FCC Web Documents citing 1.925

as compiled by hallikainen.com/FccRules on 2009 06 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-00-2053A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-00-2053A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-00-2053A1.txt
  • the Secretary within the thirty-day period, and no request for waiver of the requisite filing location was submitted, we conclude that the Petition should be dismissed. Therefore, we dismiss Gutter's petition for reconsideration. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Petition for Reconsideration filed by Lawrence Gutter on December 6, 1999 IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-00-2054A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-00-2054A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-00-2054A1.txt
  • the Secretary within the thirty-day period, and no request for waiver of the requisite filing location was submitted, we conclude that the Petition should be dismissed. Therefore, we dismiss Jamison's petition for reconsideration. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Petition for Reconsideration filed by Richard E. Jamison, on November 12, 1999 IS DISMISSED. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 97.21(b) of the Commission's Rules, 47 C.F.R. �, 97.21(b), the application for Amateur
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1930A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1930A1.pdf
  • rebanding. Therefore, we conclude that Sprint should pay for retuning of these facilities, notwithstanding the fact that they were incorrectly classified as temporary facilities and that STAs for the facilities were granted after the freeze. Ordering Clause ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the waiver request filed, by the Commonwealth of Pennsylvania in connection with application FCC File No. 0002886293 IS GRANTED to the extent discussed herein. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION David L. Furth
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2032A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2032A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2032A1.txt
  • installment payment deadlines, 47 C.F.R � 2110(g)(4)(iv), and reinstatement of the 900 MHz Specialized Mobile Radio Service T block license for the Dallas-Fort Worth major trading area, MTA007, is DENIED. This action is taken pursuant to sections 4(i), 4(j), 303(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), 303(r), and 309(j), and sections 1.925 and 1.2110(g)(4) of the Commission's rules, 47 C.F.R. �� 1.925 and 1.2110(g)(4), under authority delegated pursuant to section 0.331 of the Commission's rules, 47 C.F.R. � 0.331. FEDERAL COMMUNICATIONS COMMISSION Fred B. Campbell, Jr. Chief, Wireless Telecommunications Bureau Waiver - Expedited Action Requested; Request for Reinstatement, filed by CommNet Communications Network, Inc., on Sept. 22, 2004 (``Waiver and Reinstatement Request'').
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2033A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2033A1.pdf
  • proposed sites and an adjacent-channel TV station. Finally, Dauphin requests a waiver of Section 90.309, Table C to allow its mobile units to operate with more power than permitted and requests a waiver of Section 90.309, Table A to allow its base stations to be short-spaced to co-channel TV stations. Dauphin contends that the waivers are justified under both Section 1.925 and Section 337(c) of the Communications Act of 1934, as amended. For the reasons stated below, we grant Dauphin's Waiver Request, subject to the conditions specified herein. BACKGROUND Dauphin states that it is upgrading its public safety radio communication system. According to Dauphin, the new radio system will provide first responders with a county-wide communications capability along with interoperability with
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2037A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2037A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2037A1.txt
  • due to causes beyond its control. Furthermore, in recognizing that compliance with the broadband PCS construction requirements may be difficult at times, the Commission stated that, in situations in which the circumstances are unique and the public interest would be served, it would consider waiving the PCS construction requirements on a case-by-case basis. Waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of the rule would be
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-203A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-203A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-203A1.txt
  • requested the extension because his counsel was assisting family and friends relocated to the Washington area because of Hurricane Katrina. We find good cause for the extension and grant Pascual's request. Opposition at 2-3. Opposition at 4-5. See 47 C.F.R. � 21.11(c) (2004). Id. The waiver standard under Section 21.19 is the same as the standard set forth under Section 1.925(b)(3), which applies to BRS licensees as of January 10, 2005. 47 C.F.R. �� 1.925(b)(3), 21.19. See Jonsson Communications Corp., Memorandum Opinion and Order, 17 FCC Rcd 22697 (WTB PSPWD 2002). Waiver Request. Id. Id. Opposition at 2. Petition at 1 n.1. AMTS Consortium, LLC, Order, 20 FCC Rcd 17975, 17976 � 4 (WTB PSCID 2005); Mobex Network Services, LLC, Order,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-205A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-205A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-205A1.txt
  • of the Commission's Rules to Facilitate Development and Use of the Universal Licensing System in the Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476, 11486 � 22 (1999) (ULS MO&O). See id, 14 FCC Rcd. at 11486 � 22. See id., 14 FCC Rcd at 11485 � 22. 47 C.F.R. � 1.925(b)(3). See Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-207A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-207A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-207A1.txt
  • extension of time to construct the Modification Application. On July 20, 2004, the Wireless Telecommunications Bureau declared the authorization for Station WNC586 forfeited, pursuant to Section 73.3534(e) of the Commission's Rules, for failure to construct and for failure to request an extension of time to construct. SBI filed the Petition on August 27, 2004. SBI contends that, pursuant to Section 1.925(b)(3)(ii) of the Commission's Rules, we should waive Section 73.3534 of the Commission's Rules and reinstate the construction permit for Station WNC586. First, SBI argues that a waiver is necessary due to the unique circumstances that resulted in SBI failing to file the necessary extension applications. SBI states that it and NTELOS recognize that a timely application should have been filed,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2142A7.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2142A7.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2142A7.txt
  • confidential treatment. Otherwise, the attachment will be available for public inspection. EXHIBIT G: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands waiver requests, see Section IV, ``Exhibit Y: Tribal Lands Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit G: Waiver Requests'' in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2167A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2167A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2167A1.txt
  • its customers. The Bureau also concludes that requiring USA Digital to transition to the new band plan would be inequitable, unduly burdensome and contrary to the public interest because it would be required to discontinue its existing service to customers ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 27.1231(g) of the Commission's Rules, 47 C.F.R. �� 1.925, 27.1231(g), that the Request for Waiver filed by Antilles Wireless, L.L.C. d/b/a/ USA Digital on November 16, 2006 IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. Federal Communications Commission Jane E. Jackson Associate Chief,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2168A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2168A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2168A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F � µ�
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2169A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2169A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2169A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 U b j � � ` � � � � � � � � � h3 h3 h3 h3 h3 h3 h3 h3 h3 ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh�
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2170A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2170A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2170A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � � .� � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F � �
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2171A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2171A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2171A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. CNI Waiver Request at 6. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h� V W d s � � 0� � � � � ) ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��''
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2172A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2172A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2172A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � $ U \ ] ^ j q | } � � � � `` � � � � � � � � � h�' h�' h3 h3 h3 h3 h3 h3
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2173A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2173A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2173A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 U b j � � ` � � � � � � � � � h3 h3 h3 h3 h3 h3 h3 h3 h3 ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh�
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2174A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2174A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2174A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. Although NCC refers to channel lessors in its proposed conditions, all of the spectrum referred to in its waiver request is licensed to NCC. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 3 4 A P ... ' � �
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2186A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2186A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2186A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 tm � � � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F m �
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2187A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2187A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2187A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � -� � � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F � � �-� �-�
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2188A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2188A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2188A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 = J R n x y " � � � � � � � � � h3 h3 h3 h3 h3 h3 h3 h3 h3 h3 h3 h3 ��PNG r v ��"r�9
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2189A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2189A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2189A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 (c) -(c) � � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F '' (c)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2192A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2192A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2192A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � tm � � � � hr ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� F � r
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2193A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2193A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2193A1.txt
  • the Commission by the Wireless Communications Association, International, the Catholic Television Network, and the National ITFS Association in October 2002. See generally A Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&O and FNPRM significantly altered that proposal. BRS/EBS R&O, 19 FCC Rcd 14165, 14199 � 77. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. �� 27.1230 et. seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ! & ' *' ) 7 : � � � h hr ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2315A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2315A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2315A1.txt
  • License. Tracy then filed a supplement to its Petition, in which it argued that its circumstances were similar to those of other licensees that had recently been granted waivers of the automatic cancellation provision of Section 1.2110(g)(4). On February 28, 2007, the Wireless Telecommunications Bureau (Bureau) granted Tracy's Petition seeking reconsideration of the ASAD Order. Given Tracy's showing under section 1.925 of the Commission's rules, including its full payment of its debt obligation, the Bureau concluded that Tracy had met the Commission's standard for a waiver of the automatic cancellation provision of Section 1.2110(g)(4)(iv) with respect to the License. In keeping with the Commission's statutory obligations, the Bureau concluded that the preservation of the PCS license assignment to Tracy provides the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2324A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2324A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2324A1.txt
  • direct mailings, billing inserts, and newspaper notices. At least 30 days before discontinuing analog service, Corr must either certify that the discontinuance of AMPS service will not result in any loss of wireless coverage throughout its Cellular Geographic Service Area (CGSA), or file revised CGSA information pursuant to Section 22.911. Accordingly, IT IS ORDERED that, pursuant to Sections 0.131, 0.331, 1.925(b)(3) and 22.901(b) of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.925(b)(3) and 22.901(b), the Request of Corr Wireless Communications, LLC for Waiver of Section 22.901(b) of the Commission's Rules, filed January 31, 2006, IS GRANTED, subject to the conditions enumerated above. FEDERAL COMMUNICATIONS COMMISSION Roger Noel Chief, Mobility Division Wireless Telecommunications Bureau 47 C.F.R. � 22.901(b). See Year 2000
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2343A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2343A1.pdf
  • to facilitate effective public safety communications. Our decision here is consistent with our prior Tuscarawas decision, in which we granted a waiver of the General Category freeze on our own motion under similar circumstances. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the request for waiver of the inter-category freeze filed by the County of Tompkins in association with FCC File Nos. 0002574431 and 0002574522 is DISMISSED as moot. It is FURTHER ORDERED that the request for waiver of the inter-category sharing freeze and the Wave 4, Stage 1 application freeze
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-248A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-248A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-248A1.txt
  • ``that should a carrier be unable to fulfill its construction requirements at the end of three years, it may seek a waiver from the relevant Commission rule.'' DISCUSSION As described in more detail below, we find that the unique circumstances described by Ronan warrant a limited waiver of the TLBC construction requirement. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2597A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2597A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2597A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ( � � � � � ` � � � � DA 07-2597 Released: June 14, 2007 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUESTS FOR WAIVER TO PERMIT THE APPROVAL OF CLASS B AUTOMATIC IDENTIFICATION SYSTEM (AIS) DEVICES WT Docket No. 04-344 Comment Date: July 5, 2007 Reply Comment Date: July 16, 2007 Pursuant to Section 1.925(c) of the Commission's Rules, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the requests of ACR Electronics, Inc. and Software Radio Technology plc (SRT) to authorize Class B AIS transponders (collectively, the Requests). In a Further Notice of Proposed Rule Making in WT Docket No. 04-344, the Commission proposed rules to permit the authorization and use of Class B
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2664A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2664A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2664A1.txt
  • control, only part of the CDBS account data was updated.'' Owensville contends that it did not learn of its pending payment obligation until it was informally advised by a Commission staff member. Owensville notes that it promptly paid its final payment amount along with a late fee. Owensville concludes that it has ``successfully met the requirements of 47 C.F.R. [section] 1.925,'' but provides no additional explanation of how it meets the requirements of that legal standard for waiver of the Commission's rules. To obtain a waiver of Section 1.2109(a), Owensville must show: (i) that the underlying purpose of the rule would not be served, or would be frustrated, by its application in this particular case, and that the grant of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2682A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2682A1.pdf
  • to a limited extension of the deadline by which it was required to achieve 95% penetration among its subscribers of location-capable handsets. We therefore grant Five Star's Petition, subject to the conditions and reporting requirements described herein. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Petition for Temporary Waiver or Temporary Stay by Texas RSA 15B2 Limited Partnership d/b/a Five Star Wireless IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is December 31, 2007.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2791A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2791A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2791A1.txt
  • billing inserts, and newspaper notices. At least 30 days before discontinuing analog service in any portion of its CGSA, CVW must either certify that the discontinuance of AMPS service will not result in any loss of wireless coverage throughout its CGSA, or file revised CGSA information pursuant to Section 22.911. Accordingly, IT IS ORDERED that, pursuant to Sections 0.131, 0.331, 1.925(b)(3) and 22.901(b) of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.925(b)(3) and 22.901(b), the Request of Copper Valley Wireless, Inc. for Limited Waiver of Section 22.901(b) of the Commission's Rules, filed February 1, 2007, IS GRANTED, subject to the conditions enumerated above. FEDERAL COMMUNICATIONS COMMISSION Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau 47 C.F.R. � 22.901(b). See
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2804A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2804A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2804A1.txt
  • of their Form 602. See The Tri-County Telephone Association, Inc., FCC Form 602, File No. 0003069888 (filed June 13, 2007); GreenFly LLC, Form 602, File No. 0003067744 (filed June 12, 2007); SKT, Inc., FCC Form 602, File No. 0003070377 (filed June 13, 2007). We hereby grant the waiver requests associated with these FCC Form 602s, pursuant to sections 0.331 and 1.925 of the Commission's Rules. 47 C.F.R. �� 0.331, 1.925. The Commission recently enhanced ULS to implement the electronic filing of pleadings. See Wireless Telecommunications Bureau Enhances the Commission's Universal Licensing System to Implement Electronic Filing for Pleadings, Public Notice, 21 FCC Rcd 424 (WTB 2006) (``ULS Pleadings Implementation PN''); see also FCC Announces New Filing Location for Paper Documents and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2805A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2805A1.pdf
  • future STA applications, Pennsylvania may request under the STA Public Notice waiver standard that the relief granted by this Order be extended to cover Sprint's payment for retuning of facilities covered by such applications. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the Request filed, by the Commonwealth of Pennsylvania in connection with the applications FCC File Nos. 0002944393; 0002943944; 0002944400; 00029464870; 0002965006; 0002965016; 0002965111; 0002965116 IS GRANTED to the extent discussed herein. IT IS FURTHER ORDERED, that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i),
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-281A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-281A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-281A1.txt
  • the actions of employees of nuclear power facilities. Given this representation, Telex would not be in a position to ensure that use of the equipment by these workers complied with radiated emissions limits at the boundary of the nuclear power facilities. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the petition for reconsideration filed by Telex Communications, Inc. on December 29, 2004 IS HEREBY DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau Petition for
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-282A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-282A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-282A1.txt
  • for some ``improved'' system performance. Given these interference concerns, we conclude that grant of a waiver authorizing use of the subject MDS equipment is not warranted under the circumstances presented and would undermine the Commission's emission mask requirements of Section 90.210(d). Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request filed by Microwave Data Systems, on June 3, 2004 IS HEREBY DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau See Request for
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-283A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-283A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-283A1.txt
  • air carrier verifying that it intends to use WUL's system and explaining why the carrier cannot license the operation for itself. On June 5, 2006, WUL submitted a letter from Delta Air Lines verifying that WUL is its radio service provider and stating that it wishes WUL to maintain the repeater because the mountain site is difficult to reach. Section 1.925(b)(3) of the Commission's Rules provides that the Commission may grant a request for waiver ``if it is shown that (i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) [i]n view of unique
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2846A5.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2846A5.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2846A5.txt
  • confidential treatment. Otherwise, the attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands waiver requests, see Section IV, ``Exhibit Y: Tribal Lands Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-286A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-286A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-286A1.txt
  • spectrum in remote mountains of the California Sierra Mountain range while also protecting MariTEL's use of the spectrum to the West.'' MariTEL and Havens also state that this Waiver Request presents no new legal or factual issues beyond those that the former Public Safety and Critical Infrastructure Division considered in approving their first waiver request in the Order. Discussion. Section 1.925(b)(3) of the Commission's Rules provides that the Commission may grant a request for waiver ``if it is shown that (i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) [i]n view of unique
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-290A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-290A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-290A1.txt
  • claims that WPV should list Sandra DePriest, the wife of Donald DePriest (DePriest), the controlling interest holder of WPV, in its Form 602. WPV responds that the rule NTELOS relies on is not applicable because WPV did not acquire its licenses through competitive bidding. In his Objection, Havens argues that Sprint Nextel's Waiver does not meet the requirements of Section 1.925 of the Commission's Rules. Havens also argues that WPV's controlling interest holder, DePriest, does not have the necessary character and fitness to be a Commission licensee. Havens cites pending petitions for reconsideration of orders denying his petitions challenging DePriest's character qualifications. In particular, Havens claims that DePriest and his wife Sandra DePriest concealed pertinent information for the purpose of improperly
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-295A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-295A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-295A1.txt
  • opposing the Waiver Request have shown that granting a waiver will have an impact on their ability to transition, the Bureau concludes that the benefits of allowing Digital TV One to maintain its operations outweigh any impact on other licensees. ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the ``Request for Waiver'' filed by WHTV Broadcasting Corp. d/b/a/ Digital TV One on September 30, 2005 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.939 and 27.55 of the Commission's Rules,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3094A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3094A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3094A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � � � DA 07-3094 July 10, 2007 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION OF PUERTO RICO TELEPHONE COMPANY, INC. FOR WAIVER OF THE analog service requirement WT Docket No. 07-140 Comments due July 31, 2007 Reply Comments due August 10, 2007 Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (``Bureau'') hereby seeks comment on the request of Puerto Rico Telephone Company, Inc. (PRTC), Call Sign KNKA384, for waiver of Section 22.901(b) of the Commission's rules. Section 22.901(b) requires cellular radiotelephone service licensees to provide analog service until February 18, 2008 (the ``analog sunset date'') to subscribers and roamers whose mobile equipment
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3130A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3130A1.pdf
  • of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. An applicant seeking a waiver faces a high hurdle and must plead with particularity the facts and circumstances that warrant a waiver. Based on the information before us, we conclude that Edgecombe has not satisfied the requirements in Section 1.925 for grant of a waiver request. We find that the underlying purpose of the TIS rules would not be frustrated by application of the rules to the present case; in fact, application of the rules serves the very purpose of the rule, that ``intended programming on Travelers Information Stations would normally consist of . . . specific information pertinent only
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3138A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3138A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3138A1.txt
  • request for waiver because granting a waiver would be inconsistent with the underlying purpose of the policy announced in the Two-Way Second Reconsideration Order and would be unfair to the adjacent co-channel licensee. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925 that the Petition for Reconsideration or Alternatively Waiver Request of Florida Atlantic University of Florida Atlantic University filed on January 3, 2007 IS DISMISSED IN PART and IS DENIED IN PART. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. ��
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-314A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-314A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-314A1.txt
  • end of the two-quarter grace period was therefore September 3. 47 C.F.R. 1.2110(g)(4)(iv). Letters to Virginia Communications, Inc., from Mark Reger, Chief Financial Officer, Office of Managing Director, Federal Communications Commission, dated February 14, 2003 (citing 47 C.F.R �1.2110 (g)(4)(iv)). A separate letter was sent for each of the Licenses. See supra note 3. See supra note 2. 47 C.F.R. �1.925. Waiver Request at 1-2. Id. at 1. Id. at 2. Supplemental Memorandum at 1-2 (citing Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, Notice of Proposed Rulemaking and Memorandum Opinion and Order, 18
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-315A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-315A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-315A1.txt
  • Letter''). As explained below, this letter offers other supplementary arguments in support of the Requests. Oneida is not a party to this proceeding, and Ms. Farquhar does not indicate that she is acting as counsel to TVCN. However, because the letter states that it is filed ``on behalf of'' TVCN, we will consider the arguments made therein. 47 C.F.R. � 1.925. Letter Request of March 13, 2006. Id. E-mail Request of May 26, 2006. Letter Request of March 13, 2006. Id. 47 U.S.C. �� 309 (j)(3)(A) & (D). See also H.R. Rep. No. 103-111, at 253 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 580 (finding that ``a carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-316A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-316A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-316A1.txt
