle, or mobile without the use of a repeater. Request for Reinstatement and Cancellation at 4. FCC Form 600-Schedule G, July
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  • adopted technical and procedural measures to address the problem of interference to public safety communications in the 800 MHz band. On July 22, 2005, the Commission adopted rules in the Streamlining and Harmonization Report and Order that: eliminated the Section 90.607(a) requirement to file certain outdated supplemental information; eliminated the loading requirement and references to the ``waiting list'' in Section 90.631(d) of the rules; eliminated Section 90.631(i); modified Section 90.635 of the rules to remove the distinction between urban and suburban sites when setting the maximum power and antenna heights limits for conventional 800 MHz and 900 MHz systems; and eliminated the power limitations on systems with operational radius of less than 32 kilometers. The 900 MHz SMR auction (Auction No.
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  • and Extension of the 800 MHz Construction Requirements filed by Northwest Airlines, Inc. is granted to the extent outlined above for the two frequencies (861.1125 MHz and 862.1125 MHz) associated with call sign WPYD855. This action is taken under delegated authority pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 0.331, 1.925, and 90.631 of the Commission's rules. Sincerely, Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau Northwest indicates that it requests a waiver of section 90.629 of the Commission's rules. However, section 90.629 pertains to extended implementation. We note that Northwest was not granted extended implementation and therefore conclude its request for waiver pertains to section 90.631, which involves the construction
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  • Mobile Radio (SMR) Station WPCA842 located at Ukiah, CA.2 For the reasons discussed below, Mr. Atkinson's petition for reconsideration is denied. 2. Atkinson filed a finder's preference request against Station WPCA842 on February 8, 1995.3 Atkinson alleged that the target licensee failed to construct and operate the station within one year of the license grant date as required by section 90.631(f) of the Commission's rules. The Office of Operations dismissed the finder's preference request because the target licensee was one of many conventional SMR operators granted a four month extension of time in which to construct their stations.4 3. When the Commission established the finder's preference program, it decided that licensees scheduled for review or currently under review by the Bureau
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  • instrumentation must be at least 1 MHz. If it can be shown that use of the above instrumentation settings do not accurately represent the true interference potential of the equipment under test, then an alternate procedure may be used provided prior Commission approval is obtained. Finally, in Paragraph 27 of Appendix A is corrected to read as follows: 27. Section 90.631 is amended by revising paragraphs (b) and (d), and removing paragraph (i), to read as follows: � 90.631 Trunked systems loading, construction and authorization requirements. (a) * * * (b) Each applicant for a non-SMR trunked system must certify that a minimum of seventy (70) mobiles for each channel authorized will be placed into operation within five (5) years of
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  • this part will be issued for a term not to exceed ten (10) years from the date of the original issuance or renewal. * * * * * Section 90.155 is revised to read as follows: � 90.155 Time in which station must be placed in operation. (a) All stations authorized under this part, except as provided in �� 90.629, 90.631(f), 90.665, and 90.685, must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. (b) A local government entity in the Public Safety Pool, applying for any frequency in this part, may also seek extended implementation authorization pursuant to � 90.629. (c) For purposes of
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  • request for slow growth implementation). Four out of the five cases involve the same finder re-filing its original request after the first filing was dismissed as defective. Under the Commission's Rules, a license for a station cancels automatically upon failure to construct or permanent discontinuance of operation for a period of one year or more. See 47 C.F.R. �� 90.157, 90.631, 90.633. Following a dispositive award to a first-filed finder, any finders, including Radio Team, that filed subsequent requests for the same station were informed of the license cancellation and the award to the first filed finder. See e.g., Letter to James Bishop, Progressive Communications, Inc., from William H. Kellet, Office of Operations, Federal Communications Commission (dated May 1, 1996); Letter
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  • shared channels continues to grow faster than the increase in the efficiency of their use. We hope that the recent changes made to the frequency allocation system implemented in the "refarming" rulemaking will go some distance toward creating a more efficient spectrum allocation system. See Refarming Second R&O, 12 FCC Rcd 14,307. But see 47 C.F.R. �� 90.313, 90.621, 625, 90.631 (in the 470-512 MHz band and above 800 MHz, PLMR channels are assigned on an exclusive basis, or no additional licenses are granted, if the channel in question is loaded to prescribed levels). 1986 Report and Order, 103 FCC Rcd 1093, 1126, at � 5(g). See In re Petition for Review and Supplement to the Petition for Review of Delegated
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  • 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 to the foregoing issues,
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  • channels for use in its proposed AIRSMR system: four applications for I/LT channels, one application for Business channels, five applications for both I/LT and Business channels, six applications for Specialized Mobile Radio (SMR) channels, and one application for General Category Private Land Mobile Radio (PLMR) channels. LMR contemporaneously requested a waiver of Sections 90.175, 90.603, 90.615, 90.621(a) and (b), and 90.631(b), (e) and (f) of our Rules to establish its proposed AIRSMR system. Numerous licensees filed pleadings opposing LMR's applications and associated waiver request. On January 14, 1993, in response to the pleadings filed against its applications and waiver request, LMR submitted a reply that contained modifications to its previous application and waiver request (Waiver II). In Waiver II, LMR explained
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  • necessary in the public interest because we believe market forces will encourage applicants to operate their facilities in the proper manner without Commission involvement. We, therefore, tentatively conclude that we should delete Section 90.607(a) to eliminate the above-mentioned reporting requirements. We invite comment on this tentative conclusion. 800 MHz and 900 MHz Trunked Systems Loading, Construction and Authorization Requirements Section 90.631 of the Commission's rules contains various requirements for the authorization, construction, and loading of 800 MHz and 900 MHz trunked systems. PCIA and CTIA request that the Commission modify two of these requirements that they assert are no longer necessary. Section 90.631(d) of the Commission's rules allows a licensee of an 800 MHz and 900 MHz SMR trunked system to
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  • case on the limited question of whether the Commission should grant Morris's request for waiver of the one-year construction requirement, which was presented for the first time in its Application for Review. We dismiss Morris's waiver request because it is a new argument prohibited under our rules. We also find that it fails to meet our waiver standard. bACKGROUND Section 90.631(e) of our rules requires that an SMR licensee construct a station within one year of the date of license grant. Section 90.631(f) provides that failure to place a station in permanent operation within one year results in automatic cancellation of the license. On February 2, 1989, the Commission granted Morris a license on Station WNFY616 for a five-year term to