  • that becomes more than one-hundred eighty (180) days delinquent on an installment payment shall be in default, and the license shall automatically cancel without further action by the Commission. In that event, the debt shall be transferred to the Department of Treasury for collection subject to the Debt Collection Improvement Act of 1996''). 47 C.F.R. � 1.2110(g)(4)(iv) (2002). 47 C.F.R. �1.925. See Request. Id. Id. Id. 47 U.S.C. �� 309 (j)(3)(A) & (D). See also H.R. Rep. No. 103-111, at 253 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 580 (finding that ``a carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery of services, promote efficient and intensive use of the electromagnetic spectrum, prevent unjust enrichment, and produce
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-323A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-323A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-323A1.txt
  • control or assignment of those licenses to non-eligible entities, and the unjust enrichment payment requirements of section 1.2111, for the period of the extension, or until Airwave has satisfied the five-year construction requirement for those licenses. ORDERING clause Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, that the request for waiver of the construction requirements for broadband PCS licenses filed by Airwave Wireless, L.L.C. on June 9, 2004, and amended on June 18, 2004, June 17, 2005, and amended again on July 29, 2005, IS HEREBY GRANTED to the extent described herein. IT IS FURTHER ORDERED, pursuant
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3382A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3382A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3382A1.txt
  • not acknowledge these interoperability issues in its petition. While Icom criticizes the special Commission waiver process authorized under Section 337(c) of Communications Act as ``time consuming and overly burdensome,'' this process is a valuable mechanism for PS entities to acquire unassigned non-PSRS spectrum. In addition to the Section 337 process, PS entities can also seek a conventional waiver under Section 1.925 of rules. PS entities can also obtain 150 MHz band spectrum licensed to others through either partitioning and/or disaggregation or by lease in the secondary market. We also note that after Icom had filed its petition the Commission amended Part 22 of the rules by removing a requirement that PS entities obtain a waiver to be eligible to hold Part
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-338A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-338A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-338A1.txt
  • scheduled oral argument in FCC v. NextWave Personal Communications Inc. (``NextWave''), which concerned the intersection of bankruptcy law and the Communications Act, for the fall of 2002. Oral argument was held on October 8, 2002. The case was decided in 2003. 537 U.S. 293 (2003). Request at 8-12 (citing 47 U.S.C. �� 309(j)(6) & 312). Request at 7-12. 47 C.F.R. �1.925. 47 U.S.C. �� 309 (j)(3)(A) & (D). See also H.R. Rep. No. 103-111, at 253 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 580 (finding that ``a carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery of services, promote efficient and intensive use of the electromagnetic spectrum, prevent unjust enrichment, and produce revenues to compensate the public
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3490A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3490A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3490A1.txt
  • ``may be granted if the licensee shows that failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control.'' The rule prohibits granting extensions based on a failure to obtain financing, failure to obtain an antenna site, failure to order equipment, or because of a transfer of control of the licensee. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-362A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-362A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-362A1.txt
  • provide valuable test data to the aviation community and present no increased risk of interference to aircraft receivers in the ramp vicinity. On May 2, 2006, the Wireless Telecommunications Bureau sought comments on ADS's request for waiver. Comments were filed by Boeing Company (Boeing) and Aviation Spectrum Resources, Inc. (ASRI). ADS filed reply comments to ASRI's comments. III. DISCUSSION Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3719A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3719A1.pdf
  • (3) the status of its coordination efforts with PSAPs for alternative 95% handset penetration dates; (4) its efforts to encourage customers to upgrade to location-capable handsets; and (5) the percentage of its customers with location-capable phones. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Request for Waiver of the 95% Location Capable Handset Penetration Requirement filed by Sagebrush Cellular, Inc. and Triangle Communication System, Inc. IS GRANTED, nunc pro tunc, subject to the reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is June 28, 2007. IT IS FURTHER ORDERED, pursuant
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3807A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3807A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3807A1.txt
  • a four-year period, rather than in a single year as required by the rules. For the reasons stated below, we grant the Waiver Request. Pursuant to section 22.946, licensees must place base stations in operation within one year of receiving authorization, unless the Commission grants an extension or waives the construction requirements. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3834A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3834A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3834A1.txt
  • 2007 deadline and even if Columbia were aware of this, construction of Columbia's own facilities was not in its business plan and would not have been economically feasible. Columbia states that it has been disadvantaged and that the circumstances involving its lack of construction ``are unique and could not have reasonably foreseen.'' A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4502A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4502A1.pdf
  • Thus, these frequencies would be of little or no utility to other public safety entities seeking to serve the island or the adjacent mainland, because any such entity they would have to protect Nantucket's existing operations. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Waiver Request filed by the Town of Nantucket, Massachusetts with respect to application FCC File No. 0003161195 IS GRANTED as noted herein. IT IS FURTHER ORDERED that the Policy Division of the Public Safety and Homeland Security Bureau SHALL PROCESS application FCC File No. 0003161195 in accordance with this Order
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-453A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-453A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-453A1.txt
  • to take whatever actions are necessary to meet its obligations under our rules and prevent a recurrence of its failure to timely file and diligently prosecute its renewal application. ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the petition for reconsideration submitted by Hussein Assalinabati d/b/a West Coast Cab Company and White & Yellow Cab on January 17, 2006, is GRANTED, and application FCC File No. 0002271629 SHALL BE REINSTATED and PROCESSED consistent with this Order on Reconsideration and the Commission's Rules. This action is taken under delegated
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-454A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-454A1.pdf
  • of NCR's system ultimately still will be subject to the rules adopted in the pending 700 MHz proceedings. This waiver ensures, however, that they are able to pursue a license and commence operations without further delay. ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the Request for Waiver filed by the National Capital Region on May 12, 2006, and amended on July 3, 2006, IS GRANTED SUBJECT TO THE CONDITIONS referenced herein. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-455A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-455A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-455A1.txt
  • must serve a ``[q]ualifying tribal land'' with ``a wireline telephone subscription rate equal to or less than eighty-five (85) percent.'' St. Regis has a wireline penetration rate of 100 percent. On November 30, 2004, the Division denied Westelcom's request to waive the requirements of section 1.2110(f)(3)(i). The Division found that Westelcom had failed to meet the waiver standard under section 1.925 of the Commission's rules, in that it had not shown (1) how the underlying purpose of the rule would not be served or would be frustrated in this case, or (2) unique or unusual circumstances, such that application of the rule would be inequitable, unduly burdensome, or contrary to the public interest, leaving it with no reasonable alternative. The Division
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4575A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4575A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4575A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-4575 November 9, 2007 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION OF MDS OPERATIONS, INC. FOR WAIVER OF MULTICHANNEL VIDEO DISTRIBUTION AND DATA SERVICE TECHNICAL RULES WT Docket No. 07-255 Comments due: December 19, 2007 Reply Comments due: January 18, 2008 Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (``Bureau'') hereby seeks comment on the request of MDS Operations, Inc. (MDS Operations), for waiver of Sections 101.105(a)(4), 101.147(p), and 101.1440 of the Commission's rules. These rules, which set power limits for stations in the Multichannel Video Distribution and Data Service (MVDDS) at 12.2-12.7 GHz, limit Effective Isotropic Radiated Power (EIRP) levels
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4640A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4640A1.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of COUNTY OF WESTCHESTER, NEW YORK Request For Waiver Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules, to Allow Public Safety Communications on Frequencies Allocated Under Part 22 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) File No. 0003004004 Order Adopted: November 15, 2007 Released: November 15, 2007 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The County of Westchester, New York
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-471A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-471A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-471A1.txt
  • FCC File No. 0002054479, in pending status for 90 days from the release date of this Order or until such time as SVRTV amends its renewal application to reflect compliance with our rules, specifically Section 95.833(b). Ordering Clause Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and Sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, that Sioux Valley Rural Television, Inc.'s request for waiver of the ten-year construction deadline for its 218-219 MHz Service license, FCC File No. 0002054437, filed on February 22, 2005, is GRANTED, and that the construction deadline is hereby extended for 90 days from the release date of this grant. FEDERAL COMMUNICATIONS
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-473A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-473A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-473A1.txt
  • Nos. 0002013615 and 0002013616, in pending status for 90 days from the release date of this Order or until such time as W&E amends its renewal applications to reflect compliance with our rules, specifically Section 95.833(b). Ordering Clause Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and Sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, that W&E Interactive TV L.C.'s requests for waiver of the ten-year construction deadline for its 218-219 MHz Service licenses, FCC File Nos. 0002054683 and 0002054684, filed on February 23, 2005, are GRANTED, and that the construction deadline is hereby extended for 90 days from the release date of this grant. FEDERAL
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-474A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-474A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-474A1.txt
  • a licensee to ``be providing service to customers or students.'' Based upon the record, BSA has not substantiated that provided service or for how long. We conclude that BSA's construction, expenditures, and overall record are insufficient to demonstrate compliance with its substantial service obligations. Waiver Request. We also reject BSA's request for waiver of its substantial service requirement. Under section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-476A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-476A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-476A1.txt
  • to take control of Vitech, because it was affiliated with individuals named in a complaint for securities fraud brought by the Securities and Exchange Commission (SEC). On January 18, 2005, the same day as the license renewal and construction deadline for six of the licenses, the Receiver filed the instant request for waiver or extension of time. discussion Under section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-477A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-477A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-477A1.txt
  • that a bank error has precluded access to funds that were to be used to meet its construction obligations. On February 28, 2005, US Telemetry filed the instant applications for renewal and requests a waiver of the substantial service construction requirement, or in the alternative, a six-month extension of time to demonstrate that it is providing substantial service. Under section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-479A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-479A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-479A1.txt
  • within five and ten years of initial license grant, respectively. Under Sections 1.946(c) and 1.955(a)(2) of the Commission's rules, an M-LMS license will terminate automatically as of the construction deadline if the licensee fails to meet the construction requirement, unless it obtains an extension of time to construct under Section 1.946(e), or a waiver of the construction requirement under Section 1.925. In 2003, Havens requested more time to meet the 5-year construction requirement. The Division granted Havens three additional years to meet the 5-year requirement, and subsequently granted FCR and Progeny similar relief. In March 2006, the Commission commenced a rulemaking regarding possible refinements of the M-LMS rules, which is pending. When the Commission adopted LMS rules in 1995, it expected
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-482A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-482A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-482A1.txt
  • 6-7. Burlington Petition at 7-9; Rutland Petition at 7-9. In the BRS Report and Order, adopted in June 2004, the Commission eliminated Part 21 of its rules and consolidated its rules for BRS in Part 27. BRS Report and Order, 19 FCC Rcd at 14,236-38 24 �� 186-90. Requests for BRS rule waivers are now governed by 47 C.F.R. � 1.925, which is substantially similar to the former Section 21.19. Burlington Petition at 9-11; Rutland Petition at 10-11. As noted above, in its BRS Report and Order the Commission eliminated Part 21 of its rules and consolidated its rules for BRS in Part 27. BRS Report and Order, 19 FCC Rcd at 14,236-38 24 �� 186-90. See supra note 33. Pursuant
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4879A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4879A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4879A1.txt
  • free to continue to use a lower field strength than the limit in the rule. We therefore conclude that no Commission action memorializing the agreement between NUSCO and ACL is appropriate. Consequently, we deny the waiver request. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver filed by Northeast Utilities Service Company and AMTS Consortium LLC on June 8, 2007 IS DENIED, and applications FCC File Nos. 0003064076 and 0003064601 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to Sections 0.131 and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4918A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4918A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4918A1.txt
  • Pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission's rules, Placer's licenses will terminate automatically as of the construction deadline if Placer fails to meet the requirements of section 22.503(k)(2), unless the Commission grants an extension or waives the construction requirements. The construction deadline for the ten licenses was July 30, 2007. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5008A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5008A1.pdf
  • as amended, 47 U.S.C. � 337(c), to use, for public safety communications purposes, two frequencies in the television (TV) Channel 19 Band (500-506 MHz) and two frequencies allocated for Part 22 trunked mobile operations. Specifically, Baldwin seeks frequencies 502.525, 505.525, 479.0625, and 479.1625 MHz. In the alternative to Section 337(c) of the Act, Baldwin requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. On May 25, 2007, the Commission granted Baldwin Special Temporary Authority (STA) to permit secondary operation on frequency pair 502/505.525 MHz under Call Sign WQGY612. On September 27, 2007, the Commission granted Baldwin's request to add frequencies 479.0625 and 479.1625 MHz to the STA. TV Channel 19 is allocated to private land
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5079A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5079A1.pdf
  • an explanation of why Leaco has chosen the compliance efforts it has chosen. We emphasize that irrespective of the relief we grant in this Order, we fully expect Leaco to achieve compliance as quickly as possible. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Petition for Extension of Waiver filed by Leaco Rural Telephone Cooperative, Inc. IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is March 12, 2008. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5094A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5094A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5094A1.txt
  • text/plain Content-Transfer-Encoding: 8bit � � � � � � : n � � � DA 07-5094 Released: December 26, 2007 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON RONAN TELEPHONE COMPANY REQUEST FOR TWO ADDITIONAL YEARS TO MEET TRIBAL LANDS BIDDING CREDIT CONSTRUCTION REQUIREMENT WT Docket No. 06-231 Comments due: January 10, 2008. Reply Comments due: January 17, 2008. Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the Request of Ronan Telephone Company (Ronan) for two additional years to meet the tribal lands bidding credit (TLBC) construction requirement for the Blackfeet Indian Reservation located in Montana (Request). On January 29, 2004, the Commission granted Ronan the Lower 700 MHz Band C Block license for
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5101A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5101A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5101A1.txt
  • 20, 2007, seeking the same relief that was granted to ATC, GSI and Optasite. Crown Castle asserts in its petition that the Crown Monitoring Systems are similar in quality and robustness to the systems employed by ATC (Eagle) and GSI (Hark). Crown Castle attaches to its petition exhibits describing relevant features of the Crown Monitoring Systems in detail. DISCUSSION Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5103A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5103A1.pdf
  • and include a request for a temporary, limited waiver of Sections 90.527(a)(3) and (6), and any other relevant rules for which the region requires a waiver, explaining that the region will supplement its January 31, 2008, submission as soon as possible after the necessary CAPRAD updates are completed. Such waivers must comport with the Commission's general waiver standards under Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, and must be adequately supported. RPC Plan Amendment Review. A region may electronically poll its RPC membership for review and approval of a proposed amendment. Regions may hold online RPC meetings if they so choose. Once region approval is obtained, the RPC Chair should immediately circulate the region-approved amendment to its adjacent
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5108A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5108A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5108A1.txt
  • Rules, Order on Reconsideration, 16 FCC Rcd 5022, 5028 � 18 (2001) (citing 800 Data Base Access Tariffs and the 800 Service Management System Tariff and Provision of 800 Services, Order on Reconsideration, 12 FCC Rcd 5188, 5202 n.84 (1997) (citing D.W.S., Inc., Memorandum Opinion and Order, 11 FCC Rcd 2933 � 4 (1996))). 47 C.F.R. �� 21.19 (1998) and 1.925. 47 U.S.C. �� 309 (j)(3)(A) & (D). See also H.R. Rep. No. 103-111, at 253 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 580 (finding that ``a carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery of services, promote efficient and intensive use of the electromagnetic spectrum, prevent unjust enrichment, and produce revenues to compensate the public
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-594A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-594A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-594A1.txt
  • to operate on C Block of broadband PCS in BTA146). See ULS File No. 0001835558 (application to cancel STA call sign WPYF50), filed August 10, 2004. See ULS File No. 0001899855 (application to cancel STA call sign WPYF502), filed September 18, 2006. Petition at 2. Id. at 5-6. Id. at 7-10. Id. at 10-11. Id. at 11-12. 47 C.F.R. � 1.925. See 47 U.S.C. � 309(j)(3). Competitive Bidding Second Report and Order, 9 FCC Rcd at 2360-61, � 70. The Commission assigns licenses based on license applicants' competing bids. Each of those bids presumably reflects the estimated value of the prospective service to the public and the applicant's effectiveness in providing it. See id., 9 FCC Rcd at 2360-61, � 70
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-597A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-597A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-597A1.txt
  • 1 Reconsideration of Third Report and Order, 15 FCC Rcd at 15315-16 � 39 (2000); 47 C.F.R. � 1.1914(a) (1998); 4 C.F.R. � 102.11 (1998). Petition at 5. Id. at 3. Id. at 4, citing WAIT Radio, Morris Communications, Inc. v. FCC (D.C. Circuit Judgment entered April 17, 2002). Petition at 6, citing 47 USC � 309(j)(7)(b). 47 C.F.R. � 1.925. Petition at 5. Id. Id. 47 U.S.C. �� 309 (j)(3)(A) & (D). See also H.R. Rep. No. 103-111, at 253 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 580 (finding that ``a carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery of services, promote efficient and intensive use of the electromagnetic spectrum, prevent unjust enrichment, and produce
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-608A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-608A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-608A1.txt
  • (in connection with a merger, stations assigned to an ``insulated divestiture trust,'' as Clear Channel had not yet secured third-party buyers acceptable to the U.S. Department of Justice; non-attribution of broadcast stations allowed because the licenses were held by the trustee and operation was properly insulated from the grantors and beneficiaries). 47 C.F.R. � 73.3555(a)(1). Id. � 1.2105(b)(2). Id. � 1.925. Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, Report and Order, 14 FCC Rcd 12559, 12560 (1999). See KMAJ Trust Agreement and KCHZ Trust Agreement (``Trust Agreements''), �� 2(a), (b), 5(e). Id. �� 5(a)(ii)-(v). Id. � 5(a)(i). See supra note 4. See ``Auction of FM Broadcast Construction Permits Scheduled for March 7, 2007: Notice and Filing
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-659A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-659A1.pdf
  • and extend the date by which SouthernLINC must achieve 95% penetration to November 12, 2007. We further impose the conditions and reporting requirements described herein to ensure that SouthernLINC achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by Southern Communications Services, Inc. d/b/a SouthernLINC Wireless IS GRANTED IN PART, subject to the conditions and reporting requirements specified
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-674A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-674A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-674A1.txt
  • of the Commission's Competitive Bidding Rules and Procedures, Second Report and Order, 21 FCC Rcd 4753 (2006). Licensees may, under section 1.946(e) of our rules, request an extension of time to meet the applicable construction requirements. 47 C.F.R. � 1.946(e). Additionally, licensees may also request a waiver of the construction requirement, and this request must meet the requirements of section 1.925 of our rules. 47 C.F.R � 1.925. We note that we will undertake careful scrutiny of requests for extension of the construction requirements filed by designated entities consistent with our rules, obligations under the Communications Act, and legal precedent, and that we will consider, as part of our review, whether the extension request is an effort to defeat the objectives
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-680A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-680A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-680A1.txt
  • on May 4, 2006. Specifically, attached to your application is a letter from Mr. Kostenbauder requesting that his former call sign be reassigned to you, even though he is not yet deceased. Under the circumstances presented, allowing the call sign W2AWX to be reassigned prior to two years following cancellation or surrender would require a waiver of Section 97.19(c)(2). Section 1.925(b)(3) of the Commission's Rules provides that we may grant a waiver when (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case and grant of the requested waiver would be in the public interest, or (ii) in view of unique or unusual circumstances of the case, application of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-681A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-681A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-681A1.txt
  • television stations are required to protect land mobile operations within this eighty-mile area. In addition, Laidlaw does not explain why it cannot use a channel in a band not subject to the fifty-mile limitation. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Waiver filed on June 6, 2006 by Laidlaw Transit Inc. IS DENIED, and application FCC File No. 0002640796 SHALL BE DISMISSED in accordance with this Order. 7. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-6A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-6A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-6A1.txt
  • the Rebanding Report and Order, if your newly-assigned channels cannot be activated without interference to other systems, then the six month extension is measured from the date band reconfiguration is completed in the relevant NPSPAC Region(s) associated with WPQR979. This action is taken under delegated authority pursuant to section 4(i) of the Communications Act, as amended, and sections 0.331 and 1.925 of the Commission's rules. Sincerely, Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau 47 C.F.R. � 90.685. See File No. 0002415919. Williamson filed amendments on April 3, 2006 (April Amendment); August 31, 2006 (August Amendment); and November 20, 2006 (November Amendment) to provide additional information. In addition, Williamson submitted an earlier extension request on November 30, 2005 that
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-732A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-732A1.pdf
  • find that Kinnelon has no reasonable alternative available to satisfy the public safety communications needs of the Borough and its need for interoperability with surrounding jurisdictions. Accordingly, we are granting the rule waivers that Kinnelon requests. Ordering ClauseS Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the request for waiver of Sections 90.307(d) and 90.311(a)(2) of the Commission's rules filed by the Borough of Kinnelon in conjunction with application FCC File No. 0002865892 IS GRANTED. IT IS FURTHER ORDERED that application FCC File No. 0002865892 SHALL BE PROCESSED consistent with this Order and the Commission's rules. This action
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-735A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-735A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-735A1.txt
  • rule. We conclude that to grant a waiver in this case would undermine the rule's purposes of preventing financially unqualified entities from unfairly acquiring licenses and deterring insincere bidding in the future. ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that Silver Palm Communications, Inc.'s Petition for Reconsideration of Notice of Interim Default Payment Obligations for Auction No. 34, dated July 23, 2004, is DENIED. IT IS FURTHER ORDERED that Silver Palm Communications, Inc.'s outstanding debt for the interim default payment is due in full. If Silver Palm Communications, Inc., fails to