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  • * * * * (c) The provisions of this section do not apply to the 4940-4990 MHz band. * * * * * 8. Section 90.155 is amended by revising paragraph (a) to read as follows: �90.155 Time in which a station must be placed in operation. (a) All stations authorized under this part, except as provided in �� 90.629, 90.631(f), 90.665, 90.685 and 90.1209 must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. * * * * * 9. Section 90.175 is amended by revising paragraph (i) and adding a new paragraph (j)(17) to read as follows: � 90.175 Frequency coordination requirements. *
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  • a de facto transfer lease application that would be subject to immediate approval. See Section IV.A.1.a(ii), supra. See 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
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  • (FCC 03-95) released April 28, 2003 (68 FR 4403) which is pending. * * * * * The text in paragraph (d) of Section 90.629 is removed because the Business and Industrial/Transportation categories have been combined into one pool. � 90.629 Extended implementation period. * * * * * (d) [Reserved] * * * * * Paragraph (b) of Section 90.631 is amended to reflect the interleaved portion of the 800 MHz band after band reconfiguration and to remove references to Spectrum Block D which will no longer exist after band reconfiguration. � 90.631 Trunked systems loading, construction and authorization requirements. * * * * * (b) Each applicant for a non-SMR trunked system must certify that a minimum of seventy
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1_Erratum.doc
  • (FCC 03-95) released April 28, 2003 (68 FR 4403) which is pending. * * * * * The text in paragraph (d) of Section 90.629 is removed because the Business and Industrial/Transportation categories have been combined into one pool. � 90.629 Extended implementation period. * * * * * (d) [Reserved] * * * * * Paragraph (b) of Section 90.631 is amended to reflect the interleaved portion of the 800 MHz band after band reconfiguration and to remove references to Spectrum Block D which will no longer exist after band reconfiguration. � 90.631 Trunked systems loading, construction and authorization requirements. * * * * * (b) Each applicant for a non-SMR trunked system must certify that a minimum of seventy
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  • 800 MHz General Category applications filed after 800 MHz rebanding. Conform the Emission Mask G to a modulation-independent mask that places no limitation on the spectral power density profile within the maximum authorized bandwidth. Eliminate Section 90.607(a) of our rules requiring the filing of certain outdated supplemental information. Eliminate the loading requirement and references to the ``waiting list'' in Section 90.631(d) of our rules, and eliminate Section 90.631(i) which is no longer necessary because the 900 MHz specialized mobile radio (SMR) renewal period it references has long passed. Modify Section 90.635 of our rules to remove the distinction between urban and suburban sites when setting the maximum power and antenna heights limits for conventional 800 MHz and 900 MHz systems. Eliminate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1_Erratum.doc
  • 800 MHz General Category applications filed after 800 MHz rebanding. Conform the Emission Mask G to a modulation-independent mask that places no limitation on the spectral power density profile within the maximum authorized bandwidth. Eliminate Section 90.607(a) of our rules requiring the filing of certain outdated supplemental information. Eliminate the loading requirement and references to the ``waiting list'' in Section 90.631(d) of our rules, and eliminate Section 90.631(i) which is no longer necessary because the 900 MHz specialized mobile radio (SMR) renewal period it references has long passed. Modify Section 90.635 of our rules to remove the distinction between urban and suburban sites when setting the maximum power and antenna heights limits for conventional 800 MHz and 900 MHz systems. Eliminate
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  • at 8081 �� 190-91. Loading rules require an applicant to demonstrate that it will ``load'' a channel with a certain number of mobiles in order to obtain exclusive use of that channel or to load a channel to full capacity before requesting additional spectrum. CMRS R&O, 9 FCC Rcd at 8081 � 191 & n.351. See e.g., 47 C.F.R. �� 90.631, 90.633. Under Part 90, non-SMR trunked and conventional systems are authorized on the basis of a minimum loading criteria of one hundred or seventy (respectively) mobile stations for each channel authorized. See section IV.A.2. supra. See e.g., 47 C.F.R. Part 90, Subpart G (Applications and Authorizations), Subpart H (Policies Governing Assignment of Frequencies), Subpart I (General Technical Standards), Subpart N
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  • * * (77) Subpart R of this part contains rules for assignment of channels in the 763-775 MHz and 793-805 MHz bands. Section 90.155 is amended by revising paragraph (a) to read as follows: � 90.155 Time in which station must be placed in operation. (a) All stations authorized under this part, except as provided in sections 90.528, 90.529, 90.629, 90.631(f), 90.665, 90.685, and 90.1209, must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. * * * * * Section 90.175 is amended by revising the title of paragraph (e), revising paragraphs (j) (10), (11) and (12) and adding a new paragraph (j)(18) to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • * * (77) Subpart R of this part contains rules for assignment of channels in the 763-775 MHz and 793-805 MHz bands. Section 90.155 is amended by revising paragraph (a) to read as follows: � 90.155 Time in which station must be placed in operation. (a) All stations authorized under this part, except as provided in sections 90.528, 90.529, 90.629, 90.631(f), 90.665, 90.685, and 90.1209, must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. * * * * * Section 90.175 is amended by revising the title of paragraph (e), revising paragraphs (j) (10), (11) and (12) and adding a new paragraph (j)(18) to
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  • the remainder were expected to be mounted in vehicles. EFL did not respond at all to the Division's request for a copy of its articles of incorporation and a list of corporate officers. On July 30, 2005, the Division dismissed each of EFL's applications as defective under Section 1.934 of the Commission's rules with a ``Notice of Dismissal'' explaining: Rule 90.631 requires that trunked channels be assigned on the basis of 100 mobile units per channel. Based on our review of the information provided, you have not justified the number of channels requested. You indicate that you have no current business operation in the market nor did you provide any evidence that you were establishing an operation justifying the number of
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  • subscriber that is not affiliated with, controlled by, or related to the providing carrier. Licenses used for private, internal communications do not involve the provision of service to unaffiliated subscribers, so we propose to retain the existing discontinuance of operations test for these types of licenses. We seek comment on our proposed approach. Part 90 Specialized Mobile Radio Service Section 90.631(f), which governs permanent discontinuance of trunked Specialized Mobile Radio (SMR) Service operations, is similar to section 22.317, governing permanent discontinuance of operations for all Part 22 Public Mobile Services. The rule provides that an SMR ``licensee with facilities that have discontinued operations for 90 continuous days is presumed to have permanently discontinued operations,'' unless it notifies the Commission ``prior to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