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-783A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-783A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-783A1.txt
  • limited to (now virtually moribund) service at public coast stations or ship stations (or both), where other relevant experience is shown.'' You seek credit for yourself for your radiotelegraph operating experience in the military and the Amateur Radio Service, including participation in the Military Affiliate Radio System, in lieu of experience at a public coast station or ship station. Section 1.925(b)(3) of the Commission's Rules provides that the Commission may grant a request for waiver ``if it is shown that (i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) [i]n view of unique
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-816A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-816A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-816A1.txt
  • public interest, or the applicant has no reasonable alternative. Shortly after Futronics filed its Petition against the instant Midport Request, the Public Safety and Critical Infrastructure Division (PSCID or Division) adopted an Order granting Midport's First Request (Midport Waiver Order) based on a determination that Midport had demonstrated that waiver relief was warranted under the first prong of the Section 1.925 waiver standard. As Futronics concedes in the Petition, the instant Request is identical to Midport's First Request, except for the frequencies in question, and raises precisely the same issues. We therefore conclude that the instant Request should be granted for the same reasons that the First Request was granted. In the Midport Waiver Order, the Division found that it was
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-847A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-847A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-847A1.txt
  • the subject frequencies without Commission authorization during periods after the expiration of the license for Station WPIF405 when Cam Jo did not have an STA, our decision is without prejudice to any Enforcement Bureau action. Accordingly, IT IS ORDERED, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Cam Jo, Inc., DBA Clearwater Yellow Cab Pascot & Tarpon Springs, on August 8, 2006, and amended September 5, 2006, with FCC File No. 0002706334 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-899A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-899A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-899A1.txt
  • of the Settlement Agreement renders all three applications for IOA moot. We therefore dismiss the three applications as well as McElroy's and Commnet's joint petition to deny and Alltel's opposition as moot. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 0.331, 1.925 and 1.935 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, 1.935, the Joint Request for Waiver, Approval of Settlement Agreement, Dismissal of Pleadings and Certain Applications, and Grant of Application filed by Alltel Communications of the Southwest Limited Partnership, Commnet Wireless, LLC, McElroy Electronics Corporation, Smith Bagley, Inc., and WWC License, L.L.C. on February 8, 2007, is GRANTED. IT
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-915A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-915A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-915A1.txt
  • therefore conclude that a nunc pro tunc waiver of the automatic cancellation provision of Section 1.2110(g)(iv) with respect to the License serves the public interest. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to the authority granted in Sections 4(i) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 309(j), and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106 and 1.925, the Petition for Reconsideration filed by Tracy Corporation II on December 3, 2004, is GRANTED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Fred B. Campbell, Jr. Chief, Wireless Telecommunications Bureau Tracy Corporation
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-939A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-939A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-939A1.txt
  • (``Delta Radio''). Waiver Request at 1. In addition to the Application for Review and the Petition for Reconsideration, the Bureau dismissed all related filings (the filings of Telesaurus are collectively identified as the ``Telesaurus Pleadings''). ``Wireless Telecommunications Bureau Mobility Division Approves Withdrawal of Application for Review and Petition for Reconsideration,'' Public Notice, 19 FCC Rcd 390 (2004). 47 C.F.R. � 1.925. Waiver Request at 3. Id. at 4. As discussed more fully below, on November 14, 2002, based on the specific circumstances related to Auction No. 35, the Commission allowed certain winning bidders in that auction to request dismissal of their long-form applications and refund of their associated down payments. Waiver Request at 8. Id. at 10. 47 U.S.C. �� 309
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-948A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-948A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-948A1.txt
  • waiver of the intercategory sharing freeze, American Electric must seek a waiver of the eligibility requirements in Section 90.617(d) of the Commission's Rules in order to operate on the SMR frequency. Ordering clauses For the reasons discussed herein, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, American Electric Power Service Corporation's request for waiver of the intercategory sharing freeze on December 14, 2005, IS GRANTED with respect to frequencies 858.2625 MHz, 858.7375 MHz, and 859.7375 MHz, and DENIED with respect to frequency 860.7375 MHz; and application FCC File No. 0002407970 SHALL BE PROCESSED in accordance with this Memorandum
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-952A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-952A1.pdf
  • #2 (Call Sign WQCR563), we also direct Arlington to submit Station Call Sign WQBY206 for cancellation within ten days of the release date of this Order. IV. CONCLUSION In consideration of the facts before us and subject to the conditions herein, we grant the waiver request because Arlington has demonstrated that a waiver of Section 90.242(b)(4)(iv) is warranted under Section 1.925 of the Commission's rules. We also find that grant of the instant waiver request serves the public interest because it ensures that broadcast stations are protected, while providing Arlington the ability to provide pertinent information to the traveling public. V. ORDERING CLAUSEs Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-100A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-100A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-100A1.txt
  • Second Report and Order''), recon. pending. Auction 73/76 Procedures Public Notice, 22 FCC Rcd at 18,146 � 7; see also id. at 18,212-13 �� 271, 275, 276 (providing for possible re-auction of D Block in Auction 76); 700 MHz Second Report and Order at � 314. 7 700 MHz Second Report and Order at � 316. 8 47 C.F.R. � 1.925. 17 [REDACTED] 18 [REDACTED] 23 See, e.g., In the Matter of First Auction of Interactive Video and Data Service (IVDS) Licenses: Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1,134 (1996) (Commission decision affirming denial of waiver of short-form filing deadline and emphasizing importance of strictly enforcing deadlines), affirming In the Matter of First Auction
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-123A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-123A1.pdf
  • Transit limited waiver relief of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Pierce Transit is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the Petition and associated public record. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-124A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-124A1.pdf
  • Motorola). See id. at Attachment D (Letter to Kenneth Moran, Acting Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission, from Richard O'Herron, STARCOM21 System Manager, Motorola (dated Nov. 6, 2006)). Waiver Request at 5. 47 C.F.R. � 90.523. 47 U.S.C. � 337(f)(1). 47 C.F.R. � 90.523(b) 47 C.F.R. � 90.523; 47 U.S.C. �� 337(a), (f)(1). 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (D.C. Cir. 1972), cert. denied, 409 U.S. 1027 (1972) (citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968)); Birach Broadcasting Corporation, Memorandum Opinion and Order, 18 FCC Rcd 1414, 1415 � 6 (2003). See Douglas,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-125A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-125A1.pdf
  • and Homeland Security Bureau seeks comment on fifty-seven applications filed on April 5, 6, and 9, 2007, and an associated waiver request filed by the County of Los Angeles, California (the County). The County seeks a waiver of Sections 90.303 and 90.305, and Part 73 of the Commissions rules, 47 C.F.R. �� 90.303 and 90.305, Part 73, pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, to use all frequencies in the television (TV) channel 15 band (476-482 MHz) for public safety communications. On November 6 and 7, 2007 and January 2, 2008, the County attached to its applications an amended waiver request dated October 17, 2007 with a showing pursuant to Section 337(c) of the Communications Act
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1291A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1291A1.pdf
  • FCC Rcd 3352 (2008) (``February 2008 Inductive Coupling Compatibility Waiver Order''). Id. at 3363-64. See also Farmers Cellular September 18, 2006 Report at 3. See Farmers Cellular June 12, 2007 Report at 2, 5. See Farmers Cellular March 27, 2007 Report at 1. February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3364. See also 47 C.F.R. � 1.925(b)(3). February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3365. Id. Id. at 3357. Id. at 3365. Id., citing 47 U.S.C. � 610(a) (directing Commission to ``ensure reasonable access to telephone service by persons with impaired hearing''). On March 27, 2008, Farmers Cellular filed a petition for reconsideration of the February 2008 Inductive Coupling Compatibility Waiver Order. On
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1312A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1312A1.pdf
  • filed on September 6, 2007 by Howard County, Maryland (Howard County). Howard County seeks Commission approval to modify its existing Travelers' Information Station (TIS) license located at Clarkesville Fire Station under Call Sign WQCR505 to include two additional TIS sites. In connection with this application, Howard County also requests waiver of Section 90.242(b)(4)(iv) of the Commission's rules, pursuant to Section 1.925, 47 C.F.R. � 1.925. Howard County states that it has over 270,000 residents and is located between Baltimore, MD and Washington, D.C. According to Howard County, it originally planned to provide coverage for key travel areas throughout most of the county using eight TIS sites. However, Howard County states that, because testing of its antenna system at the Clarksville Fire
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1332A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1332A1.pdf
  • is warranted. IV. CONCLUSION Based on the record before us, we find that the City has satisfied the requirements to obtain a waiver of Section 90.311(a)(2). We therefore grant the City's request for waiver. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the requests for waiver associated with the applications, FCC File Nos. 0003096479 and 0003096484, filed by the City of Los Angeles, California on July 3, 2007, ARE GRANTED, and SHALL BE PROCESSED, consistent with this Order and the Commission's rules. This action is taken under delegated authority pursuant to Sections 0.191 and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1355A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1355A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1355A1.txt
  • Special Temporary Authority to continue operating on the Licenses, filed on behalf of Comtec Communications, Inc., d/b/a SkyTrackers, Inc., on August 12, 2003, is GRANTED subject to the terms and conditions set forth herein. This action is taken pursuant to sections 4(i) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 309(j), and sections 1.925 and 1.2110(g)(4) of the Commission's rules, 47 C.F.R. �� 1.925 and 1.2110(g)(4), under authority delegated pursuant to section 0.331 of the Commission's rules, 47 C.F.R. � 0.331. FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Deputy Chief, Wireless Telecommunications Bureau Letter from Bonnie K. Arthur, Esq., to John Muleta, Chief, Wireless Telecommunications Bureau, and Marlene H. Dortch, Secretary, Federal Communications Commission, filed
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1356A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1356A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1356A1.txt
  • Commission's rules); Liability of Pacific Broadcasting Corp., Licensee of Television Broadcast Translator Stations K06HO, K06HA, K07HQ, and K13HV, Merizo, Guam for Forfeiture, Memorandum Opinion and Order, 47 F.C.C.2d 818 (Brdcst. Bur. 1974) (holding that licensees must accept the penalty for not following Commission rules, whether or not they are warned of the consequences for failure to comply). 47 C.F.R. � 1.925. Petition at 2-3. 47 U.S.C. �� 309 (j)(3)(A), (D). See also H.R. Rep. No. 103-111, at 253 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 580 (finding that ``a carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery of services, promote efficient and intensive use of the electromagnetic spectrum, prevent unjust enrichment, and produce revenues to compensate
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1423A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1423A1.pdf
  • with six other petitions for reconsideration, on public notice and established a pleading cycle for comments and reply comments. See Wireless Telecommunications Bureau Seeks Comment on Petitions for Reconsideration Filed in Hearing Aid Compatibility Docket, Public Notice, DA 08-1087 (rel. May 7, 2008). February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3364. See also 47 C.F.R. � 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at 3365. See id. at 3365. Id. at 3357. Id., citing 47 U.S.C. � 610(a) (directing Commission to ``ensure reasonable access to telephone service by persons with impaired hearing''). Blanca June 21, 2007 Report at 2. Section 312(f)(1) of the Act defines ``willful'' as ``the conscious and deliberate commission
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1424A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1424A1.pdf
  • hearing aid compatibility requirements for wireless digital telephones. The Commission found that Centennial did not meet the requirements to justify a waiver under the rules. Specifically, the Commission stated that Centennial, unlike other Tier II carriers, failed to demonstrate unique or unusual circumstances, or the existence of any other factor, warranting grant of the requested waiver pursuant to the Section 1.925(b)(3) standard. Further, the Commission noted that Centennial cited factors, such as lack of availability and amount of time required to test handsets, that affected all carriers and do not form an adequate basis on which to afford Centennial special relief. Finally, the Commission found that Centennial did not demonstrate diligence in its efforts to comply with the hearing aid compatibility
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1427A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1427A1.pdf
  • supplemental waiver request that meets these criteria, the interim relief granted by this order will extend until the Bureau acts on the request. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 6
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1428A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1428A1.pdf
  • licensees in the region have completed rebanding of their own systems, provided that they notify the TA of such continued mutual aid operations. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 6 (Northern
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1429A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1429A1.pdf
  • supplemental waiver request that meets these criteria, the interim relief granted by this order will extend until the Bureau acts on the request. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 4
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1430A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1430A1.pdf
  • licensees in the region have completed rebanding of their own systems, provided that they notify the TA of such continued mutual aid operations. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 4 (Arkansas)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1431A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1431A1.pdf
  • timely waiver request that meets these criteria, the interim relief granted by this order will extend until the Bureau acts on the request. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 1
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1432A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1432A1.pdf
  • licensees in the region have completed rebanding of their own systems, provided that they notify the TA of such continued mutual aid operations. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 1 (Alabama)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1433A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1433A1.pdf
  • Therefore, we grant a waiver to Chandler pending establishment of a rebanding timetable for Mexican border region licensees, which will apply to Chandler. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 5
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1434A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1434A1.pdf
  • licensees in the region have completed rebanding of their own systems, provided that they notify the TA of such continued mutual aid operations. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Region 3 (Arizona)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1444A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1444A1.pdf
  • interference complaint, Sprint will strictly adhere to the Commission's mandated interference response timelines and requirements specified in Section 90.674 of the Commission's rules. Ordering clause Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the request for waiver of the June 26, 2008 deadline submitted by Sprint Nextel Corporation IS GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau See Improving Public Safety Communications in the 800 MHz Band, WT
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1448A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1448A1.pdf
  • instant Application and Waiver Request are part of twenty-nine applications filed by Wyoming to use certain frequencies governed under Parts 22, 80 and 90 of the Commission's rules as part of its proposed WyoLink system. See, e.g., File Nos. 0002947551, 0003029378. 47 C.F.R. �� 20.9(a)(6), 22.561, and 22.565(f). 47 U.S.C. � 337(c). Alternatively, Wyoming seeks a waiver pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. See Waiver Request at 3. See Amended Waiver Request at 1. Id. at 2. Id. Id. See id. Id. at 3. Id. at 5. Id. at 1. Id. at 5. Id. See id. at 4. See id. at 8. See id. at 4. See id. Id. at 5. Id. Id. at 1.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1449A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1449A1.pdf
  • the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), and Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition). Improving Public Safety Communications
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-145A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-145A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-145A1.txt
  • et al. ORDER Adopted: January 23, 2008 Released: January 23, 2008 By the Chief, Mobility Division, Wireless Telecommunications Bureau: InTRODUCTION In this Order, we address the waiver request by Jamestown Manufacturing Corporation (Jamestown) for an extension of time to construct 698 Economic Area (EA) 35 MHz-band Part 22 paging licenses (Waiver Request). Specifically, Jamestown requests a waiver, pursuant to section 1.925 of the Commission's rules, to complete construction by June 21, 2010. For the reasons stated below, we grant the Waiver Request. BACKGROUND Jamestown was the winning bidder of the 698 licenses that are the subject of this Waiver Request in Auction No. 40, which closed on December 5, 2001. Jamestown's licenses were granted on June 21, 2002 with a three-year
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1463A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1463A1.pdf
  • August 30, 2007, would be ineligible for relocation funding. On October 23, 2007, the State of New York (New York) filed a request for a limited waiver of the requirement that all new 700 MHz narrowband public safety operations must be deployed on the consolidated narrowband channels, effective August 30, 2007. Specifically, New York requests a waiver, pursuant to Section 1.925 of the Commission's rules, of the new 700 MHz public safety band plan, as applied to its statewide 700 MHz license, call sign WPTZ779, and limited to the U.S./Canadian border region within New York State so that New York can deploy and operate narrowband facilities within that border region in conformance with the current U.S./Canada coordination agreement governing the use
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-147A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-147A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-147A1.txt
  • January 7 and wired the money, which, [REDACTED] claims, was accepted by the Commission on January 7, 2008. [REDACTED] submitted the instant Waiver Request on January 17, 2008, nearly two weeks after the upfront payment deadline. In light of the public interest in predictable and consistent application of Commission rules and procedures, we deny [REDACTED] Waiver Request. Pursuant to Section 1.925, the Commission may grant a waiver of its rules if (i) it is shown that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual factual circumstances
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1531A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1531A1.pdf
  • NCR regional rebanding, and we encourage all NCR licensees to complete rebanding of the non-interoperable components of their systems more quickly if possible. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the request for waiver of the June 26, 2008 deadline submitted by Fairfax County on behalf of the National Capital Region licensees is GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau The NCR licensees are
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1532A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1532A1.pdf
  • that allowing TARS to continue operation on its current channels with full interference protection will serve the public interest. Based on the novel and narrow circumstances before us, we therefore grant Calhoun County's request for waiver. Ordering clauseS Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the waiver request filed by Calhoun County, Alabama IS GRANTED as noted herein. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau Calhoun
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1561A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1561A1.pdf
  • and Homeland Security Bureau: Introduction The State of Wyoming (Wyoming) filed fourteen applications for authority to operate several channel pairs in the 150 MHz band as part of its statewide narrowband digital trunked P-25 radio communication systems called ``WyoLink.'' As part of these applications, Wyoming also seeks waiver of Sections 90.20(g)(2)(i) and 90.20(g)(5)(ii) of the Commission's rules, pursuant to Section 1.925(b)(3). For the reasons discussed below, we grant Wyoming's request as conditioned herein. BACKGROUND Wyoming seeks to construct a statewide narrowband digital trunked radio communications system, which it states would be ``used by participating local, state and federal agencies to support critical public safety and homeland security activities benefiting Wyoming's population of over 500,000 and its more than 11 million annual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-156A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-156A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-156A1.txt
  • ``that should a carrier be unable to fulfill its construction requirements at the end of three years, it may seek a waiver from the relevant Commission rule.'' DISCUSSION As described in more detail below, we find that the unique circumstances described by Ronan warrant a limited waiver of the TLBC construction requirement. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) in view of unique or unusual factual circumstances of the instant case, application of the rule
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1581A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1581A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1581A1.txt
  • approval of local authorities to construct stations, it decided that ``it was far more likely to be successful in obtaining zoning approval if it only requested approval of one, rather than two, tower locations.'' According to Nassau, it would be inequitable to penalize it for withdrawing a bid based on such considerations, ``which are clearly beyond Nassau's control.'' Citing Section 1.925 of the Commission's rules, Nassau claims that it meets the Commission's standard for a waiver of Section 1.2104(g)(1). More specifically, Nassau asserts that the imposition of a bid withdrawal payment in its case does not serve the underlying purpose of the rule, which is to deter insincere bidding. Nassau argues that it has demonstrated that it was a sincere bidder
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1646A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1646A1.pdf
  • 1934, as amended (the Act), to use, for public safety communications purposes, two frequencies interleaved between channels allocated for Part 22 point-to-multipoint operation. Specifically, Ashland proposes to construct and operate a new wireless telecommunications system for its public safety radio operations utilizing frequencies 470.1000 and 473.1000 MHz. In the alternative to Section 337(c), Ashland requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Ashland requests waiver of Sections 20.9(a)(6) and 22.621. Ashland is located in the Boston urbanized area. Ashland seeks waiver of the Commission's rules to use non-public safety frequencies, 470.1000 MHz and 473.1000 MHz, to enable it ``to operate a wireless telecommunications system to meet it public safety obligations to its citizenry.'' Ashland
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1653A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1653A1.pdf
  • 4 Waiver Order. We clarify that the Wave 4 Waiver Order applies to these licensees, both of which are grouped in Wave 4. ORDERING CLAUSE Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A and Appendix B of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1674A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1674A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1674A1.txt
  • the electronic filing requirement in Section 1.1913(b) of the Commission's Rules. We also direct the Broadband Division to process NMU's Application in accordance with the requirements set forth in this Memorandum Opinion and Order and the Commission's rules. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended 47 U.S.C. � 154(i), and Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3), that the waiver requests filed by Northern Michigan University on December 3, 2007 in connection with File No. 0003250992 ARE GRANTED, subject to the conditions noted below. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i), 309 that the licensing
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1696A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1696A1.pdf
  • of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Illinois is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the public record submitted in response to the Second Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1697A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1697A1.pdf
  • of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Arkansas is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the public record submitted in response to the Second Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1745A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1745A1.pdf
  • of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Mississippi is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the public record submitted in response to the Second Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1746A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1746A1.pdf
  • on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Hawaii is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the petitions and associated public record submitted in response to the Second Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1748A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1748A1.pdf
  • consider the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days until August 25, 2008. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition).