  • that is not affiliated with, controlled by, or related to the providing carrier. Licenses used for private, internal communications do not involve the provision of service to unaffiliated subscribers, so we propose to retain the existing discontinuance of operations test for these types of licenses. We seek comment on our proposed approach. f. Part 90 Specialized Mobile Radio Service 69.Section 90.631(f), which governs permanent discontinuance of trunked Specialized Mobile Radio (SMR) Service operations, is similar to section 22.317, governing permanent discontinuance of operations for all Part 22 Public Mobile Services. The rule provides that an SMR "licensee with facilities that have discontinued operations for 90 continuous days is presumed to have permanently discontinued operations," unless it notifies the Commission "prior to
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  • Ralph A. Haller, Chief, Private Radio Bureau, to David E. Weisman, Meyer, Faller Weisman and Rosenberg, 8 FCC Rcd. 143 (dated Dec. 23, 1992) (Weisman Letter). Conventional SMR systems were required by the Commission's rules to be constructed and operating within eight months of license grant and trunked SMR systems were subject to a twelve-month construction period. 47 C.F.R. �� 90.631(f), 90.633(d). Weisman Letter, 8 FCC Rcd. at 143. Implementation of Sections 3(n) and 332 of the Communications Act, GN Docket No. 93-252, Regulatory Treatment of Mobile Services, Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, PR Docket No. 93-144, Amendment of Parts 2 and 90 of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-417A1_Erratum.doc
  • Ralph A. Haller, Chief, Private Radio Bureau, to David E. Weisman, Meyer, Faller Weisman and Rosenberg, 8 FCC Rcd. 143 (dated Dec. 23, 1992) (Weisman Letter). Conventional SMR systems were required by the Commission's rules to be constructed and operating within eight months of license grant and trunked SMR systems were subject to a twelve-month construction period. 47 C.F.R. �� 90.631(f), 90.633(d). Weisman Letter, 8 FCC Rcd. at 143. Implementation of Sections 3(n) and 332 of the Communications Act, GN Docket No. 93-252, Regulatory Treatment of Mobile Services, Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, PR Docket No. 93-144, Amendment of Parts 2 and 90 of the
• 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
  • Rule). 90.621(e)(3)(i)( Selection and assignment of frequencies (change to allow90.621(e)(3)(i), e)(5),(f)(1) electronic filing of information via ULS). (e)(5),(f)(1) 90.625(a) Other criteria to be applied in assigning channels for use 90.625(a) in conventional systems of communications (change to allow electronic filing of information via ULS). 90.629(c), (d) Extended implementation period (change to allow 90.629(c), (d) electronic filing of information via ULS). 90.631(b), (f) Trunked system loading construction and authorization 90.631(b), (f) requirements (change to allow electronic filing of information via ULS). 90.633(e) Conventional systems loading requirements (change to 90.633(e) allow electronic filing of information via ULS). 90.645(g),(h) Permissible operations (change to allow electronic filing 90.645(g),(h) of information via ULS). 90.651(b), (c), Supplemental reports required of licenses authorized 90.651(b), (c), (d) (d) under
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  • the notice and waiting-period provisions adopted in the Refarming Second Report and Order are the most practical methods by which accurate frequency coordination decisions can be made.266 Specifically, all frequency coordinators must FEDERAL COMMUNICATIONS COMMISSION FCC 98-191 267 See para. 100 supra. 268 See Second Notice, 12 FCC Rcd at 17,777, referring to 47 C.F.R. � 90.155 (a) and � 90.631(e). 269 Second Notice, 12 FCC Rcd at 17,777. 270 Second Notice, 12 FCC Rcd at 17,777-78. 271 See, e.g., NPSTC Comments at 46; Florida Comments at 8; Long Beach, CA Comments at 6; California Comments at para. 47; NYS Police Comments at 8. 272 NPSTC Comments at 46. 273 Florida Comments at 8. 274 See, e.g., Long Beach, CA Comments
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  • Acton, LA. Boston, MA District Office (7/05/00). Guaranteed Builders, Inc., WPIQ753, East Douglas, MA. Boston, MA District Office (7/05/00). Malden Mills Industries, Inc., WNYE717, Lawrence, MA. Boston, MA District Office (7/05/00). Michael Pantos, WNJA336, Worcester, MA. Boston, MA District Office (7/20/00). 47 C.F.R. � 1.903 - Authorization Required 420 Energy Investments, Inc., Burnsville, WV, WPFP282. Other violation: 47 C.F.R. � 90.631(Trunked Systems Loading, Construction and Authorization Requirements). Columbia, MD District Office (7/25/00) 420 Energy Investments, Inc., Sardis, WV, WPFQ228. Other violation: 47 C.F.R. � 90.631(Trunked Systems Loading, Construction and Authorization Requirements). Columbia, MD District Office (7/25/00). California Car Service, Inc., WPJR-974, Brooklyn, NY. Other violation: 47 C.F.R � 90.403(General Operating Requirements). New York, NY District Office (7/31/00). 47 C.F.R. Part 11
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  • Part 1 - Practice and Procedure 47 C.F.R. � 1.89 - Notice of Violation Schindler Elevator Corp., KNGK438, Morristown, NJ. Boston, MA District Office (10/18/00). Route 66 Broadcasting Company, Santa Rosa, New Mexico. Denver, CO District Office (10/26/00). 47 C.F.R. � 1.903 - Authorization Required Equitable Resources Inc, Pittsburgh, PA, WPFP258, WPFP891, WPJP432, WPKI678, WPKK631. Other violation: 47 C.F.R. � 90.631 (Trunked Systems Loading, Construction and Authorization Requirements). Philadelphia, PA District Office (10/11/00). Metro Machine of Philadelphia, Chester, PA. Philadelphia, PA District Office (10/13/00). City of Baltimore, Baltimore, MD, WNVP706. Columbia, MD District Office (10/27/00). 47 C.F.R. � 1.929 - Classification of Filings As Major or Minor Pampphile J. Rosselle, d/b/a/ Phil's Pure Service, Northville, MI. Other violations: 47 C.F.R. ��
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  • (4/19/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. � 301 (unlicensed operation of a station) Marcos Gomez, Iglesia Apostolica Church, Inglewood, CA. Los Angeles, CA Office (4/5/00). 47 C.F.R. Part 1, Subpart F (Wireless Telecommunications Services Applications and Proceedings) 47 C.F.R. � 1.903 (Authorization Required) Michael Sporer, WMIX485, San Ramon, California. NOV also issued for violation of 47 C.F.R. � 90.631 (Trunked Systems Loading, Construction and Authorization Requirements). Philadelphia, PA Office (4/12/00). Southern Natural Gas Company. NOV also issued for violation of 47 C.F.R. �� 90.233(a) (responsibility of non-voice operation licensees to cooperate in shared use of land mobile channels) and 90.403(e) (requirement to take reasonable precautions to avoid causing harmful interference). Atlanta, GA Office (4/25/00). 47 C.F.R. � 1.929 (Classifications
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  • and Second Further Notice with respect to loading requirements in the 900 MHz service, as petitioners have raised no new arguments that would merit reconsideration. Consequently, incumbent 900 MHz SMR licensees will continue to be subject to the loading requirements that were in effect when they were licensed. 8. We clarify that our amended rule regarding discontinuance of operation (Section 90.631(f)), which provides that stations taken out of service for 90 consecutive days are considered permanently discontinued, applies only to stations that were taken out of service after June 5, 1995 (the effective date of the rule). The former rule provided that stations taken out of service for 12 months were considered permanently discontinued. Consequently, stations that Fleet Call, Inc., Memorandum