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1878A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1878A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1878A1.txt
  • ``may be granted if the licensee shows that failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control.'' The rule prohibits granting extensions based on a failure to obtain financing, failure to obtain an antenna site, failure to order equipment, or because of a transfer of control of the licensee. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1953A6.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1953A6.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1953A6.txt
  • attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands bidding credit waiver requests, see Section IV, ``Exhibit X: Tribal Lands Bidding Credit Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1963A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1963A1.pdf
  • consider the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days until September 24, 2008. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition).
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2059A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2059A1.pdf
  • ``the Township''). Woodbridge seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. � 337(c), to use, for public safety communications purposes, a trunked public safety communications system on fifteen frequency pairs in the television (TV) Channel 20 band (506-512 MHz). In the alternative, Woodbridge requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Woodbridge states that ``TV Channel 20 is available for allocation in the Philadelphia metropolitan area, which encompasses a radius of fifty miles from the City of Philadelphia.'' Because the proposed frequencies are not available for use by public safety entities in the Northern New Jersey area, Woodbridge seeks a waiver of Section
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2139A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2139A1.pdf
  • consider the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days until October 24, 2008. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition).
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2216A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2216A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2216A1.txt
  • ``may be granted if the licensee shows that failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control.'' The rule prohibits granting extensions based on a failure to obtain financing, failure to obtain an antenna site, failure to order equipment, or because of a transfer of control of the licensee. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2287A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2287A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2287A1.txt
  • subject frequencies without Commission authorization during the period after the expiration of the license for Station WPIM837 and before the Commission granted Miller an STA, our decision is without prejudice to any Enforcement Bureau action. Accordingly, IT IS ORDERED, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Miller Breweries East, on March 8, 2007, as amended August 22, 2007, with FCC File No. 0002940300 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), that application FCC File No. 0002940300, filed
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2288A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2288A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2288A1.txt
  • frequencies without Commission authorization during the period after the expiration of the license for Station WPIH930 and before the Commission granted Delaware North an STA, our decision is without prejudice to any Enforcement Bureau action. Accordingly, IT IS ORDERED, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Delaware North Companies, Inc. - Boston, on April 12, 2007, with FCC File No. 0002991836 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), that application FCC File No. 0002991836, filed by Delaware
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2351A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2351A1.pdf
  • consider the issues raised by the Sprint Petition. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Sections 4(i) and (j) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i) and (j), Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the deadline by which Sprint must vacate the Mid-Band is waived for a period of 30 days until November 24, 2008. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau Petition for Relief - Expedited Action Requested, filed by Sprint Nextel Corporation, June 17, 2008 (Sprint Petition).
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2479A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2479A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2479A1.txt
  • to the systems employed by ATC and Optasite (Eagle), GSI (Hark), and Crown Castle (Opto 22B3000 and Simple Com Tools Com 3000). Global Tower attaches to its petition exhibits describing relevant features of the FTTMS. Global Tower further supports its petition through the September 11, 2008 response to a request for additional information by the Wireless Telecommunications Bureau. DISCUSSION Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2485A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2485A1.pdf
  • 1934, as amended, 47 U.S.C. � 337(c), to operate, for public safety communications purposes, a point-to-multipoint control frequency allocated for Part 22 point-to-multipoint service for paging operations. Specifically, the County seeks ``to operate a new public safety paging facility on [frequency] 476.2875 MHz.'' In the alternative to Section 337(c) of the Act, Morris County requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. The County requests waiver of Sections 20.9(a)(6) and 22.621 of the Commission's rules to use this frequency. The County also requests waiver of Sections 90.307 and 90.309 of the Commission's rules to locate transmitters short-spaced to television stations. Morris County states that it ``is located in northern New Jersey, on the western
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2518A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2518A1.pdf
  • narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Harris is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the public record submitted in response to both the Second Further Notice and Third Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2519A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2519A1.pdf
  • of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Ada is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the petitions and associated public record submitted in response to both the Second Further Notice and Third Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2520A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2520A1.pdf
  • of the consolidated channels after August 30, 2007. As further explained below, the Commission will determine the duration of such relief, and whether Phoenix is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the petitions and associated public record submitted in response to both the Second Further Notice and Third Further Notice. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2614A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2614A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2614A1.txt
  • service for its license at the five- and ten-year benchmarks. Under Sections 1.946(c) and 1.955(a)(2) of the Commission's rules, an M-LMS license will terminate automatically as of the construction deadline if the licensee fails to meet the construction requirement, unless it obtains an extension of time to construct under Section 1.946(e), or a waiver of the construction requirement under Section 1.925. In 2003, Havens requested additional time to meet the five-year construction requirement. In 2004, the Bureau's Mobility Division (Division) granted Havens three additional years to meet the five-year requirement. In 2005, the Division granted FCR similar relief and, in 2006, the Division granted Progeny relief. Havens sought reconsideration of those extensions. On January 31, 2007, the Division: (1) denied Havens'
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2667A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2667A1.pdf
  • for authority ``to operate a trunked public safety communications system'' on fifteen frequency pairs in the television (TV) Channel 20 (506-512 MHz band). Woodbridge seeks waiver of Sections 90.305(a), 90.307(a), 90.307(d), and 90.309 of the Commission's rules, to use these frequencies pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, Section 1.925 of the Communication's rules. By this Order, we grant Woodbridge's Waiver Request as conditioned herein. BACKGROUND Woodbridge states that it is ``the fifth largest municipality in New Jersey,'' and that ``[a]ll Northeast corridor railroads cross Woodbridge and include public industrial stations and depots, including Metropark, New Jersey's largest commuter rail facility.'' Woodbridge adds that its ``location and industrial activity contributes
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2778A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2778A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2778A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � N � � � � DA 08-2778 Released: December 23, 2008 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON RONAN TELEPHONE COMPANY REQUEST FOR AN ADDITIONAL YEAR TO MEET TRIBAL LANDS BIDDING CREDIT CONSTRUCTION REQUIREMENT WT Docket No. 06-231 Comments due: January 8, 2009. Reply Comments due: January 15, 2009. Pursuant to Section 1.925(c) of the Commission's rules, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the Request of Ronan Telephone Company (Ronan) for an additional year to meet the tribal lands bidding credit (TLBC) construction requirement for the Blackfeet Indian Reservation located in Montana (Request). On January 29, 2004, the Commission granted Ronan the Lower 700 MHz Band C Block license for
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2806A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2806A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2806A1.txt
  • on GPS-derived location information. --Grant of this waiver is subject to the resolution of Garmin's pending petition for rulemaking, RM-10762. --We may immediately terminate the waiver if harmful interference is reported to the Commission. V. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, Garmin International, Inc.'s request for extension of the waiver filed on August 6, 2008, IS GRANTED, and the waiver granted to Garmin International, Inc. on December 29, 2006 IS EXTENDED until December 29, 2010, under the same terms and conditions as the initial waiver. This action is taken under delegated authority pursuant
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2822A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2822A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2822A1.txt
  • 2008, very shortly after becoming aware of its error in interpreting its hearing aid compatibility compliance responsibilities. NEP Cellcorp notes that upon learning that it was not in compliance with the Commission's hearing aid compatibility requirements, it voluntarily notified the Commission of this fact as well as the actions it had taken to correct the problem. discussion Pursuant to Section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2823A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2823A1.pdf
  • accommodate all of the public safety users in the County that will operate at 470-512 MHz.'' The County states that ``there is no mobile/portable equipment available today . . . that would span both the 470-512 and 700 MHz bands.'' Initially, the County sought waiver of Sections 90.303 and 90.305, and Part 73 of the Commissions rules, pursuant to Section 1.925, to use all frequencies in the TV Channel 15 band for public safety communications. Because these frequencies are not allocated for public safety operations, the County subsequently filed a supplement containing a request for waiver pursuant to Section 337(c) of the Communications Act of 1934 (the Act), as amended, and an engineering supplement to quantify the County's spectrum needs. On
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-288A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-288A1.pdf
  • to four months of work and the subsequent retuning of fixed sites, Florida states that it can save time and resources by conducting its rebanding-related and expansion-related reprogramming simultaneously. Finally, Florida notes that it has obtained both Sprint's and Southern's consent for Florida to add the requested channels at the proposed locations prior to the conclusion of rebanding. Discussion Section 1.925 of the Commission's rules provides that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-289A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-289A1.pdf
  • under Part 80 of the Commission's rules, as part of Montana's statewide VHF public safety communications system. Because the subject maritime frequencies are not allocated for the provision of public safety services, the Counties seek waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended. In the alternative, the Counties seek waiver relief pursuant to Section 1.925 of the Commission's rules. Specifically, Beaverhead and Granite seek to use Part 80 private coast station frequencies and Silverbow seeks to use Part 80 maritime VHF frequencies as a part of a wireless communications system that is vital to the public safety governmental operations of the applicants. Accordingly, the Counties filed requests for waiver of Sections 80.105, 80.106, 80.123, 80.203,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-328A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-328A1.pdf
  • Center site. We therefore conclude that the public interest would be served by granting the Port Authority an extension of time to complete construction of the World Trade Center Stations listed in the Attachment. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 303(r), and Sections 1.925, 1.946(e), 90.157, and 101.65(b) of the Commission's rules, 47 C.F.R. �� 1.925, 1.946(e), 90.157, and 101.65(b), the Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission's rules, filed by the Port Authority of New York and New Jersey IS GRANTED, nunc pro tunc, to the extent indicated herein. This action is taken under delegated authority pursuant
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-406A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-406A1.pdf
  • an explanation of why SouthernLINC has chosen the compliance efforts it has chosen. We emphasize that irrespective of the relief we grant in this Order, we fully expect SouthernLINC to achieve compliance as quickly as possible. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Request for Further Limited Waiver filed by Southern Communications Services, Inc. d/b/a SouthernLINC Wireless IS GRANTED IN PART, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) is August 15, 2008. This action is taken under delegated authority pursuant to Sections 0.191
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-40A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-40A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-40A1.txt
  • the default payment rule is denied. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener, Chief Auctions and Spectrum Access Division Wireless Telecommunications Bureau Petition for Waiver - Expedited Action Requested, submitted January 2, 2008 (``Petition''). Petition at 2. Petition at 1-2. 47 C.F.R. � 1.2106 (c). 47 C.F.R. � 1.925. Petition at 5-6. Petition at 6. Id. 47 C.F.R � 1.2106. Implementation of Section 309(j) of the Communications Act - Competitive Bidding , Second Report and Order, 9 FCC Rcd 2348, 2378 � 171 (1994); Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7266 � 125 (1994). See
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-414A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-414A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-414A1.txt
  • Pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission's rules, NextBus's licenses will terminate automatically as of the construction deadline if NextBus fails to meet the requirements of section 22.503(k)(2), unless the Commission grants an extension or waives the construction requirements. The construction deadline for the twenty-eight licenses was June 21, 2007. A waiver may be granted, pursuant to section 1.925 of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-535A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-535A1.pdf
  • of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Petitions for Waiver of Section 20.19 of the Commission's Rules, Memorandum Opinion and Order, FCC 08-67 (released February 27, 2008) (``February 2008 Inductive Coupling Compatibility Waiver Order''). CTC September 18, 2006 Report at 2. CTC June 7, 2007 Report at 2. CTC April 2, 2007 Report at 2. See 47 C.F.R. � 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, FCC 08-67 at � 22. See id. at �� 11-17. Id. at � 8. Id. at � 22. See 47 U.S.C. � 610(a) (directing Commission to ``ensure reasonable access to telephone service by persons with impaired hearing''). CTC stated that it began offering Motorola Models V323i and RAZR V3m on March 13,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-54A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-54A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-54A1.txt
  • extension of time to demonstrate substantial service because it will permit equipment for the LMDS A Block to become more widely available to rural licensees. We hereby seek comment on the waiver requests filed by the Rural LMDS Group, the LMDS Coalition, IDT Spectrum, and Corr Wireless. Parties may comment specifically or generally with respect to the waiver requests. Section 1.925(b)(3) of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that: ``(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; (ii) or in view of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-589A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-589A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-589A1.txt
  • Capability Waivers Order, the Commission granted waiver requests to those petitioners that complied by January 1, 2007, and provided adequate justification for their inability to comply with the inductive coupling requirement by the deadline in the Commission's rules. The Commission denied waiver requests to the petitioners that complied at some time after January 1, 2007. Waiver Standard. Pursuant to Section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-595A5.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-595A5.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-595A5.txt
  • attachment will be available for public inspection. EXHIBIT F: WAIVER REQUESTS Note: This part does not apply to tribal lands waiver requests. For tribal lands bidding credit waiver requests, see Section IV, ``Exhibit X: Tribal Lands Bidding Credit Waiver Requests.'' In the event an applicant wishes to file a request for waiver of a Commission rule, see 47 C.F.R. � 1.925, the request should be filed with the corresponding application. Applicants should upload this waiver request as a file, select Attachment Type ``Waiver'' and enter ``Exhibit F: Waiver Requests'' in the Description field on the Attachments page. Waiver requests filed after the submission of the FCC Form 601 may result in a delay of the processing of the application. If a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-603A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-603A1.pdf
  • WT Docket No. 01-309, May 31, 2007 at 2 (``South Slope May 31, 2007 Supplement to Petition for Waiver''). Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Petitions for Waiver of Section 20.19 of the Commission's Rules, Memorandum Opinion and Order, FCC 08-67 (released February 27, 2008) (``February 2008 Inductive Coupling Compatibility Waiver Order''). See 47 C.F.R. � 1.925(b)(3). See February 2008 Inductive Coupling Compatibility Waiver Order, FCC 08-67 at � 22. See id. at �� 11-17. Id. at � 8. Id. at � 22. See South Slope May 31, 2007 Supplement to Petition for Waiver at 2. Section 312(f)(1) of the Act defines ``willful'' as ``the conscious and deliberate commission or omission of [any] act, irrespective of any
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-610A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-610A1.pdf
  • III carrier, to obtain compliant handsets from its vendors. The Commission found that i wireless did not meet the requirements to justify a waiver under the rules. Specifically, the Commission stated that i wireless failed to demonstrate the diligence, unique or unusual circumstances, or any other factor that would warrant a grant of the requested waiver pursuant to the Section 1.925(b)(3) standard. The Commission recognized that i wireless, as a group of Tier III carriers with potentially limited inductive coupling-compatible GSM handsets available to it in September 2006, may well have been unable reasonably to come into compliance by the September 18, 2006 deadline, or shortly thereafter. Nonetheless, the Commission stated that i wireless had failed to demonstrate its need for
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-620A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-620A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-620A1.txt
  • at 1-2, 4 & n. 9, 8-11. See Request at 5 See Request at 10-11. Request at 3; see Auction 73/76 Procedures Public Notice, 22 FCC Rcd at 18,174-75 �� 120-23. An applicant that does not timely submit a sufficient upfront payment will be ineligible to bid. 47 C.F.R. � 1.2106(c). 47 C.F.R. �1.2105(b)(2). Request at 5. 47 C.F.R. � 1.925. Among the reasons underlying Frontline's prediction is the ``excessively high reserve price for the D Block license in Auction 73,'' which Frontline sought to have reduced in its Petition for Reconsideration of the 700 MHz Second Report & Order. Request at 9 (citing Frontline's Petition for Reconsideration of September 24, 2007). We note that Frontline subsequently withdrew its request on
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-622A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-622A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-622A1.txt
  • January 7 and wired the money, which, SAI claims, was accepted by the Commission on January 7, 2008. SAI submitted the instant Waiver Request on January 17, 2008, nearly two weeks after the upfront payment deadline. In light of the public interest in predictable and consistent application of Commission rules and procedures, we deny SAI's Waiver Request. Pursuant to Section 1.925, the Commission may grant a waiver of its rules if (i) it is shown that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual factual circumstances
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-684A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-684A1.pdf
  • sites that were not covered by the 2004 Order, employing simulcast technology in five zones throughout the county. York would be using the same fifty-eight frequency pairs already on the existing licenses, and York seeks no new spectrum. York requests a waiver of Section 90.305(a) to operate at the new sites beyond eighty kilometers of Philadelphia, Pennsylvania pursuant to Section 1.925 of the Commission's rules, or, alternatively, Section 337(c) of the Communications Act of 1934, as amended (``the Act''). In addition, York requests to license individually eighty-three control stations to be associated with the twenty-two-site system. All control stations would be located within York County except for one that would be 0.5 kilometers into adjacent Adams County, Pennsylvania. York notes that
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-746A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-746A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-746A1.txt