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  • deadline has not passed. In the 800 MHz Second Report 90 Federal Communications Commission FCC 99-270 800 MHz Second Report and Order, 12 FCC Rcd at 19106, � 72. 91 Id. at 19096, � 38. 92 Id. at 19106, � 72. 93 Non-SMR licensees with site specific authorizations are subject to a twelve-month construction requirement. 94 See 47 C.F.R. � 90.631(e). See also Amendment of Part 90 of the Commission's Rules Concerning Private Land Mobile Radio Services, WT Docket No. 97-153, Report and Order, FCC 99-9, � 20 (rel. February 19, 1999). Although SMR licensees with site-specific authorizations are subject to a 12-month construction requirement, see Implementation of Sections 3(n) and 332 of the Communications Act, Regulatory Treatment of Mobile Services,
• http://wireless.fcc.gov/licensing/index.htm?job=const_req_by_service
  • at 10 years. SL 90.529 601 Main Form and Schedule K 800 & 900 MHz Trunked (Excluding SMR) Construct and place into operation within 1 year of initial license grant. Alternatively, may apply for extended implementation - up to 5 years may be authorized for constructing and placing a system in operation. YB, YE, YF, YI, YJ, YO, YP, YU 90.631(e), 90.629, 90.155(b) 601 Main Form and Schedule K 800 & 900 MHz Conventional (Excluding SMR) Construct and place into operation within 1 year of initial license grant. Alternatively, may apply for extended implementation - up to 5 years may be authorized for constructing and placing a system in operation. GB, GE, GF, GI, GJ, GO, GP, GU 90.633(c), 90.629, 90.155(b)
• http://wireless.fcc.gov/services/index.htm?job=operations&id=smrs
  • the population within three years and at least 2/3 coverage of the population within five years. Alternatively, within five years, a showing of substantial service is required. See [32]rule 90.685 (800 MHz) or rule 90.665 (900 MHz). Deconstruction An SMR licensee with facilities that have discontinued operations for 90 continuous days is presumed to have permanently discontinued operations. See [33]rule 90.631(f) [34]Return to Top Arrow Return To Top Last reviewed/updated on 9/24/2007 [35]FCC Home [36]Search [37]RSS [38]Updates [39]E-Filing [40]Initiatives [41]Consumers [42]Find People [43]Licensing, Technical Support and Website Issues - [44]Forgot Your Password? - [45]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW Washington, DC 20554 [46]More FCC Contact Information... Phone: 1-888-CALL-FCC (1-888-225-5322) TTY: 1-888-TELL-FCC (1-888-835-5322) Fax:
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000996.doc
  • (4/19/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. � 301 (unlicensed operation of a station) Marcos Gomez, Iglesia Apostolica Church, Inglewood, CA. Los Angeles, CA Office (4/5/00). 47 C.F.R. Part 1, Subpart F (Wireless Telecommunications Services Applications and Proceedings) 47 C.F.R. � 1.903 (Authorization Required) Michael Sporer, WMIX485, San Ramon, California. NOV also issued for violation of 47 C.F.R. � 90.631 (Trunked Systems Loading, Construction and Authorization Requirements). Philadelphia, PA Office (4/12/00). Southern Natural Gas Company. NOV also issued for violation of 47 C.F.R. �� 90.233(a) (responsibility of non-voice operation licensees to cooperate in shared use of land mobile channels) and 90.403(e) (requirement to take reasonable precautions to avoid causing harmful interference). Atlanta, GA Office (4/25/00). 47 C.F.R. � 1.929 (Classifications
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001850.doc
  • Acton, LA. Boston, MA District Office (7/05/00). Guaranteed Builders, Inc., WPIQ753, East Douglas, MA. Boston, MA District Office (7/05/00). Malden Mills Industries, Inc., WNYE717, Lawrence, MA. Boston, MA District Office (7/05/00). Michael Pantos, WNJA336, Worcester, MA. Boston, MA District Office (7/20/00). 47 C.F.R. � 1.903 - Authorization Required 420 Energy Investments, Inc., Burnsville, WV, WPFP282. Other violation: 47 C.F.R. � 90.631(Trunked Systems Loading, Construction and Authorization Requirements). Columbia, MD District Office (7/25/00) 420 Energy Investments, Inc., Sardis, WV, WPFQ228. Other violation: 47 C.F.R. � 90.631(Trunked Systems Loading, Construction and Authorization Requirements). Columbia, MD District Office (7/25/00). California Car Service, Inc., WPJR-974, Brooklyn, NY. Other violation: 47 C.F.R � 90.403(General Operating Requirements). New York, NY District Office (7/31/00). 47 C.F.R. Part 11
• 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
  • Rule). 90.621(e)(3)(i)( Selection and assignment of frequencies (change to allow90.621(e)(3)(i), e)(5),(f)(1) electronic filing of information via ULS). (e)(5),(f)(1) 90.625(a) Other criteria to be applied in assigning channels for use 90.625(a) in conventional systems of communications (change to allow electronic filing of information via ULS). 90.629(c), (d) Extended implementation period (change to allow 90.629(c), (d) electronic filing of information via ULS). 90.631(b), (f) Trunked system loading construction and authorization 90.631(b), (f) requirements (change to allow electronic filing of information via ULS). 90.633(e) Conventional systems loading requirements (change to 90.633(e) allow electronic filing of information via ULS). 90.645(g),(h) Permissible operations (change to allow electronic filing 90.645(g),(h) of information via ULS). 90.651(b), (c), Supplemental reports required of licenses authorized 90.651(b), (c), (d) (d) under
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.wp
  • the notice and waiting-period provisions adopted in the Refarming Second Report and Order are the most practical methods by which accurate frequency coordination decisions can be made.266 Specifically, all frequency coordinators must FEDERAL COMMUNICATIONS COMMISSION FCC 98-191 267 See para. 100 supra. 268 See Second Notice, 12 FCC Rcd at 17,777, referring to 47 C.F.R. � 90.155 (a) and � 90.631(e). 269 Second Notice, 12 FCC Rcd at 17,777. 270 Second Notice, 12 FCC Rcd at 17,777-78. 271 See, e.g., NPSTC Comments at 46; Florida Comments at 8; Long Beach, CA Comments at 6; California Comments at para. 47; NYS Police Comments at 8. 272 NPSTC Comments at 46. 273 Florida Comments at 8. 274 See, e.g., Long Beach, CA Comments
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991922.doc
  • (Mr. Waugh). For the reasons discussed below, we deny Pennington's request for a finder's preference. Pennington filed a request for a finder's preference against Station WPCT314 on January 9, 1995. In her finder's preference request, Pennington alleged that the target licensee failed to construct and operate the station within one year of the license grant date as required by section 90.631(f) of the Commission's rules. In support, Pennington attached Mr. Waugh's Request for Waiver of the construction deadline for his Station WPCT314, dated April 22, 1994. When the Commission established the finders preference program, it decided that licensees scheduled or currently under review for violations by the Bureau are not subject to finder's preference requests. At the time Pennington filed her
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991950.doc
  • difference between its authorized coordinates and the location of the station. On January 8, 1997, the Office of Operations granted the finder's preference request. The Office of Operations determined that a discrepancy of 4.87 miles between the location of the site where the tower was constructed and the authorized coordinates constituted prima facie evidence of a violation of 47 C.F.R. �90.631. Mr. Sam submitted evidence in its Petition demonstrating that Station WNRQ875 was constructed in substantial accordance with its authorized parameters. Specifically, Mr. Sam submitted an engineering analysis and coverage area maps for Station WNRQ875 showing that the coverage area that reflected the different site location did not exceed the original coverage area licensed by the Commission. III. Discussion The Commission
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991969.doc
  • Specialized Mobile Radio (SMR) Station WPCA842 located at Ukiah, CA. For the reasons discussed below, Mr. Atkinson's petition for reconsideration is denied. Atkinson filed a finder's preference request against Station WPCA842 on February 8, 1995. Atkinson alleged that the target licensee failed to construct and operate the station within one year of the license grant date as required by section 90.631(f) of the Commission's rules. The Office of Operations dismissed the finder's preference request because the target licensee was one of many conventional SMR operators granted a four month extension of time in which to construct their stations. When the Commission established the finder's preference program, it decided that licensees scheduled for review or currently under review by the Bureau are
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991996.doc
  • if a target licensee made a target siting error of less than 1.6 kilometers, the filer of a finder's preference request has the burden of demonstrating that the error was not minor. There is, therefore, a rebuttable presumption that a licensee who made an error of less than 1.6 kilometers would be deemed to be in substantial compliance with section 90.631(f) of the Commission's rules. In the instant case, the filer of the finder's preference request alleged that the target licensee, Mr. Maddalla, did not build in substantial accordance with the coordinates designated in his station authorization. In this case, however, undisputed evidence demonstrates that the tower in question was timely constructed within 1.6 kilometers of its authorized coordinates. (The actual
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991999.doc
  • for Special Temporary Authority (STA Request) to correct the coordinates of Station WNNH961. The Bureau's Land Mobile Branch granted the STA Request on May 3, 1994, for a term expiring May 3, 1995. On March 30, 1995, Mr Wright filed his finder's preference request for WNNH961 alleging that the station was not constructed and was, therefore, in violation of section 90.631(f) of the Commission's Rules. The Office of Operations denied the finder's preference request on June 20, 1996, because the station was under compliance review as soon as the STA Request was filed. Wright filed a petition for reconsideration on July 19, 1996 alleging that Station WNNH961 was not constructed in substantial accordance with its license parameters by the one-year construction
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992089.doc
  • award to Kelly is set aside and the license for Station WNVL337 is reinstated. II. Background Connelly filed a finder's preference for Station WNVL337 on July 19, 1994. Connelly alleged that no tower was located at the authorized coordinates, and that the station's tower was, in fact, 900 feet away. The finder thus alleged a violation of 47 C.F.R. � 90.631, in that Station WNVL337 was not constructed in substantial accordance with its authorized location. In her response, Rooker stated that the system was operational but located 900 feet from its authorized coordinates. III. Discussion The Commission created the finder's preference program in order to relieve the scarcity of spectrum in several frequency bands by creating "new incentives for persons to
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992091.doc
  • the finder's preference award to Kelley is set aside and the license for Station WNPQ779 is reinstated. II. Background Kelley filed a finder's preference request for Station WNPQ779 on August 1, 1994, alleging that no tower was located at the authorized coordinates and that the tower was 4,000 feet away. The finder thus alleged a violation of 47 C.F.R. � 90.631, in that Station WNPQ779 was not constructed in substantial accordance with its authorized parameters. In his Petition, Joyner states that the system was operational but acknowledges that the tower was located 4,000 feet from its authorized site. III. Discussion The Commission created the finder's preference program in order to relieve the scarcity of spectrum in several frequency bands by creating
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992112.doc
  • Station WNZI887, filed a petition for reconsideration (Petition) of a decision by the Wireless Telecommunications Bureau's Office of Operations. That decision granted an award of a finder's preference to A & B Electronics, Inc., (A&B). For the reasons discussed below, SMARTCOMM's Petition is denied. A&B filed its finder's preference request (Request) on December 1, 1995, alleging a violation of section 90.631 of the Commission's Rules. 47 C.F.R. � 90.631. The Bureau's Office of Operations granted an award of a finder's preference because the finder presented sufficient evidence that demonstrated the station had never been constructed. SMARTCOMM filed its Petition on October 7, 1996. In its Petition, SMARTCOMM argues that the Commission eliminated the Finder's Preference Program on December 15, 1995, and,
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992117.doc
  • Preference (Request) filed against Station WPCE870 located at Indianapolis, Indiana. For the reasons discussed below, Ms. Fairbanks's Petition is denied. Ms. Fairbanks filed a finder's preference request against Station WPCE870 on August 10, 1994. Ms. Fairbanks alleged that the target licensee failed to construct and operate the station within one year of the license grant date as required by section 90.631(f) of the Commission's rules. The Office of Operations dismissed the Request because the target licensee was one of many conventional SMR operators granted a four month extension of time in which to construct their stations. Due to the Commission's action extending the time of the target license to construct WPCE870, the Request was untimely filed. A finder cannot file a
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992156.doc
  • Background Nitecki filed a finder's preference request for Station WNDH908 on August 5, 1994, alleging that the tower was located approximately 1.6 kilometers from its authorized coordinates. He also alleged that only two of the five authorized frequencies were operational. Accordingly, Nitecki argued that Station WNDH908 was not constructed in substantial accordance with its authorized parameters in violation of section 90.631(e) of the Commission's rules. In its Decision, the Office of Operations denied Nitecki's finder's preference request based on its finding that Centro had demonstrated compliance with the Commission's construction and operation rules. In his Petition, Nitecki argues that the Decision did not address the issue of whether the station was constructed at the licensed coordinates. In addition, Nitecki contends that
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992157.doc
  • dismiss the amended applications as defective pursuant to Section 1.934(d)(2) of the Commission's Rules. II. BACKGROUND 2. On June 23, 1992, LMR filed seventeen applications for various 800 MHz and 900 MHz PLMR, SMR and General Category channels for use in its proposed AIRSMR system. LMR contemporaneously filed a waiver request of Sections 90.175, 90.603, 90.615, 90.621(a) and (b), and 90.631(b), (e) and (f) of the Commission's Rules to establish its AIRSMR system. Between July 8, 1992 and August 7, 1992, numerous licensees filed pleadings opposing LMR's applications and Waiver Request. Between September 25, 1992 and February 8, 1993, LMR amended its applications. On January 14, 1993, in reply to the pleadings filed against its applications and waiver request, LMR submitted
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992159.doc
  • On December 14, 1995, JKR filed a finder's preference request for WNIC901 alleging that frequencies 856-860.1875 were not timely constructed and placed in operation by a construction deadline of October 22, 1994. JKR alleged that the frequencies were not constructed based on monitoring performed on one day in November 1995. On this basis, 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. ��
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992188.doc