  • Pursuant to sections 1.946(c) and 1.955(a)(2) of the Commission's rules, RTS's license will terminate automatically as of the construction deadline if RTS fails to meet the requirements of section 22.503(k)(2), unless the Commission grants an extension or waives the construction requirements. The construction deadline for the Rochester license was June 21, 2007. A waiver may be granted, pursuant to section 1.925(b)(3) of the Commission's rules, if the petitioner establishes that: 1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or 2) where the petitioner establishes unique or unusual factual circumstances, that application of the rule would be
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-802A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-802A1.pdf
  • specifies that Part 22 Paging and Radiotelephone Service operations be treated as commercial mobile radio services, and (ii) Section 22.565, which specifies the transmitting power limits associated with Part 22 Paging and Radiotelephone Service operations. Wyoming seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended, 47 U.S.C. � 337(c), or, alternatively, Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925. Wyoming states that it expects WyoLink to be used by participating local, state, and federal agencies to support critical public safety activities serving Wyoming's population of over 500,000 residents and its more than 11 million annual visitors and tourists. Although Wyoming estimates that the requested Part 22 channels represent less than
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-804A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-804A1.pdf
  • public safety communications purposes, a frequency interleaved between channels allocated for Part 22 point-to-multipoint operation and a frequency interleaved between channels allocated for Part 22 trunked mobile operation. Specifically, Bayonne seeks to modify its existing public safety radio communications system by adding frequencies 470.1500 and 473.1500 MHz. In the alternative to Section 337(c), Bayonne requests waiver relief pursuant to Section 1.925, 47 C.F.R. � 1.925. Bayonne requests waivers of Sections 20.9(a)(6), 22.621, and 22.651, 47 C.F.R. �� 20.9(a)(6), 22.621, 22.651, and such other Commission rules as may be necessary to grant the application. Bayonne is located in the New York-Northeastern New Jersey urbanized area. In 2004, Bayonne was originally authorized to operate this system as Station WQBL378, with an associated waiver
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-867A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-867A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-867A1.txt
  • ``may be granted if the licensee shows that failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control.'' The rule prohibits granting extensions based on a failure to obtain financing, failure to obtain an antenna site, failure to order equipment, or because of a transfer of control of the licensee. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-86A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-86A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-86A1.txt
  • be authorized to operate the system if it had submitted an application when it first purchased the system, and its license would be grandfathered and renewable indefinitely. We also note that we have received no complaints of interference to LPRS operations attributable to UC Davis's system. Consequently, on our own motion, we grant UC Davis a waiver pursuant to Section 1.925 of the Commission's rules, to permit UC Davis to file an application for a new license for the system. Under the circumstances presented, the underlying purpose of Section 90.259(a)(3) would not be served by denying UC Davis the opportunity to license its pre-2002 system. We note that our action here is without prejudice to further inquiry and action by the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-927A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-927A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-927A1.txt
  • the missing form(s) within two business days after being notified of the failure to meet the filing deadline, the post-auction licensing process for Auction No. 73 was not significantly delayed or materially affected. Thus, under the circumstances, we believe that grant of the waiver requests associated with these FCC Forms 601 and 602 is appropriate, pursuant to sections 0.331 and 1.925 of the Commission's Rules. 47 C.F.R. �� 0.331, 1.925. The Commission enhanced ULS to implement the electronic filing of pleadings. See Wireless Telecommunications Bureau Enhances the Commission's Universal Licensing System to Implement Electronic Filing for Pleadings, Public Notice, 21 FCC Rcd 424 (WTB 2006) (``ULS Pleadings Implementation PN''); see also FCC Announces New Filing Location for Paper Documents and a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-95A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-95A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-95A1.txt
  • of any efforts it made other than its December 28th email to obtain apparently necessary authorizations or approvals in order to submit an upfront payment by the deadline of 6:00 PM ET on January 4, 2008. In light of the public interest in predictable and consistent application of Commission rules and procedures, we deny the requested waiver. Pursuant to Section 1.925, the Commission may grant a waiver of its rules if (i) it is shown that the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual factual circumstances
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-967A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-967A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-967A1.txt
  • to Stations WHR877, WHR894, and WHR895, subject to the condition that the GSAs do not include any area that overlaps with the GSA of a neighboring co-channel EBS licensee. For the reasons stated above, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925 that the Petition for Further Reconsideration or Alternatively Waiver Request of Florida Atlantic University filed on August 10, 2007 IS GRANTED IN PART and IS DENIED IN PART. IT IS ORDERED, pursuant to Sections 4(i) and of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1055A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1055A1.pdf
  • on request FOR waiver BY THE STATE OF NEW YORK to EXTEND ``SLOW GROWTH'' AUTHORIZATIONS File No. 0003776692 Comment Date: June 11, 2009 Reply Comment Date: June 26, 2009 The Public Safety and Homeland Security Bureau seeks comment on an application and waiver request filed on March 16, 2009, by the State of New York (New York). Pursuant to Section 1.925 of the Commission's Rules, New York seeks waiver of Section 90.629 of the Commission's Rules (Extended Implementation Period), to extend its ``slow growth'' authorizations. Specifically, New York represents that it has made ``substantial progress'' toward completion of a new statewide wireless network for its public safety radio operations, but that completion of the project was prevented by the default of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1095A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1095A1.pdf
  • 337(c) of the Communications Act of 1934, as amended (the Act), Granite seeks waiver of Sections 80.105, 80.106, 80.123, 80.203, 80.213, 80.371, and 80.373, and such other sections of Part 80 of the Commission's rules as may be necessary, to use frequencies that are designated for maritime use under Part 80. In the alternative, Granite requests a waiver under Section 1.925 of the Commission's rules to use the three maritime frequencies. By this Order, we deny Granite's request for relief under Section 337(c) but grant Granite's alternative request in part under Section 1.925, as set forth below and as conditioned herein, to use the requested maritime frequencies for its public safety communications system under Part 90. background Granite's Waiver Request. Granite
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-250A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-250A1.pdf
  • least 2 mV/m.'' Thus, according to the County, a waiver ``would allow the County to install three transmitters at sites that are readily accessible and that provide a reliable system with minimal transmission gaps between sites, without causing interference to commercial AM or TIS stations.'' In connection with this application, the County requests waiver of Section 90.242(b)(4)(iv) pursuant to Section 1.925 of the Commission's rules. Section 90.242(b)(4)(iv) specifies that the field strength of TIS stations may not exceed 2 mV/m when measured with a standard field strength meter at a distance of 1.50 kilometers (0.93 miles) from the transmitting antenna system. Because the County's testing indicates that ``the 2 mV/m contour will extend approximately 3 km from each transmitter sites [sic],''
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-423A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-423A1.pdf
  • rely on the grant of this waiver to delay meeting its rebanding obligations. conclusion For the reasons stated herein, we grant the Waiver Request with respect to Ohio's 800 MHz public safety channels. Ordering Clauses IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.925, 90.179(a) and 90.523 of the Commission's rules, 47 C.F.R. �� 1.925, 90.179(a), 90.523, the Waiver Request by the State of Ohio and the Ohio Rural Electric Cooperatives, Inc. is GRANTED. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191 and 0.392. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Beers Chief,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-548A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-548A1.pdf
  • the Waiver Request subject to the requirement that New Haven file a new modification application to delete the wideband emission designator 16K0F3E or 20K0F3E on frequency 155.8800 MHz within one year of release of this Order. ordering clauses Accordingly, IT IS ORDERED pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the waiver request of Section 90.175 of the Commission's rules, 47 C.F.R. � 90.175, associated with File No. 0002937722, filed by the Town of New Haven, Vermont, on March 6, 2007, is GRANTED. IT IS FURTHER ORDERED that, the Town New Haven, Vermont shall file a new modification application to delete
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-695A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-695A1.pdf
  • York (``Westchester'' or ``the County''). Westchester seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. � 337(c), to use, for public safety communications purposes, two frequencies interleaved between the allocations in Part 22 and Part 90 of the Commission's rules. In the alternative, Westchester requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Specifically, the County requests frequencies 476.3000 and 479.3000 MHz. The County currently operates on several frequency pairs from the Part 22 spectrum allocation in the 470-512 MHz band under call sign WQBR539. The Wireless Telecommunications Bureau authorized use of Westchester's current channels by waivers granted in 2004 and 2005 pursuant to Section
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-696A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-696A1.pdf
  • State of Wisconsin (Wisconsin). Wisconsin seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. � 337(c), to use unassigned Part 22 Paging and Radiotelephone Channel Block FL in a portion of Basic Economic Area (BEA) 109 for public safety communications. In the alternative, Wisconsin requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Section 20.9(a)(6) states that Part 22 Paging and Radiotelephone Services shall be treated as commercial radio services. Because the Commission has not designated Part 22 Channel Block FL for public safety use, Wisconsin requests waiver of Section 20.9(a)(6). In addition, to the extent Wisconsin seeks to use the frequencies ``only for internal,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-803A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-803A1.pdf
  • communications purposes, twelve frequency pairs from the UHF Television (TV) Channel 15 band (476-482 MHz). The applications seek to modify Ocean County's licenses for public safety Stations WIL552 and WPXC650, which are authorized on frequencies in the TV Channel 20 band (506-512 MHz). In the alternative to Section 337(c) of the Act, Ocean County requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Ocean County states that since it placed Stations WIL552 and WPXC650 in service, ``it has received harmful interference from [TV Channel 20] station WTXX-TV in Waterbury, Connecticut.'' The County states that it ``has also experienced more severe interference from [digital TV (DTV) Channel 20] station WCVB-DTV in Boston, Massachusetts.'' The County states,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-839A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-839A1.pdf
  • request filed on June 6, 2007 by the Wayne County Sheriff's Department, Indiana (``the Department''). The Department requests waiver relief to use frequency 173.210 MHz, which has a bandwidth limit of 3 kHz and is not available for analog voice operations. Although the Department does not cite the Commission's waiver criteria, we will consider its waiver request pursuant to Section 1.925(b)(3) of the Commission's rules, 47 C.F.R. � 1.925(b)(3). The Department seeks to use the desired frequency ``with [a wideband] emission designator of 20K0F3E to allow the operation of a vehicular repeater which must interface and be compatible with existing VHF high band fixed and mobile radios which operate with that emission.'' It states that ``[i]f a narrowband emission is used
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-217487A1.pdf
  • Deennyy iinn aaccccoorrddaannccee w wiitthh sseeccttiioonnss 00..333311 aanndd 11..993355 ooff tthhee C Coom mm miissssiioonn''ss rruulleess..11 A Accccoorrddiinnggllyy,, tthhee aapppplliiccaattiioonn((ss)) lliisstteedd hheerreeiinn ffoorr m maajjoorr eennvviirroonnm meennttaall aaccttiioonnss iiss G GR RA AN NTTEED D.. A Apppplliiccaanntt FFiillee N Nuum mbbeerr C Coooorrddiinnaatteess D Daattee R Reecc''dd Signal Tower Holding LLC A0173074 27-51-41.6/82-31-59.5 3/6/01 -FCC- 1 47 C.F.R. �� 0.331, 1.925.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-225008A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-225008A2.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-225008A2.txt
  • Order, 15 FCC Rcd 476 (2000); 700 MHz Second Report and Order, 15 FCC Rcd 5299 (2000). 27 MHz Service Rules Order, FCC 02-152 � 40. 70/80/90 GHz Proceeding, WT Docket No. 02-146, RM-10288 � 79. 800 MHz NPRM, 17 FCC Rcd 4873, 4911 � 70 (2002). 4.9 GHz Proceeding, 17 FCC Rcd at 3978-79. See 47 C.F.R. �� 1.3, 1.925 (Permits waiver of the Commission Rules in extraordinary or unusual circumstances). See 47 U.S.C. � 309(f); 47 C.F.R. � 1.931(b). See 47 C.F.R. �� 1.3, 1.925. The six frequency pairs involved were 896.8875/935.8875 MHz, 896.9375/935.9375 MHz, 896.9875/935.9875 MHz, 897.8875/9375 MHz, 897.9375/936.9375 MHz, and 897.9875/936.9875 MHz. See, e.g., Petition of Association of American Railroads (AAR) for Modification of Licenses For Use
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-226547A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-226547A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-226547A1.txt
  • II cellular unserved area applications that propose coverage in its existing cellular markets within the National Radio Quiet Zone (Quiet Zone).'' 3. The Ordering Clause in paragraph 9 is replaced with the following: ``Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i), 303(r), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the request of Verizon Wireless for a waiver of sections 22.947 and 22.949 of the Commission's rules to the extent provided in this order IS GRANTED.'' FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. �� 22.947, 22.949. Petition for Waiver of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-226547A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-226547A2.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-226547A2.txt
  • Wireless also asks that we preclude other individuals from submitting applications under the Commission's unserved area licensing rules once the five-year build-out period expires in each relevant market. discussion Because of the unique restrictions that limit construction in the Quiet Zone, we grant Verizon Wireless a limited waiver of the Commission's cellular five-year build-out and unserved area licensing rules. Section 1.925 of the Commission's rules provides that a waiver may be granted if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-251240A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-251240A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-251240A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of SEVEN PUBLIC SAFETY AGENCIES IN THE NEW YORK METROPOLITAN AREA Proposal to Use Part 22 Paging Frequencies Pursuant to Section 337(c) of the Communications Act of 1934, as Amended and Section 1.925 of the Commission's Rules to Operate Public Safety Communications Systems ) ) ) ) ) ) ) ) ) ) ) ) ) FCC File Nos. 0000941858 and 0001523313 (City of Bayonne, New Jersey), 0001687496 (County of Bergen, New Jersey), 0001535270 (Borough of Fort Lee, New Jersey), 0001628636 (Jersey City, New Jersey Police Department), 0001593425 (Melville, New York Fire District),
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-262865A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-262865A1.txt
  • Safety Comments at 6 (noting that the allocation of Channel 16 for use by the City of New York only benefits a very limited geographic area). 307 See, e.g., Seven Public Safety Agencies in the New York Metropolitan Area, Proposal to Use Part 22 Paging Frequencies Pursuant to Section 337(c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules to Operate Public Safety Communications Systems, Order, 19 FCC Rcd 15355 (WTB PSCID 2004). 308 See State of Alaska, Request for Waiver of Sections 2.102(c), 2.103(a), 90.20, and 90.173(c) of the Commission's Rules, Memorandum Opinion and Order, 18 FCC Rcd 16315, 16315 � 1 (WTB 2003). 309 See id. 310 See id. at 16331 � 27.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-192A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-192A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-192A1.txt
  • any waiver should be conditioned on PageNet using its 900 MHz SMR spectrum to offer new information or messaging services. ICE opposed the waiver request, arguing that PageNet has not met the standard necessary to justify waiver and that grant of the waiver would be inconsistent with the underlying policies of Section 90.665. III. DISCUSSION Waiver Request Pursuant to Section 1.925 of our rules, a party requesting a waiver of a Commission rule must affirmatively show that (1) the underlying purpose of the rule will not be served, or would be frustrated, by its application in a particular case, and that grant of the waiver is otherwise in the public interest; or (2) the unique facts and circumstances of a particular
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-209A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-209A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-209A1.txt
  • costs, while precluding a level of recovery that would exceed or approximate the value of the license. For license areas where the gross bid is greater than $1 million and equal to or less than $2 million, we impose a cap of $500,000, which in effect produces a sliding percentage cap from 50 percent to 25 percent. Pursuant to Section 1.925 of our rules, we will entertain waiver requests for a higher credit where an applicant demonstrates that its infrastructure costs exceed the available credit under the formula. Such waiver requests, however, will be subject to the percentage cap on credits described above, and we will not grant waivers in excess of the applicable cap. Applicants seeking such relief must also
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-235A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-235A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-235A1.txt
  • Reg. 10,514, 10,514 (1964). See Reallocation of Television Channels 60-69, the 746-806 MHz Band, ET Docket No. 97-157, Report and Order, 12 FCC Rcd 22,953 (1998). See 47 C.F.R. � 90.25(a) (1997). 47 C.F.R. � 90.20(a)(2)(ii). School districts and authorities are eligible for authorizations in the Industrial/Business Radio Pool as entities operating educational institutions. 47 C.F.R. � 90.35(a)(2). 47 C.F.R. �1.925(b)(3). See Letter from Larry A. Miller, Frequency Coordination Manager, AASHTO to D'wana R. Terry, Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, FCC, dated September 15, 1999 (AASHTO Letter). The frequencies at issue, which total thirty, are set forth in the table at 47 C.F.R. � 90.20(c) with a note that they are subject to limitation 43. AASHTO
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-326A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-326A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-326A1.txt
  • VoiceStream a waiver because it has not filed a formal waiver petition. See Letter from Dean R. Brenner, Attorney for Qualcomm, Incorporated, to Magalie Roman Salas, Secretary, FCC, dated August 22, 2000 at 4 (Qualcomm August 22 Ex Parte Letter). Because we have discretion to grant waivers on our own motion, we reject this argument. See 47 CFR �� 1.3, 1.925(a). We emphasize, however, that requests for waiver made through the ex parte process are discouraged; parties seeking a waiver of the Commission's rules should, except in the unusual case, formally file a waiver request with the Commission pursuant to our rules of practice and procedure. See generally, 47 C.F.R. � 1.925. See Annual Report and Analysis of Competitive Market Conditions
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-348A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-348A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-348A1.txt
  • common nationwide channel plan for interoperability purposes, the interoperability channels should not be subject to such modifications. Id.; see also NYSTEC Petition at 9, 10. Accord APCO Petition at 15. See id., 14 FCC Rcd at 169 � 31, n.76, citing Motorola Comments, Appendix at 4-7, NPSTC Comments Appendix A, and Florida Comments at 2-6. See, e.g., 47 C.F.R. � 1.925 (Waivers). We note as an administrative matter that a rule waiver request is the most appropriate process for determining, e.g., whether all narrowband channels are exhausted in a given geographic area and that a specific proposal to use a portion of a wideband channel is truly a ``last resort.'' Accord NYSTEC Petition at 9, 10 (Commission should allow for some
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-36A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-36A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-36A1.txt
  • cancelled on December 5, 1995. Application for Review at 2-8. 47 C.F.R. � 90.175; 47 C.F.R. � 90.495 (1996). See PLMRS Report and Order, 6 FCC Rcd. at 7301-7302, � 25 ("Under no circumstances will we accept an application for a particular frequency until that frequency has actually been deleted from our database . . . ."). 47 C.F.R. � 1.925(b)(3); see also WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). The waiver standard for Private Land Mobile Services was formerly codified at Section 90.151(a) of the rules, 47 C.F.R. � 90.151(a) (1995). See Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 90, 95, 97, and 101 of the Commission's
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.txt
  • (WTB 2000). See 47 U.S.C. �� 337(c)(1)(A); see also Conference Report at 579-80 (``spectrum must not be immediately available on a frequency already allocated to public safety services.''). We note that an applicant that could not obtain relief pursuant to Section 337 because public safety spectrum was available in other bands could nonetheless seek a rule waiver pursuant to Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. 47 U.S.C. � 337(c)(1)(E). See, e.g., APCO Comments at 12-13; APCO Reply Comments at 7-8; IAFC/IMSA Comments at 5-8; NYSTEC Comments at 12-13. See South Bay, 13 FCC Rcd at 23796 � 33. See Sacramento, 15 FCC Rcd 12600, 12607 � 19. See 47 U.S.C. � 151. We also note that the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-433A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-433A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-433A1.txt
  • Southern Communications Systems, Inc., for reconsideration of the Division's decision to deny Southern's request for waiver of 47 C.F.R. � 24.711(b), IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary DISSENTING STATEMENT OF COMMISSIONER HAROLD FURCHTGOTT-ROTH Re: Southern Communications Systems, Inc., Request for Limited Waiver. I respectfully dissent from the Commission's decision to deny Southern's waiver request. Under 47 C.F.R. �1.925 (b)(3), the Commission may grant a waiver if the underlying purpose of the rule would not be served by application in the present case and the waiver would be in the public interest. Here, in order to make its installment payment, Southern requested a two-day waiver of the Commission's installment payment rule. I would have granted the waiver. There is
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-434A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-434A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-434A1.txt
  • failed to give its waiver request the ``hard look'' as set forth in WAIT Radio v. FCC is equally flawed. Under the ``hard look'' standard, an agency is required to articulate with clarity and precision its findings and the reasons for its decisions. We believe that in its order the Division properly applied the waiver standard set forth in Section 1.925 of the Commission's rules to the facts set forth in 21st Century's request and provided reasoned explanation for its denial of the request. Ultimately, Petitioner's request for waiver of the automatic license cancellation rule was denied not because the Division failed to consider the request as required under the ``hard look'' standard, but because it found, as we do here,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-439A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-439A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-439A1.txt
  • be frustrated if applied to the proponent's case and that a grant of the requested waiver would be in the public interest; or that in view of unique or unusual factual circumstances, application of a rule would be inequitable, unduly burdensome or contrary to the public interest, or that the waiver proponent has no reasonable alternative. See 47 C.F.R. � 1.925(b)(3). See Second MO&O, 14 FCC Rcd at 8658. The LMCC Low Power Plan was accepted by the Commission on June 29, 2000. See Wireless Communications Bureau Accepts LMCC Low Power Plan for Part 90 450-470 MHz Band, Public Notice, 15 FCC Rcd 11598 (WTB 2000) (Low Power Public Notice). See Dataradio Petition for Reconsideration and/or Clarification, Attachment 1, Appendix B.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-85A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-85A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-85A1.txt
  • U.S.C. �� 154(i) and 405, and section 1.115 of the Commission's rules, 47 C.F.R. � 1.115, the Application for Review filed by Gerald Crozier on May 20, 1996, IS DISMISSED. IT IS FURTHER ORDERED that pursuant to our authority under sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the requests by Arundel Trunked Partnership, James W. Byrnes III, Judith K. Warden, Robert J. Zamito, Norma Beckett, PCK Systems, Paul W. Rutter, Bruce L. Jones, Michael J. Sample, James R. Jensen, Jr., and ROKK Associates for a waiver of section 90.753(c) of the Commission's rules, 47 C.F.R. � 90.753(c), submitted on
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-186A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-186A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-186A1.txt
  • deviation from our rules. Thus, we do not consider it a ``routine'' action. In fact, a waiver is granted only upon a finding that the applicable waiver standard has been met. We conclude that Goosetown has made a sufficient showing that grant of the requested waiver is warranted under the first prong of the waiver standard set forth in Section 1.925 of the Commission's Rules. The purpose of the 50-mile limitation is to ensure that television stations and land mobile stations do not interfere with one another. Sections 90.305(a) and (b) of the Commission's Rules provide that PLMR base stations operating in the 470-512 MHz band (which also constitutes TV channels 14 through 20) may be located only within 50 miles
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-213A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-213A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-213A1.txt
  • and Wild's Computer Service, Inc. and 21st Century Wireless Group, Inc on July 2, 2000 in the above-captioned proceeding IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Application for Review at 3. Id. Id. at 5. 47 C.F.R. � 1.926(b) (1996). 47 C.F.R. � 90.149(a) (1996). 47 C.F.R. � 90.149(b) (1996). 47 C.F.R. � 90.151(a) (1996). 47 C.F.R. � 1.925(b)(3) (2000). See also 47 C.F.R. � 90.151(a) (1996). Fresno City and County Housing Authorities, Order on Reconsideration, 15 FCC Rcd 10,998 � 11 (2000), citing Plumas-Sierra Rural Electric Cooperative, Order, 15 FCC Rcd 5572, 5575, � 9 (2000). ULS MO&O at 11485 � 21. See also Sierra Pacific Power Company, Order, DA 00-2922, � 6 (rel. Jan. 3, 2001) (holding
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-214A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-214A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-214A1.txt
  • � 1.955(a)(1). Biennial Review-Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Memorandum Opinion and Order on Reconsideration, 14 FCC Rcd 11,476, 11,485-86 � 22 (1999) (``ULS MO&O''). See 47 C.F.R. � 1.925(b)(3). Fresno City and County Housing Authorities, Order on Reconsideration, 15 FCC Rcd 10,998, � 11 (2000), citing Plumas-Sierra Rural Electric Cooperative, Order, 15 FCC Rcd 5572, 5575, � 9 (2000). ULS MO&O at 11485 � 21. See also Sierra Pacific Power Company, Order, DA 00-2922, � 6 (rel. Jan. 3, 2001) (holding that ``each licensee bears the exclusive responsibility of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-248A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-248A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-248A1.txt
  • Notice at 4-5; February 24th Public Notice at 4. DiGiPH Application at 7-8; Mountain Solutions Application at 11 DiGiPH Application at 8; Mountain Solutions Application at 11. See February 24th Public Notice. See 47 C.F.R. � 1.2113(c) (1998); see also Part 1 Third Report and Order, 13 FCC Rcd 374, 469-470. Id. Mountain Solutions Application at 9-10. 47 C.F.R. � 1.925 (2000). 47 C.F.R. � 1.925 (2000); see, e.g., WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). In the Matter of BDPCS, Inc. BTA Nos. B008, B036, B055, B089, B110, B133, B149, B261, B298, B331, B347, B358, B391, B395, B407, B413, and B447, Frequency Block C, Memorandum Opinion and Order, 15 FCC Rcd
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-271A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-271A1.txt
  • (rel. Mar. 14, 2001). Comments were due on April 3, 2001, and Reply Comments on April 13, 2001. Id. 20 See generally Opposition of Leap Wireless International, Inc. ("Leap Wireless Comments"). 21 See generally Reply Comments. Federal Communications Commission FCC 01-271 4 III. DISCUSSION 8. Waiver Standard. Cingular seeks a waiver pursuant to the waiver standard set forth in Section 1.925 of the Commission's rules.22 Section 1.925 provides that the Commission may grant a waiver upon a showing either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-298A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-298A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-298A1.txt
  • the then-overdue October 1998 and January 1999 payments had already been made. Id. As the Commission stated in the MO&O, the failure of Southern and its business associate to organize and manage their business dealings properly is not a unique circumstance for which the Commission would grant a waiver. MO&O, 15 FCC Rcd 25,107-108, � 10; see 47 C.F.R. � 1.925. See Waiver Order, 15 FCC Rcd 8387-89. See Further Reconsideration Petition at 4, 8; Reconsideration Petition at 3, 6, 10-11. Reconsideration Petition. Southern Communications Systems, Inc., Request for Limited Rule Waiver to Comply with PCS Installment Payment for C Block License in the Cleveland, TN BTA, Supplement for Petition for Reconsideration (filed Jan. 6, 2000) ("Reconsideration Petition Supplement"). See MO&O,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-328A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-328A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-328A1.txt
  • therefore disagree with Cingular's argument that a transition period as proposed by Sprint is an attempt to gain a competitive or financial advantage over other CMRS providers. See Cingular Reply Comments at 25; see also Strategic Policy Reply Comments on behalf of Cingular at 3-4. See First Biennial Review Order, 15 FCC Rcd at 9245 n.138. See 47 C.F.R. � 1.925 (setting forth general standard for waiver); First Biennial Review Order, 15 FCC Rcd at 9256 � 82 (stating that Commission will consider waivers ``to the extent that a carrier can credibly demonstrate that in a particular geographic area the spectrum cap is currently having a significant adverse effect on its ability to provide 3G or other advanced services''). See supra
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-364A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-364A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-364A1.txt
  • licensees (both co- and adjacent-channel) are made aware of a licensee's proposed higher-power and whether these licensees have consented to such operation. To the extent a licensee wants to exceed the 50 kW ERP limit, it may file a waiver request whereby the Commission can allow interested parties to participate and assess any potential interference problems. See 47 C.F.R. � 1.925. See Notice, 16 FCC Rcd at 7300, 7312 �� 43, 78. Id. at 7312 � 43. Id. at 7299 � 41. See supra Section III.B.2.a.i. When applicable, this requirement includes notification to Part 27 commercial and guard band manager licensees operating on Channel 60 (746-752 MHz) in the Upper 700 MHz Band. See Upper 700 MHz First Report and Order,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-391A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-391A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-391A1.txt
  • oppositions to LMR's Application for Review. DISCUSSION In its Application for Review, LMR submits three reasons to reinstate and grant its applications. Specifically, LMR contends that (1) the Division based its decision upon facts that were not properly before it by relying on Waiver I because it was superseded by Waiver II, (2) the Division's Order misconstrues or ignores Sections 1.925(c)(ii) and 1.934(d)(2) of our Rules and (3) the Division's action was in conflict with statute, regulation, case precedent or Commission policy by applying Section 90.179 to LMR, as an applicant. LMR argues that the Division based its decision upon facts that were not properly before it by relying on the initial waiver request, which was superseded by Waiver II. We
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-116A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-116A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-116A1.txt
  • See Broadwave Network, LLC Application for License to Provide a New Terrestrial Transport Service in the 12.2-12.7 GHz Band (filed Jan. 8, 1999), Exhibit 3 (Broadwave application); 47 C.F.R. �� 101.105, 101.107, 101.109, 101.111, 101.115, 101.139, 101.603. We note that the waiver requests of Pegasus and SRL raise similar issues and are resolved herein as well. See 47 C.F.R. � 1.925(b)(1). 47 C.F.R. �� 101.105, 101.107, 101.109, 101.111, 101.115. Broadwave Application Exhibit 3, page 3. Northpoint Reply Comments to Northpoint Waiver at 5. Id. See, e.g. MITRE Report. For example, in the 35 MHz MO&O, the Commission determined that a change of policy with respect to the use of certain frequencies should take place within the context of a rule making
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-256A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-256A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-256A1.txt
  • service along at least 60 percent of the waterway. Havens acknowledges both that he did not propose to serve at least 60 percent of each waterway and that Section 80.475(a) does not contain a ``substantial service'' option. We also note that Havens did not request a waiver of Section 80.475(a), pursuant to the criteria set forth in 47 C.F.R. � 1.925, at any point during this proceeding. Accordingly, we find no error by the Division, and decline to address Section 1.925 of our Rules sua sponte. Turning to Havens's claim that Regionet has received favorable licensing treatment, Havens refers to certain Regionet applications which he contends did not comply with the service coverage requirements but were nonetheless granted improperly under Section
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-271A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-271A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-271A1.txt
  • Commission's Reference Information Center, Consumer Information Bureau, SHALL SEND a copy of this Report and Order, WT Docket No. 99-366, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, ACR's request for waiver of Section 80.1061 of the Commission's Rules, 47 C.F.R. �� 80.1061, filed on January 10, 2001, and McMurdo's request for waiver of Section 80.1061 of the Commission's Rules, 47 C.F.R. �� 80.1061, filed on August 23, 2002, to permit type certification of ACR's personal EPIRB, FCC Identification Number
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1.txt
  • 47 U.S.C. �� 154(i), 303(r), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, that the petition for reconsideration filed by Warren C. Havens on January 8, 2001 IS DENIED. IT IS FURTHER ORDERED pursuant to Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 405, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the waiver request filed by Warren C. Havens on January 16, 2001 IS DENIED. IT IS FURTHER ORDERED pursuant to Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, that
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-84A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-84A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-84A1.txt
  • supports VoiceStream's argument that its proposal is prima facie lawful and not unreasonable discrimination or an unreasonable preference under Section 202(a) of the Communications Act. On December 11, 2001, the Wireless Telecommunications Bureau (Bureau) sought comment on VoiceStream's Petition. Two comments supporting VoiceStream's waiver request were filed in response to the Public Notice, and VoiceStream submitted reply comments. discussion Section 1.925 of the Commission's Rules provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in view of the unique
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.txt
  • set forth in subpart F of this part (see �� 1.927, 1.929 of this part). (b) The Commission may waive specific requirements of the rules affecting spectrum leasing arrangements and the use of leased spectrum, on its own motion or upon request, in accordance with the policies, procedures, and standards set forth in subpart F of this part (see � 1.925 of this part). (c) Notifications and pending applications regarding spectrum leasing arrangements may be dismissed in accordance with the policies, procedures, and standards applicable to applications as set forth in subpart F of this part (see � 1.935 of this part). * * * * * PART 27 - MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES 8. The authority citation for Part 27
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-118A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-118A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-118A1.txt
  • No. 0000138901 at Exhibit C; FCC File No. 0000138914 at Exhibit C; FCC File No. 0000138925 at Exhibit C; and FCC File No. 0000222488 at Exhibit C (May 24, 2000 Applications, Exhibit C); FCC File No. 0000472773 (filed May 24, 2001). Objection at 8-9. Id. at 3-4. Id. at 4. 47 C.F.R. � 1.934(f). AFR at 3-4. 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). WAIT Radio v. FCC, 413 F.2d 1153, 1157 (D.C. Cir. 1969) (WAIT Radio) aff'd, 459 F.2d 1203 (1972) cert. denied, 409 U.S. 1027 (1972) citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968); Birach Broadcasting Corporation, Memorandum Opinion and Order, 2003 WL 202677 (2003). WAIT Radio v. FCC, 413 F.2d
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-237A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-237A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-237A1.txt
  • No. 01-184, and CC Docket No. 95-116, Memorandum Opinion and Order, 17 FCC Rcd 14972, 14976, para. 31. See Pine Belt Petition. Amended Petition for Waiver by Pine Belt PCS, Inc. and Pine Belt Cellular, Inc. CC Docket Nos. 99-200, 95-116, WT Docket No. 01-184, filed Sept. 23, 2003 (Pine Belt's Amended Petition). 47 C.F.R. � 1.3. 47 C.F.R. � 1.925(b)(3)(ii). See Northeast Cellular Telephone Co. v. FCC, 897 F. 2d 1164, 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC 418 F. 2d 1153 (D.C. Cir. 1969)). See Letter from John Kuykendall, Kraskin, Lesse & Cosson, LLC to Marlene H. Dortch, Secretary, FCC (filed Mar. 24, 2003). Petition for Limited Waiver and Extension of Time by Kodiak Wireless, LLC, CC
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-238A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-238A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-238A1.txt
  • a private sector applicant be designated by a government entity. Such consideration will be given in circumstances in which the private sector applicant can demonstrate convincingly that there is no relevant government entity from which it can obtain such a designation, or there are other practical difficulties to securing such a designation, or the waiver is otherwise warranted under Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. We would consider there to be practical difficulties potentially warranting a waiver if the applicant can demonstrate, for example, that obtaining designation from a government entity would be prohibitively costly or would take too long. We do not here attempt to catalog exhaustively all the types of practical difficulties that may warrant
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-241A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-241A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-241A1.txt
  • the public interest. The good cause standard, as applied in the E911 waiver context, is discussed further in Section III C below, which discusses generally the showing expected to demonstrate good cause for a grant of waiver relief. For the foregoing reasons, with respect to a Tier III carrier who has petitioned for temporary waiver pursuant to sections 1.3 and 1.925 of the rules that is beyond the deadlines set forth in the Non-Nationwide Carriers Order, we stay the application of sections 20.18(d), (e), (f), (g), and/or (h) until we rule on that carrier's waiver petition or six months from the release date of this Order, whichever is sooner. We will not act on these waiver petitions until at least one
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-324A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-324A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-324A1.txt
  • of mass transit systems, interoperability may put them at increased risk of interference from other systems). TransCore Comments at 11 (the Commission should not foreclose the design and development of low-cost simple devices that do not implement all of the capabilities contained in the adopted standard, but provide useful applications without interfering with other DSRC devices). See 47 C.F.R. � 1.925. ITS America Comments at 11. See PSWN Reply Comments at 6 (Commission should regularly review the ASTM-DSRC Standard to ensure that it remains current). ASTM-DSRC Standard at 1; Status Report at 5-6. Wireless LAN Medium Access Control and Physical Layer Specifications. See ASTM-DSRC Standard at 1. Wireless LAN Medium Access Control and Physical Layer Specifications High-Speed Physical Layer in the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-52A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-52A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-52A1.txt
  • in a manner that would have allowed the Bureau to consider its argument, and does not seek a waiver of Section 1.115(c). We therefore dismiss Morris's waiver request as a new argument prohibited under our rules. Second, even if Morris's request were not a new argument prohibited by Section 1.115(c), we would deny the request on its merits under Section 1.925 of our rules. Section 1.925 provides that we may grant a waiver request if it is shown that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-70A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-70A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-70A1.txt
  • Reconsideration Order, 16 FCC Rcd. 9485. Reconsideration Order, 16 FCC Rcd. at 9490, �9 (citing Zimsky, 9 FCC Rcd. at 3239-41; Common Fund Order, 15 FCC Rcd. at 20437, �10). Reconsideration Order, 16 FCC Rcd. at 9490, �9. 47 C.F.R. � 1.3 (Providing the Commission with the authority to grant waivers ``if good cause therefore is shown.''); 47 C.F.R. � 1.925 (``The Commission may grant a waiver request if: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest or, (ii) in view of the unique circumstances of the instant case, application of the rule(s) would
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1.txt
  • frequencies. If a licensee does wish to operate an 800 MHz cellular system, it will be required to obtain waivers for any and all sites that meet the second of our two criteria. In that case, a CII or public safety system licensee may avail itself of the Commission's waiver process pursuant to the waiver criteria set out in Section 1.925 of the Commission's Rules. Any such request shall contain both a persuasive showing of need and a demonstration of non-interference. Any waiver granted, will contain a continuing non-interference condition. As stated above, cellular-architecture systems that do not come within the foregoing ``800 MHz cellular'' definition may be operated without need for a rule waiver; nonetheless, they must not cause unacceptable
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-18A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-18A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-18A1.txt
  • disputes exist in state court. See e.g., Listeners Guild, Inc. v. FCC, 813 F.2d 465, 469 (D.C. Cir. 1987) (citing Agreements Between Broadcast Licensees and the Public, 57 F.C.C. 2d 42 (1975); Carnegie Broadcasting Co., 5 F.C.C. 2d 882, 884 (1966); Transcontinental Television Corp., 44 F.C.C. 2d 2451, 2461 (1961)). Branch Order, 17 FCC Rcd at 22195, � 13. Section 1.925(b)(3) of our rules provides that a waiver request may be granted if it is shown that: (1) the underlying purpose of the rule would not be served, or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-249A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-249A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-249A1.txt
  • on how the Commission might tailor a rule waiver based on what they allege to be unique circumstances. In particular, T-Mobile and its supporters argue that due to the unique circumstances presented by the NextWave Settlement the Commission should, at a minimum, waive the eligibility rules for the licenses being returned to the Commission through that agreement. Pursuant to Section 1.925 of the Commission's rules, the Commission may grant a request for a rule waiver if the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant would be in the public interest. Alternatively, the Commission may grant a request for waiver if, in view of the unique