  • waiver (Waiver Request) of the construction deadline for Station WPEJ297. Radio Communications Specialists (RCS) filed a finder's preference request for station WPEJ297 on November 17, 1995. Mr. Erickson did not submit an opposition to the finder's preference request. The Office of Operations awarded the finder's preference request to Radio Communicaitons Specialist because it held that the licensee had violated section 90.631 of the Commission's rules, 47 C.F.R. � 90.631. In his Petition, Mr. Erickson attached a copy of the Waiver Request, filed December 12, 1994. III. Discussion The Commission created the finder's preference program in order to relieve the scarcity of spectrum in several frequency bands by creating "new incentives for persons to provide [the Commission with] information about unconstructed, non-operational,
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992191.doc
  • interpretation of its regulations and affirmed the Commission's ruling. In this case, the allegation is that the station is constructed less than 1.6 kilometers from the authorized coordinates. Orr has not presented sufficient evidence to prove that the error was not minor. Therefore, he has failed to rebut the presumption that the target licensee is in substantial accordance with Section 90.631(f) of the Commission's rules. Therefore, we affirm our previous decision, granting a partial award to Orr and denying Orr's petition. 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. ��
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992194.doc
  • on the license, stating that the coordinates on the license were in error. On December 27, 1996, the Bureau granted the finder's preference request. The Office of Operations determined that a discrepancy of 1.26 miles between the location of the site where the tower was constructed and the authorized coordinates was prima facie evidence of a violation of 47 C.F.R. �90.631. 3. Land Line submitted evidence in support of its Petition that Station WNXU277 was constructed in substantial accordance with its authorized parameters. The evidence showed that, apart from the mistaken coordinates, the station had been constructed and operated at the authorized address and that the error was a good faith numerical transposition. Discussion 4. The Commission created the finder's preference
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992200.doc
  • the finder's preference award to Meek is set aside and the license for Station WNRQ903 is reinstated. II. Background Meek filed a finder's preference request for Station WNRQ903 on July 19, 1994. Meek alleged that no tower was at the authorized coordinates, but the station's tower was located approximately 400 feet away. The finder thus alleged a violation of section 90.631 of the Commission's rules, 47 C.F.R. � 90.631. In her response, McCasky stated that the system was operational but located 400 feet from its authorized coordinates. III. Discussion The Commission created the finder's preference program in order to relieve the scarcity of spectrum in several frequency bands by creating "new incentives for persons to provide [the Commission with] information about
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992230.doc
  • 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 section 90.157,
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992409.doc
  • did not notify the Commission that frequencies 856-860.1125 had been constructed by the authorized deadline, February 2, 1990. 3. On December 4, 1995, Duncan filed a finder's preference request alleging that five of the ten frequencies for Station WNFY616, 856-860.1125 MHz, were not timely constructed by February 2, 1990. Therefore, according to Duncan, the licensee was in violation of section 90.631 of the Commission's rules, 47 C.F.R. � 90.631. On December 19, 1996, the Office of Operations granted a partial award to Duncan for the five frequencies (856-860.1125 MHz) because the finder showed that those frequencies had not been placed in operation within one year of the license grant date in violation of section 90.631 of the Commission's rules, 47 C.F.R.
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992483.doc
  • against Specialized Mobile Radio (SMR) Station WPBA998. The target licensee, Transit Communications Corp. (Transit), filed an Opposition to the Petition for Reconsideration (Opposition). For the reasons discussed below, we deny the Petition. Background for the station. The Office of Operations found that in light of the contrary evidence put forth by Transit, Chadmoore did not conclusively demonstrate a violation of 90.631(e), and therefore the request was denied. Discussion The Commission created the finder's preference program in order to relieve the scarcity of spectrum in several frequency bands by creating "new incentives for persons to provide [the Commission with] information about unconstructed, non-operational, or discontinued private land mobile radio systems...." Under the finder's preference program, a person could file a finder's preference
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992499.doc
  • a request for Special Temporary Authority to modify Station WPBW375 and relocate its transmitter site. The Bureau's Land Mobile Branch granted the STA on May 18, 1994, for a term expiring May 18, 1995. On February 6, 1995 Crown filed its finder's preference request for WPBW375 alleging that the station was not constructed and was, therefore, in violation of sections 90.631(e) and (f) of the Commission's rules. 3. The Office of Operations denied the finder's preference request on January 10, 1997. Crown filed a petition for reconsideration on February 10, 1997 alleging that Station WPBW375 was not constructed in substantial accordance with its license parameters by the one-year construction deadline. III. Discussion 4. The Commission created the finder's preference program in
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992518.doc
  • 370 foot high antenna. Mr. Lott states that a tower structure of 150-200 feet in height is located at the authorized coordinates. The nearest tower of substantial height is 1900 feet away. Mr. Lott also alleges that the frequencies have been monitored and do not show that they were constructed. The finder thus alleged a violation of 47 C.F.R. � 90.631, in that Station WPBE387 was not constructed in substantial accordance with its authorized parameters. In its response to the finder's preference request, A & B stated that the system was constructed and operational at its authorized location, but it had been relocated to a different site from its originally authorized coordinates. A & B included a signed statement dated January
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992559.doc
  • Accordingly, the Petition is granted, the finder's preference award to Connelly is set aside and the license for Station KNGZ328 is reinstated. We also dismiss the application filed by Connelly for the awarded frequencies. II. Background Connelly filed a finder's preference for Station KNGZ328 on August 1, 1994, alleging that the station had not been constructed in violation of section 90.631(e) of the Commission's rules, 47 CFR 90.631(e). Specifically the finder alleged that there was no tower at the licensed coordinates, and that the nearest communications tower was located 400 feet away, therefore the station was not constructed in compliance with its authorization. At the time the request was filed the station was licensed to Ronny's Communications (Ronny's). Ronny's filed an
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992581.doc
  • II. Background Mobile filed a finder's preference for Station WNYJ431 on November 24, 1993. Mobile alleged that no tower was located at the authorized coordinates, and that the closest antenna structure was no greater than 40 feet, less than one-fourth of the authorized 160 feet antenna height for station WNYJ431. The finder thus alleged a violation of 47 C.F.R. � 90.631, in that Station WNYJ431 was not constructed in substantial accordance with its authorized parameters. In opposition, Fetterman stated that the system was constructed and operational but conceded that the antenna height was considerably lower than authorized. In its Petition, Mobile asserts that the Office of Operations erred in holding that, in spite of Fetterman's concession regarding the antenna height, Mobile