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-255A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-255A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-255A1.txt
  • �� 154(i), (j), 309, 310(d), the applications for the transfer of control of licenses from AT&T Wireless to Cingular ARE GRANTED, to the extent specified in this order and subject to the conditions specified below. IT IS FURTHER ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), and sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.925, the Request for Waiver of the Commission's Cellular Cross-Interest Rule, 47 C.F.R. � 22.942, IS GRANTED. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and (j), 309, 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 309, 310(d), the applications for the pro forma
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-257A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-257A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-257A1.txt
  • vis-�-vis other licensees that had satisfactorily demonstrated that a public interest or unique circumstance existed. Nor did the Division agree that a new standard had been imposed. Instead, the Division affirmed that the burden Northstar had to overcome was not to show whether it had merely constructed facilities, but whether it had met the criteria for waiver pursuant to section 1.925, the same standard that is applied to all licensees requesting waiver of the construction requirements. The Division also rejected Northstar's arguments that the build-out rule served no purpose in this instance, stating that the construction requirements were promulgated pursuant to the Communications Act and serve worthwhile public policy purposes, such as the timely and efficient use of spectrum, which are
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-261A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-261A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-261A1.txt
  • errors in the Division decision. These typographic errors are of no decisional significance and therefore are harmless error. See North Florida MMDS Partners, 10 FCC Rcd 11593, 11599 n. 19 (1995), quoting Greater Boston Television Corp. v. FCC, 444 F.2d 841, 851 (D.C. Cir. 1970), cert. denied, 403 U.S. 923, 91 S.Ct. 2233 (1971). See 47 C.F.R. �� 1.3 and 1.925. See WAMC, Inc., 10 FCC Rcd 12219 (1995) (denying an application for review raising essentially the same arguments as in a petition for reconsideration). (...continued from previous page) (continued....) Federal Communications Commission FCC 04-261 Federal Communications Commission FCC 04-261 �@��� [ \ ^ | � � � \ h� gd� h� \ F S � tm \ � � �
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-26A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-26A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-26A1.txt
  • analysis because Cingular holds a greater-than-ten-percent ownership interest in Salmon PCS. See id. at 11. See id. See id. at 10-11, Amended Attachment 1. See id. See id. at 11-12. See id. at 9. See id. See id. This transaction was not challenged by Nextel or Eldorado/NY Telecom on the grounds that it would cause competitive harm. 47 C.F.R. � 1.925. 47 C.F.R. � 1.2111(c)(1). The Commission has previously clarified that the approval of an assignment or transfer that results in installment payment unjust enrichment is conditioned upon the full payment of the required unjust enrichment payment on or before the consummation date. Therefore, there is no need to waive the timing of section 1.2111(c) in order to permit the Applicants
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-294A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-294A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-294A1.txt
  • at 4; ITA Comments at 7. See 800 MHz R&O, 19 FCC Rcd 15041-45 �� 132-141. Id. at 15043 � 136. See CTIA Ex Parte at 2. See also 47 C.F.R. �� 22.970, 90.672. See CTIA Ex Parte at 2. See 800 MHz R&O, 19 FCC Rcd 15045 � 143. See 47 C.F.R. �� 22.972(a)(2), 90.674(a)(2). See 47 C.F.R. � 1.925 (setting forth waiver standard). 800 MHz R&O, 19 FCC Rcd 15044-45 � 140 Id. at 15043 � 138. Id. at 15130 � 346. We may consider and exercise any appropriate enforcement action within our authority, including assessment of monetary forfeitures or, if warranted, license revocation if Nextel failed to meet this interim benchmark, for reasons that Nextel, with the exercise
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-77A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-77A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-77A1.txt
  • 1934, as amended, 47 U.S.C. �� 1, 154(i), 302, and 303(f) and (r), NOTICE IS HEREBY GIVEN of the proposed regulatory changes described in this Notice of Proposed Rulemaking and that COMMENT IS SOUGHT on these proposals. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Blanket Waiver, filed May 29, 2002, by the Fixed Wireless Communications Coalition and the National Spectrum Managers Association, IS HEREBY DENIED. IT IS FURTHER ORDERED that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Notice of Proposed Rulemaking, including the Initial
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-122A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-122A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-122A1.txt
  • 17 FCC Rcd at 14844 �� 10-11. See, e.g., SHHH Comments at 7; Cingular Reply Comments at 2. See Cingular Reply Comments at 2. See Letter from Michael S. Bennet, counsel for RTG, and Joshua Zeldis, counsel for the TDMA Carriers, to Marlene H. Dortch, Secretary, FCC, WT Docket No. 01-309 (filed May 27, 2005). See 47 C.F.R. �� 1.3, 1.925. See also WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), appeal after remand, 459 F.2d 1203 (D.C. Cir. 1972), cert. denied, 409 U.S. 1027 (1972); see also Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990) (a waiver of the Commission's rules may be granted in instances where the particular facts make strict compliance inconsistent
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-15A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-15A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-15A1.txt
  • of the level of scrutiny that will be applied in reviewing a request for renewal of a late-filed renewal application-or any other request for waiver of the Commission licensing rules-does not violate the requirement that adequate notice be provided. Nonetheless, we find that this case presents unusual factual circumstances that warrant grant of the Application for Review. Pursuant to Section 1.925 of our rules, we may grant a waiver if it is shown that: (a) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) in view of unique or unusual factual circumstances of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-166A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-166A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-166A1.txt
  • this condition. We note that this condition is consistent with the outreach efforts described by the Commission in the Hearing Aid Compatibility Order, as well as the requirement that compliance reports provide information regarding ``outreach efforts.'' ordering clauses Accordingly, pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the waiver relief requested in the Letter from Thomas Goode, counsel to the Alliance for Telecommunications Industry Solutions, and in the Presentation of the HAC Incubator Working Group 9, filed on August 1, 2005, IS GRANTED to the extent set forth herein. IT IS FURTHER ORDERED that the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-169A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-169A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-169A1.txt
  • is in full compliance with Section 20.19(c)(3)(i)(A) of the Commission's rules. In addition, this report must contain detailed information that describes and discusses with specificity T-Mobile's efforts to make hearing aid-compatible digital wireless handsets available to consumers. Ordering Clauses. Pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, IT IS ORDERED that the Petition for Waiver of Section 20.19(c)(3) of the Commission's Rules filed by T-Mobile USA, Inc. on August 26, 2005, IS GRANTED to the extent set forth herein. Pursuant to Sections 1 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-181A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-181A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-181A1.txt
  • subscribers of location-capable handsets no later than December 31, 2005. Applicable Waiver Standards The Commission has recognized that smaller carriers may face extraordinary circumstances in meeting one or more of the deadlines for Phase II deployment. Section 1.3 of the Commission's Rules establishes that the Commission may grant relief from its rules for good cause shown. Further, pursuant to Section 1.925(b)(3), the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or contrary to the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-182A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-182A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-182A1.txt
  • After ensuring that 100 percent of all new digital handsets activated are location-capable, licensees must achieve ninety-five percent penetration among their subscribers of location-capable handsets no later than December 31, 2005. Applicable Waiver Standards The Commission has recognized that smaller carriers may face ``extraordinary circumstances'' in meeting one or more of the deadlines for Phase II deployment. Pursuant to Section 1.925(b)(3) of the Commission's Rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-188A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-188A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-188A1.txt
  • conditions and reporting requirements to ensure that SouthernLINC achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Waiver by Southern Communications Services, Inc. d/b/a SouthernLINC Wireless IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-200A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-200A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-200A1.txt
  • conditions and reporting requirements to ensure that Cellcom achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Limited Waiver and Extension of the Commission's Phase II E911 Rules filed by Northeast Communications of Wisconsin, Inc. dba Cellcom IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-201A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-201A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-201A1.txt
  • reporting requirements to ensure that Golden State achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from the Commission's E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules filed by California RSA No. 3 Limited Partnership d/b/a Golden State Cellular IS GRANTED IN PART to the extent described above,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-210A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-210A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-210A1.txt
  • conditions and reporting requirements to ensure that Leaco achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that an extension of time IS GRANTED to Leaco to augment the record with respect to its request for further extensions of time to comply with the location-capable handset sale and activation requirements contained in Section 20.18(g)(1)(i)-(iv), as requested in the Leaco Rural Telephone Cooperative, Inc.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-215A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-215A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-215A1.txt
  • and reporting requirements to ensure that Cellular South achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by Cellular South Licenses, Inc., IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-31A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-31A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-31A1.txt
  • credit thresholds). See United States v. Virginia, 518 U.S. 515 (1996); Adarand Constructors v. Pena, 515 U.S. 200 (1995). See Freeze Public Notice at 18,277; see also supra section II., para. 9. See Freeze Public Notice at 18,278 (citing 800 MHz R&O). See Freeze Public Notice at 18,278 n.7. See Freeze Public Notice at 18,278 n.7 (citing 47 C.F.R. � 1.925). See Informal Opposition of Verizon Wireless, File No. 00001845839, et al. (Verizon Informal Opposition) (filed Sept. 14, 2004) (We note that Verizon filed its opposition prior to the Commission issuing the Freeze Public Notice. Verizon is opposed to the Commission granting the now pending applications for 900 MHz private mobile radio service (PMRS) submitted by ACI 900, Inc., a subsidiary
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-79A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-79A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-79A1.txt
  • Rcd at 14843 � 35; Order to Stay, 18 FCC Rcd at 20997-98 � 30. See Order to Stay, 18 FCC Rcd at 20989 � 3. See id. at 20994-96 �� 17-21. See Non-Nationwide Carriers Order, 17 FCC Rcd at 14846 � 20; Order to Stay, 18 FCC Rcd at 20987 � 2. 47 C.F.R. � 1.3. See also Section 1.925 of the rules, 47 C.F.R. � 1.925(b)(3). See WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), appeal after remand, 459 F.2d 1203 (D.C. Cir. 1972), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio); see also Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990). See WAIT Radio, 418 F.2d 1159. See Order to Stay, 18
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-155A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-155A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-155A1.txt
  • signals because the Commission recently refrained from creating must-carry rights until the DTV transition ends. Discussion. Qualcomm seeks a Commission declaratory ruling establishing a de minimis threshold applicable to all commercial 700 MHz licensees subject to section 27.60. After reviewing the record, we find it more appropriate to analyze Qualcomm's request pursuant to the waiver standard set forth in section 1.925(b)(3). Under this standard, we may grant a waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-15A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-15A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-15A1.txt
  • Specifically, we extend the date that Thumb must achieve 95% penetration until July 31, 2006. We further impose the conditions and reporting requirements described above to ensure that Thumb achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Waiver of the December 31, 2005 95% GPS Subscriber Penetration Requirement filed by Thumb Cellular LLC IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be July
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-162A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-162A1.pdf
  • we extend the date by which Appalachian must achieve 95% penetration to December 31, 2006. We further impose the conditions and reporting requirements described above to ensure that Appalachian achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by East Kentucky Network, LLC d/b/a Appalachian Wireless IS GRANTED, subject to the conditions and reporting requirements specified herein. The
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-16A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-16A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-16A1.txt
  • conditions and reporting requirements to ensure that Farmers achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Farmers Mutual Telephone Company Petition for Temporary and Limited Waiver of Section 21.18(g)(1)(v) of the Commission's Rules filed November 14, 2005 IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements specified
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-171A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-171A1.pdf
  • Dobson has failed to satisfy the Commission's waiver standards. For these reasons, we deny Dobson's request to waive the handset penetration deadline. In light of the particular circumstances faced by Dobson, however, we will not pursue enforcement action with respect to Dobson's failure to timely comply with Section 20.18(g)(1)(v). ordering clauses Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Dobson Cellular Systems, Inc. Request for Limited Waiver of December 31, 2005 E911 Deadline IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See Dobson Cellular Systems, Inc. Request for Limited Waiver of December 31, 2005 E911 Deadline, CC
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-183A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-183A1.pdf
  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3 and 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Request for Limited Waiver by Sprint Nextel Corporation, filed Sept. 29, 2005, IS DENIED. IT IS FURTHER ORDERED that Sprint Nextel is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED that the matter of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-184A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-184A1.pdf
  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 1.3 and 1.925 of the Commission's rules, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Petition for Limited Waiver by Nextel Partners, Inc., filed Oct. 21, 2005, IS DENIED. IT IS FURTHER ORDERED that Nextel Partners is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED that the matter of the non-compliance of Nextel Partners with Section
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-20A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-20A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-20A1.txt
  • reporting requirements to ensure that VA Cellular achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from the Commission's E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for a Limited Waiver and Extension of the Commission's Phase II E911 Rules filed by Virginia Cellular LLC, Inc. d/b/a Cellular One IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-21A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-21A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-21A1.txt
  • NII. As noted above, the 800 MHz Supplemental Order specifically named NII's predecessor, Nextel International, as one of the entities from which a letter was required. However, for the reasons stated below, we grant Sprint Nextel's request to waive the requirement in this instance. The Commission evaluates requests for waiver in wireless proceedings pursuant to guidelines set out in section 1.925(b) of its rules. The party seeking waiver must show that application of the rule in question either would not serve ``[t]he underlying purpose of the rule(s),'' ``would be inequitable, unduly burdensome or contrary to the public interest,'' or ``the applicant has no alternative.'' In support of its waiver request, Sprint Nextel emphasizes that NII is an independent, publicly traded company
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-25A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-25A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-25A1.txt
  • extend the date that South Canaan must achieve 95% penetration until December 31, 2006. We further impose the conditions and reporting requirements described above to ensure that all Petitioners achieve full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Waiver of GPS Handset Penetration Rule by Badlands Cellular of North Dakota Limited Partnership IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be June 30, 2006.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-26A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-26A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-26A1.txt
  • we expect Chinook to have transitioned its subscribers to a network-based E911 Phase II solution. We further impose the conditions and reporting requirements described above to ensure that Chinook achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request For a Limited Waiver and Extension of the Commission's Phase II E911 Rules by MTPCS, LLC dba Chinook Wireless IS GRANTED, subject to the conditions and reporting requirements specified herein. Section 20.18(g)(1)(v) is waived until September 30, 2006.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-2A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-2A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-2A1.txt
  • the date that Appalachian must achieve 95% penetration until June 30, 2006. We further impose the conditions and reporting requirements described above to ensure that Carolina West and Appalachian achieve full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by North Carolina RSA 3 Cellular Telephone Company d/b/a Carolina West Wireless IS GRANTED, subject to the conditions and reporting requirements
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-32A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-32A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-32A1.txt
  • Specifically, we extend the date that Petitioners must achieve 95% penetration until one year following release of this Order, and impose conditions and reporting requirements to ensure that they achieve full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that this Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Waiver of the December 31, 2005 95% GPS Subscriber Penetration Requirement by CTC Telecom, Inc. IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements specified herein. The deadline for compliance
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-36A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-36A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-36A1.txt
  • the date that South Central must achieve 95% penetration until one year following release of this Order. We further impose conditions and reporting requirements to ensure that Petitioners achieve full compliance with the Commission's E911 requirements. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Petition for Temporary Waiver or Temporary Stay by North Dakota Network Company IS GRANTED( subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be September 30( 2006. IT IS FURTHER ORDERED,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-39A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-39A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-39A1.txt
  • conditions and reporting requirements to ensure that C&CC achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Petition for Waiver of Section 20.18(g)(1)(v) filed by Cable & Communications Corporation, IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-40A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-40A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-40A1.txt
  • conditions and reporting requirements to ensure that Pacifica achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the GTE Pacifica, Inc. d/b/a Verizon Pacifica Request for Waiver filed December 19, 2005 IS GRANTED to the extent described above, and subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-41A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-41A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-41A1.txt
  • conditions and reporting requirements to ensure that CVW achieves full compliance with the Commission's E911 requirements. We reiterate that any party seeking a waiver from our E911 rules must demonstrate a clear path to full compliance. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Copper Valley Wireless, Inc. Petition for Waiver or Temporary Stay filed December 20, 2005 IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements specified herein. The deadline for compliance with Sections
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-46A1.txt
  • Memorandum Opinion and Order, Third Memorandum Opinion and Order and Second Report and Order is hereby ADOPTED. IT IS FURTHER ORDERED that he Petitions for Reconsideration filed in these proceedings ARE GRANTED to the extent indicated and are otherwise DENIED. IT IS FUTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the ``Request for Waiver'' filed by W.A.T.C.H. TV Company on April 29, 2005 IS GRANTED. IT IS FURTHER ORDERED, that the proceeding entitled Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Licensing in the Multipoint Distribution Service and in the Instructional Television Fixed Service for the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.txt