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992583.doc
  • January 24, 1997, the Office of Operations issued an award to Chadmoore and a notice of cancellation to Spectrum. The Decision stated that the finder had presented prima facie evidence that the target licensee had not constructed its facility in accordance with its station authorization and was therefore in violation of Section 90.661 of the Commission's rules, 47 C.F.R. � 90.631. In its Petition, Spectrum argues that Station WNZR202 was constructed in compliance with its authorization. Discussion 4. The Commission created the finder's preference program in order to relieve the scarcity of spectrum in several frequency bands by creating "new incentives for persons to provide [the Commission with] information about unconstructed, non-operational, or discontinued private land mobile radio systems...." Under the
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992600.doc
  • 800 MHz Service on December 15, 1995. See Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, First Report and Order, Eighth Report and Order, and Second Further Notice of Proposed Rulemaking, 11 FCC Rcd. 1463, 1634, � 416 (1995) (800 MHz Report & Order). 47 C.F.R. � 90.631. Federal Communications Commission DA 99-2600 Federal Communications Commission DA 99-2600 � � �@��� 0 X X ��;�H�[�Z�;F
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992828.doc http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992828.txt
  • finder's preference for Specialized Mobile Radio (SMR) Station WPBQ431, licensed to Columbia Communications Services Corp. (Columbia).2 For the reasons discussed below, Mr. Godo's petition for reconsideration is denied. II. Background On October 18, 1994, Mr. Godo filed a finder's preference request for Station WPBQ431 alleging that Station WPBQ431 was not timely constructed and placed in operation in violation of Section 90.631 of the Commission's rules. On January 10, 1997, the Office of Operations denied the finder's preference request on the grounds that Mr. Godo had failed to carry his burden and demonstrate that a rule violation occurred. Mr. Godo filed a petition for reconsideration on January 30, 1997. Mr. Godo alleged that Tom Lahr, the site manager, stated that Columbia had
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99399.doc
  • 3(n) and 322 of the Communications Act - Regulatory Treatment of Mobile Services, GN Docket No 93-252, Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, First Report and Order, Eighth Report and Order and Second Further Notice of Proposed Rulemaking, 11 FCC Rcd. 1463 (1995) (800 MHz Report and Order). 47 C.F.R. � 90.631(f) (trunked systems given one year to construct); 47 C.F.R. � 90.633(d) (conventional systems given eight months to construct). Id. Initially, the Commission granted multi-year extended implementation periods to SMR licensees by waiver when the licensees met the waiver standard by demonstrating that their proposed systems differed sufficiently from conventional systems to make normal construction standards inapplicable. See Fleet Call, Inc.,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000149.doc
  • Hot Shot's actual and authorized site was three miles. On November 11, 1994, the former Office of Operations returned Repeater's request for failure to state which of the Commission's Rules was violated. Repeater was given 60 days to amend and re-submit its request. Subsequently, on November 14, 1994, Repeater amended its request and stated that Hot Shot had violated Section 90.631(f) of the Commission's Rules by failing to construct in substantial accordance with its authorization. On December 23, 1994, Hot Shot filed a motion to dismiss Repeater's finder's preference request. Hot Shot maintained that Station KNHY561 was licensed on February 24, 1984, rather than 1990, and that it did, in fact, construct and place its station in operation in accordance with
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000452.doc
  • in such instances. Motorola certified the following to the Bureau: (1) the relevant analog SMR licensed facilities were constructed and operational; (2) its digital and analog sites were co-located; and (3) no digital SMR stations included in the assignment had service contours outside of Motorola's wide-area footprints. In addition, Motorola provided a copy of its request for waiver of Section 90.631(e) regarding its digital wide-area authorizations, wherein it explained that its digital stations were located only at existing SMR base stations used to develop Motorola's wide-area footprint. Importantly, neither Petitioners nor any other commenter in this proceeding have alleged that Motorola's unconstructed authorizations have service contours outside of Motorola's footprint. Based on the foregoing, there was sufficient evidence for the Bureau
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001943.doc
  • 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). Federal Communications
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00051.doc
  • shared channels continues to grow faster than the increase in the efficiency of their use. We hope that the recent changes made to the frequency allocation system implemented in the "refarming" rulemaking will go some distance toward creating a more efficient spectrum allocation system. See Refarming Second R&O, 12 FCC Rcd 14,307. But see 47 C.F.R. �� 90.313, 90.621, 625, 90.631 (in the 470-512 MHz band and above 800 MHz, PLMR channels are assigned on an exclusive basis, or no additional licenses are granted, if the channel in question is loaded to prescribed levels). 1986 Report and Order, 103 FCC Rcd 1093, 1126, at � 5(g). See In re Petition for Review and Supplement to the Petition for Review of Delegated
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00235.doc
  • this part will be issued for a term not to exceed ten (10) years from the date of the original issuance or renewal. * * * * * Section 90.155 is revised to read as follows: � 90.155 Time in which station must be placed in operation. (a) All stations authorized under this part, except as provided in �� 90.629, 90.631(f), 90.665, and 90.685, must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. (b) A local government entity in the Public Safety Pool, applying for any frequency in this part, may also seek extended implementation authorization pursuant to � 90.629. (c) For purposes of
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00298.doc
  • request for slow growth implementation). Four out of the five cases involve the same finder re-filing its original request after the first filing was dismissed as defective. Under the Commission's Rules, a license for a station cancels automatically upon failure to construct or permanent discontinuance of operation for a period of one year or more. See 47 C.F.R. �� 90.157, 90.631, 90.633. Following a dispositive award to a first-filed finder, any finders, including Radio Team, that filed subsequent requests for the same station were informed of the license cancellation and the award to the first filed finder. See e.g., Letter to James Bishop, Progressive Communications, Inc., from William H. Kellet, Office of Operations, Federal Communications Commission (dated May 1, 1996); Letter
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99417.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99417.txt
  • Ralph A. Haller, Chief, Private Radio Bureau, to David E. Weisman, Meyer, Faller Weisman and Rosenberg, 8 FCC Rcd. 143 (dated Dec. 23, 1992) (Weisman Letter). Conventional SMR systems were required by the Commission's rules to be constructed and operating within eight months of license grant and trunked SMR systems were subject to a twelve-month construction period. 47 C.F.R. �� 90.631(f), 90.633(d). Weisman Letter, 8 FCC Rcd. at 143. Implementation of Sections 3(n) and 332 of the Communications Act, GN Docket No. 93-252, Regulatory Treatment of Mobile Services, Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, PR Docket No. 93-144, Amendment of Parts 2 and 90 of the
• http://www.fcc.gov/eb/Public_Notices/da001850.doc http://www.fcc.gov/eb/Public_Notices/da001850.html
  • Acton, LA. Boston, MA District Office (7/05/00). Guaranteed Builders, Inc., WPIQ753, East Douglas, MA. Boston, MA District Office (7/05/00). Malden Mills Industries, Inc., WNYE717, Lawrence, MA. Boston, MA District Office (7/05/00). Michael Pantos, WNJA336, Worcester, MA. Boston, MA District Office (7/20/00). 47 C.F.R. � 1.903 - Authorization Required 420 Energy Investments, Inc., Burnsville, WV, WPFP282. Other violation: 47 C.F.R. � 90.631(Trunked Systems Loading, Construction and Authorization Requirements). Columbia, MD District Office (7/25/00) 420 Energy Investments, Inc., Sardis, WV, WPFQ228. Other violation: 47 C.F.R. � 90.631(Trunked Systems Loading, Construction and Authorization Requirements). Columbia, MD District Office (7/25/00). California Car Service, Inc., WPJR-974, Brooklyn, NY. Other violation: 47 C.F.R � 90.403(General Operating Requirements). New York, NY District Office (7/31/00). 47 C.F.R. Part 11
• http://www.fcc.gov/eb/Public_Notices/da002635.doc http://www.fcc.gov/eb/Public_Notices/da002635.html
  • Part 1 - Practice and Procedure 47 C.F.R. � 1.89 - Notice of Violation Schindler Elevator Corp., KNGK438, Morristown, NJ. Boston, MA District Office (10/18/00). Route 66 Broadcasting Company, Santa Rosa, New Mexico. Denver, CO District Office (10/26/00). 47 C.F.R. � 1.903 - Authorization Required Equitable Resources Inc, Pittsburgh, PA, WPFP258, WPFP891, WPJP432, WPKI678, WPKK631. Other violation: 47 C.F.R. � 90.631 (Trunked Systems Loading, Construction and Authorization Requirements). Philadelphia, PA District Office (10/11/00). Metro Machine of Philadelphia, Chester, PA. Philadelphia, PA District Office (10/13/00). City of Baltimore, Baltimore, MD, WNVP706. Columbia, MD District Office (10/27/00). 47 C.F.R. � 1.929 - Classification of Filings As Major or Minor Pampphile J. Rosselle, d/b/a/ Phil's Pure Service, Northville, MI. Other violations: 47 C.F.R. ��
• http://www.fcc.gov/eb/Public_Notices/da00996.doc http://www.fcc.gov/eb/Public_Notices/da00996.html
  • (4/19/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. � 301 (unlicensed operation of a station) Marcos Gomez, Iglesia Apostolica Church, Inglewood, CA. Los Angeles, CA Office (4/5/00). 47 C.F.R. Part 1, Subpart F (Wireless Telecommunications Services Applications and Proceedings) 47 C.F.R. � 1.903 (Authorization Required) Michael Sporer, WMIX485, San Ramon, California. NOV also issued for violation of 47 C.F.R. � 90.631 (Trunked Systems Loading, Construction and Authorization Requirements). Philadelphia, PA Office (4/12/00). Southern Natural Gas Company. NOV also issued for violation of 47 C.F.R. �� 90.233(a) (responsibility of non-voice operation licensees to cooperate in shared use of land mobile channels) and 90.403(e) (requirement to take reasonable precautions to avoid causing harmful interference). Atlanta, GA Office (4/25/00). 47 C.F.R. � 1.929 (Classifications
• http://www.fcc.gov/ogc/documents/opinions/1997/chadmore.html http://www.fcc.gov/ogc/documents/opinions/1997/chadmore.wp
  • extend the periods within which the applicants' wide-area systems would have to be completed. In the Matter of Amendment of Part 90 of the Commission's Rules Governing Extended Implementation Periods, Report and Order, 8 F.C.C.R. 3975 (1993). Whereas an SMR licensee was normally expected to complete the construction of a station within eight or twelve months, 47 C.F.R. 90.155(a) and 90.631(f), the Commission would now allow a qualified applicant up to five years to complete construction of a system. Id. 90.629. In August 1993, Congress amended the Communications Act to create two categories of mobile service--commercial mobile radio service ("CMRS") and private mobile radio service; and it directed the Commission to implement these categories in its regulations and provide for comparable
• http://www.fcc.gov/ogc/documents/opinions/1997/keller.html http://www.fcc.gov/ogc/documents/opinions/1997/keller.wp
  • stations, trunked systems have multiple channels for use as a "trunk group." See 47 C.F.R. 90.7 (1996). Because computers assign calls to the next available channel on trunked systems, more than one party can communicate at a time. Under Commission rules, conventional channel licensees must share their channels, but trunked system licensees enjoy exclusive use of their channels. See id. 90.631(b), 90.633(b). By late 1992, Lewisville had grown concerned that its public safety radio system was overloaded. At the same time, its neighboring town, Flower Mound, worried that its conventional safety communications system had become inadequate. To solve both their problems, the two towns agreed that Lewisville would add Flower Mound's conventional channel to its trunked system and then, with its
• http://www.fcc.gov/ogc/documents/opinions/1998/cassell.html http://www.fcc.gov/ogc/documents/opinions/1998/cassell.wp
  • in the public interest...." Report and Order, 6 F.C.C.R. at 7303 n.64. The FCC limited the finder's preference program to those "rule violations which lend themselves to conclusive and expeditious action." Id. at 7305. Pre-existing FCC regulations made subject to the finder's program include the requirement that a licensee of a trunked SMR facility complete station construction, see 47 C.F.R. 90.631(e), and place the station "in permanent operation, in accordance with the technical parameters of the station authorization," generally within one year, id. 90.631(f) (emphasis added). See id. 90.173(k); Report and Order, 6 F.C.C.R. at 7305. In the Report and Order in which it adopted the program, the FCC declared that it would "continue to apply [these] existing rules," rather than
• http://www.fcc.gov/ogc/documents/opinions/2004/02-1175-091704.pdf
  • 28 U.S.C. � 2348.................................................................................................................2 47 U.S.C. � 308(b)..........................................................................................................3, 5 47 U.S.C. � 310(d)............................................................................................................10 47 U.S.C. � 402(a)..........................................................................................................1, 2 47 U.S.C. � 402(b)(1).........................................................................................................2 47 U.S.C. � 402(b)(1)(2).....................................................................................................1 47 U.S.C. � 402(b)(5).........................................................................................................1 47 C.F.R. � 0.459................................................................................................................7 47 C.F.R. � 90.1, et seq.......................................................................................................4 Page v 47 C.F.R. � 90.313 (1994)..................................................................................................4 47 C.F.R. � 90.623 (1994)..................................................................................................4 47 C.F.R. � 90.627 (1994)..................................................................................................4 47 C.F.R. � 90.631 (1994)..................................................................................................4 47 C.F.R. � 90.633 (1994)..................................................................................................4 Others FRAP 15(a)(2)(B)...............................................................................................................2 * Cases and other authorities principally relied upon are marked with asterisks. GLOSSARY vi Act The Communications Act of 1934, as amended ALJ Administrative Law Judge Bureau Wireless Telecommunications Bureau or Enforcement Bureau Management Agreement stations Stations subject to the Kay/Sobel Management Agreement Kay . James A. Kay, Jr. Sobel Marc
• http://www.fcc.gov/ogc/documents/opinions/2005/04-1014-011105.pdf
  • 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. � 90.157(a).