  • the assessment of unjust enrichment in the context of the partition and/or disaggregation of licenses). See id. Licensees may, under section 1.946(e) of our rules, request an extension of time to meet the applicable construction requirements. 47 C.F.R. � 1.946(e). Additionally, licensees may also request a waiver of the construction requirement, and this request must meet the requirements of section 1.925 of our rules. 47 C.F.R � 1.925. We note that we will undertake careful scrutiny of requests for extension of the construction requirements filed by designated entities consistent with our rules, obligations under the Communications Act, and legal precedent, and that we will consider , as part of our review, whether the extension request is an effort to defeat the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-59A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-59A1.pdf
  • individual requests for waiver. Instead, the Commission will continue to apply its well-established waiver criteria, and the standard enunciated under the ENHANCE 911 Act, on a case-by-case basis, in evaluating requests for waiver of the December 31, 2005 handset penetration requirement contained in Section 20.18(g)(1)(v) of the Commission's Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Joint Petition for Suspension or Waiver of the Location-Capable Handset Penetration Deadline filed by CTIA - The Wireless Association and the Rural Cellular Association IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX Comments ACS Wireless, Inc. (ACS)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-60A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-60A1.pdf
  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for Limited Waiver by Verizon IS DENIED. IT IS FURTHER ORDERED, that Verizon is subject to the reporting requirements specified herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See Request for Limited Waiver by Verizon Wireless, CC Docket
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-61A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-61A1.pdf
  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Petition for Limited Waiver and Brief Extension of Leap Wireless International, Inc. IS DENIED. IT IS FURTHER ORDERED, that Leap is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED, that the Qwest Wireless, LLC Request for
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-63A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-63A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-63A1.txt
  • for Waiver, filed April 14, 2006. City of Richmond, VA, Third Recommended Resolution and Renewed Request for Waiver, filed April 14, 2006. District of Columbia, Second Recommended Resolution and Renewed Request for Waiver, filed March 10, 2006. Fairfax County, VA, Fourth Recommended Resolution and Renewed Request for Waiver, filed May 4, 2006. This supersedes earlier extension requests. 47 C.F.R. � 1.925(b)(3). The TA has also submitted some extension requests that have become moot because the parties have subsequently reached agreement or the record has been forwarded to PSCID for de novo review and resolution. See State of Maryland and County of Montgomery, Maryland, Consolidated Recommended Resolution and Request for Waiver, filed February 13, 2006; City of Chicago, Illinois, Recommended Resolution and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-64A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-64A1.pdf
  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Alltel Corporation Petition for Limited Waiver IS DENIED. IT IS FURTHER ORDERED, that Alltel is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED that the matter of Alltel's non-compliance with Section 20.18(g)(1)(v) SHALL BE REFERRED to
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-65A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-65A1.pdf
  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Request of Centennial Communications Corp. for Limited Waiver/Extension of Location-Capable Handset Penetration Deadline IS DENIED. IT IS FURTHER ORDERED that Centennial is subject to the reporting requirements specified herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Request of Centennial
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-66A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-66A1.pdf
  • this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Request for a Limited Waiver of United States Cellular Corporation IS DENIED. IT IS FURTHER ORDERED, that USCC is subject to the reporting requirements specified herein. IT IS FURTHER ORDERED, that the matter of USCC's non-compliance with Section 20.18(g)(1)(v)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-76A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-76A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-76A1.txt
  • steps to ensure that negotiations proceed in a fair and expeditious manner, and stressed the importance of Sprint providing sufficient resources to engage in meaningful negotiations with public safety licensees. In order to extend the mandatory negotiation period as requested by the TA, we must waive Section 90.677(c) of the Commission's Rules, which specifies a three-month mandatory negotiation period. Section 1.925 of the Commission's rules states that a rule waiver is warranted if ``(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or unusual circumstances of the case, application
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-7A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-7A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-7A1.txt
  • of location-capable handsets. Specifically, we extend the date that NTELOS must achieve 95% penetration until November 1, 2006, and impose conditions and reporting requirements to ensure that NTELOS achieves full compliance with the Commission's E911 requirements. ordering clauses Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that The NTELOS Companies Petition for Limited Waiver filed October 21, 2005 IS GRANTED IN PART to the extent described above, and subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be November
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-9A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-9A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-9A1.txt
  • we extend the date that Midwest must achieve 95% penetration until June 30, 2006. We further impose the conditions and reporting requirements described above to ensure that the Petitioners achieve full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that the Petition for Temporary and Limited Waiver of Section 20.18(g)(1)(v) of the Commission's Rules by LL License Holdings, Inc. IS GRANTED, subject to the conditions and reporting requirements specified herein. The deadline for compliance with Section 20.18(g)(1)(v) will be December
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-107A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-107A1.pdf
  • the affected areas and shelters around the country. See Written Statement of Kevin J. Martin, Chairman, Federal Communications Commission at Hearing on Public Safety Communications from 9/11 to Katrina: Critical Public Policy Lessons, Before the Subcommittee on Telecommunications and the Internet, Committee on Energy and Commerce, U.S. House of Representatives (September 29, 2005). See, e.g., 47 C.F.R. �� 1.3, 1.915(b), 1.925, 1.931(b)(5). See, e.g., 47 C.F.R. � 90.407 (providing a self-actuating mechanism whereby private land mobile and public safety licensees may utilize their radio stations for emergency communications in a manner other than that specified in the station authorization or in the rules and regulations governing the operation of such stations, during a period of emergency in which the normal communication
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-10A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-10A1.pdf
  • that the Commnet Carriers have not presented an adequate basis for reconsidering the Commission's denial of their requested waivers of the E911 requirements in the Tier III Carriers Order. Our denial of the Joint Petition is without prejudice to the filing of a new, more limited and focused request for relief, consistent with the waiver standards set out in Section 1.925 of the Commission's rules, and the Commission's E911 Phase II waiver standards, including a demonstration of a clear path to full compliance. ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 405, and Sections 1.3, 1.106, and 1.925 of the Commission's rules, 47 C.F.R.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-126A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-126A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-126A1.txt
  • voice network that would be of little utility to mariners, solely for the purpose of meeting the construction deadline. On December 4, 2003, the Division released the Waiver Order, granting MariTEL's request and extending MariTEL's initial construction deadline for two years, until May 19, 2006. The Division concluded that MariTEL had demonstrated that the requested waiver was warranted under Section 1.925(b)(3)(ii) of the Commission's Rules. Specifically, the Division determined that MariTEL had demonstrated unique or unusual circumstances by virtue of the dramatic drop in its subscriber base and call volume due to the increasing availability and decreasing costs of competing voice services. These circumstances supported MariTEL's contention that a voice-based public coast service was no longer economically viable. The Division also
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.txt
  • spectrum. � 90.1432 Conditions for waiver to allow limited and temporary wideband operations in the 700 MHz Public Safety spectrum. (a) Wideband operations in the 700 MHz Public Safety spectrum. Wideband operations are prohibited in the public safety allocation of the 700 MHz band public safety spectrum except where the Commission has granted a waiver pursuant to �� 1.3 and 1.925 of this chapter and subject to the additional conditions and requirements specified below. Grants of waiver are restricted to the deployment of a wideband system in the consolidated narrowband portion or the internal public safety guard band portion of the public safety broadband spectrum. Where spectrum in the narrowband segment or internal guard band segment is unavailable for wideband operations,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-141A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-141A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-141A1.txt
  • of Cameron Letter. West Liberty Letter. Ohio County Letter; City of Cameron Letter. West Liberty Letter. See Waiver Requests at 1 and 47 C.F.R. � 1.913(b). See Waiver Requests at 1 and 47 C.F.R. � 27.1201(c)(3) (2005). See Waiver Requests at 1. See also NPRM and MO&O, 18 FCC Rcd at 6811 � 226, 6825 � 260. 47 C.F.R. � 1.925(b)(3). See 47 C.F.R. � 1.913(b). BTA Auction Order, 10 FCC Rcd at 9612 � 41. Waiver Request at 7 and Waiver Request at Appendix 1. The BTAs, portions of which are within the GSAs proposed in StratusWave's applications, are as follows: B082 Clarksburg-Elkins, WV, B137 Fairmont,WV, B306 Morgantown, WV, B 431 Steubenville/Weirton, OH/WV, and B471 Wheeling, WV. Id. TVCN's request
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-163A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-163A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-163A1.txt
  • 333 and 706 of the Communications Act of 1934, 47 U.S.C. �� 151, 152, 154(i), 157, 160, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332, 333, and 706, that this Report and Order is hereby ADOPTED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, that the Petition for Waiver filed by Nextlink Wireless, Inc. on August 4, 2006, the Petition for Waiver filed by First Avenue Networks, Inc. on August 10, 2006, the Petition for Waiver and Expedited Action filed by Telecom Transport Management, Inc. on September 8, 2006, and the Petition for Expedited Waiver Pending Rulemaking filed by Conterra
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-167A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-167A1.pdf
  • and reporting requirements set forth herein. IT IS FURTHER ORDERED that the 800 MHz Transition Administrator, on January 15, 2008, shall submit a report on the progress of band reconfiguration to the extent described herein. IT IS FURTHER ORDERED pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 of the Commission's Rules, 47 C.F.R. � 1.925 that the Requests for Waiver submitted by the Cities of Bethlehem and Reading, Pennsylvania, and Covington, Georgia, and the Counties of Rockdale, Newton, Walton, and Spalding, Georgia, in the above-captioned proceeding ARE GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary STATEMENT OF CHAIRMAN KEVIN J. MARTIN Re:
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-16A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-16A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-16A1.txt
  • peak EIRP for rural areas (based on a PSD of 8 kW/MHz), would promote deployment of service to rural and underserved areas, where it would be difficult to justify the number of base stations required to serve vast, sparsely populated areas with a 2 kW peak EIRP limit. We find that grant of the requested relief is appropriate under Section 1.925(b)(3)(i), which provides that a waiver may be granted if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest.'' The Commission adopted the 2 kW peak EIRP limit in Section 27.50(f)(1)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-195A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-195A1.pdf
  • we provide Virginia limited waiver relief of the prohibition on new narrowband operations outside of the consolidated channels after August 30, 2007. As further explained below, we will determine the duration of such relief, and whether Virginia is entitled to reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the Petition and associated public record. Section 1.925 states that to obtain a waiver of the Commission's rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-197A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-197A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-197A1.txt
  • decisions regarding its provision of service,'' and, absent appropriate safeguards, might result in abuse that could impede the designated entity's ability to become a facilities-based services provider, contrary to the intent of Congress. Accordingly, if an applicant or a licensee has an impermissible material relationship, it is ineligible under our rules for the award of designated entity benefits. Under section 1.925, we have discretion to waive a wireless services or auction rule on our own motion if we find that either (i) the underlying purpose of the rule would not be served, or would be frustrated, by its application in the case at hand, and a grant of the requested waiver would be in the public interest or (ii) the unique
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-200A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-200A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-200A1.txt
  • they offered to subscribers. All of the petitioners listed two or more allegedly compliant GSM dual-band handsets that they were offering as of the date of the report. Subsequently, at the request of Commission staff, several of the petitioners filed supplements, providing the FCC ID Number associated with the allegedly compliant models that they were offering. DISCUSSION Pursuant to Section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant would be in the public interest; or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-225A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-225A1.pdf
  • to use only frequencies in the 773-775 and 803-805 MHz bands to supplement its public safety communications system in Downstate New York before February 17, 2009, the established date for completion of the DTV transition. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the Request for Waiver of Section 90.545 Regarding 700 MHz Public Safety System Interference Protection for Co-Channel and Adjacent Channel Television Stations, filed by the State of New York on October 24, 2005, as amended, IS GRANTED AS CONDITIONED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX Table of TV Stations
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-51A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-51A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-51A1.txt
  • III wireless carriers on or shortly before September 16, 2005, seeking waivers of the hearing aid compatibility requirements taking effect on that date. Most importantly, the carriers contend generally that they were unable to comply with the applicable preliminary handset deployment requirement because the requisite hearing aid-compatible handsets were unavailable to them as of September 16, 2005. Pursuant to Section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-5A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-5A1.pdf
  • to a limited extension of the deadline by which it was required to achieve 95% penetration among its subscribers of location-capable handsets. Accordingly, we grant, nunc pro tunc, Illinois Valley's request for additional waiver and extend the date by which Illinois Valley must achieve 95% penetration to December 12, 2006. ordering clauses IT IS ORDERED, pursuant to sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED, that Illinois Valley's Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules IS GRANTED, nunc pro tunc. The deadline for compliance with section 20.18(g)(1)(v) of the Commission's rules is December 12,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-87A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-87A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-87A1.txt
  • Part 80 rules, in order to reduce potential administrative burdens, delay and uncertainty. As a preliminary matter, we note that waivers of the Part 80 rules by parties seeking to use VPC or AMTS spectrum for land mobile radio operations are, like other waivers of the rules pertaining to Wireless Radio Services, assessed under the criteria set forth in Section 1.925 of the Commission's Rules. In that context, we will expect such waiver applicants to explain, inter alia, how they intend to provide priority to maritime communications or why they believe the requirement should be waived. Second, the distance of a proposed land mobile radio operation from the nearest navigable waterways will be a factor in evaluating whether to grant the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-89A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-89A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-89A1.txt
  • HARK System. More recently, the Airspace and Rules Group of the Federal Aviation Administration (FAA) filed a statement in which it said: ``We would not be opposed (to) the FCC issuing waivers to 47 C.F.R. Section 17.47(b) provided the applicant can demonstrate a safe and reliable automatic monitoring system with tracking mechanisms to evaluate the remote monitoring technology.'' DISCUSSION Section 1.925 of the Commission's Rules provides that, with respect to wireless telecommunications services, the Commission may grant a request for waiver if it is shown that: ``(i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest;
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-99A1.pdf
  • busy channel. Dynamic Frequency Selection will allow transmitters to assess if channels are in use by others, and to change frequency and bandwidth. Transmission Power Control based on [equivalent isotropically radiated power] will allowtransmitters to change power. Id. 87See BRN Petition at 1-2. 88See, e.g.,WCA Opposition at 12-16; Motorola Opposition at 3-6. 89SeeBRN Phoenix Petition at 11. 90Cf.47 C.F.R. � 1.925(b)(3). 913650 MHz Order, 20 FCC Rcd at 6519, � 47. Federal CommunicationsCommission FCC 07-99 17 operators. To this end, the Commission adopted a peak power density of 25 Watts per 25 MHz of bandwidth and no greater than 1 watt per 1 MHz of bandwidth for fixed operationsand imposed a limit of 1 Watt per 25 MHz of bandwidth for
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-9A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-9A1.pdf
  • by which Washington RSA 8 must achieve 95% penetration to August 8, 2007. We further impose the conditions and reporting requirements described herein to ensure that Washington RSA 8 achieves full compliance with the Commission's E911 requirements. ordering clauses IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L. No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the foregoing Order IS ADOPTED. IT IS FURTHER ORDERED that the Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules by Washington RSA No. 8 Limited Partnership IS GRANTED IN PART, subject to the conditions and reporting requirements specified herein.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-23A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-23A1.pdf
  • Licenses in Waves 1 and 2 must file requests for waiver no later than March 17, 2008, while Wave 3 licensees and non-border Wave 4 licensees must file their requests no later than April 15, 2008. Licensees may file waiver requests after these deadlines if they are based on subsequent developments. Filing Procedures mailbox or pursuant to 47 CFR � 1.925. Licensees should provide copies of requests to both Sprint and the 800 MHz Transition Administrator (TA). Requests will be posted on the Bureau website and in the licensee's Universal Licensing System (ULS) file. For ULS posting purposes, we recommend that licensees with multiple call-signs designate a lead call-sign in the request. Coordinated Requests We encourage licensees that are part of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-244A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-244A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-244A1.txt
  • Rcd at 15127 �� 335-36. See Freeze Public Notice, 19 FCC Rcd at 18277. See id.; see also 800 MHz R&O, 19 FCC Rcd at 15127-28 � 337. See Freeze Public Notice, 19 FCC Rcd at 18278, citing 800 MHz R&O. See Freeze Public Notice, 19 FCC Rcd at 18278 n.7. See id. at 18278 n.7, citing 47 C.F.R. � 1.925. Notice, 20 FCC Rcd at 3815-16 �� 1-3; 3819-20 �� 12-14. Id. at 3823 �26. Id. at 3824 � 30. Id. at 3825-27 �� 34-35. Id. at 3832-34 �� 57-63. Id. at 3835-36 �� 64-68. Id. at 3836 � 66. See Appendix A infra for a list of parties submitting comments, reply comments, and/or ex parte filings in response to
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-253A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-253A1.pdf
  • Opposition of Spectrum Acquisitions, Inc., filed July 25, 2008 (SAI Opposition). Id. at 14-16. Id. at 18-19. Id. at 4-5 (citing SAI comments filed June 23, 2008 in WT Docket No. 06-150). 800 MHz 3rd MO&O, 22 FCC Rcd at 17217 � 28. Id. Sprint Petition at 1-2. Id. at 3. Id. at 5. Id. at 3. 47 C.F.R. � 1.925(b)(3)(ii). See WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). Sprint Petition at 2. See also Federal Communications Commission Provides Guidance for Submission of Requests for Waiver of June 26, 2008 Deadline for Completion of 800 MHz Rebanding, Public Notice, 23 FCC Rcd 664 (2008). Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Order, 23
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-57A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-57A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-57A1.txt
  • had just received its January bills and inquiring about its payment obligations. On the same day, Morris wired to the Commission the amounts that had been due on July 31, 2001. On May 2, 2002, Morris filed a request for waiver of the automatic cancellation of the nine licenses. Morris argued, inter alia, that a waiver was warranted under Section 1.925(b)(3)(ii) of the Commission's rules because its timely submission of installment payments for approximately five years prior to the default and the circumstances surrounding Colson's administration of the Commission's loan portfolio were unique circumstances that rendered the strict application of the installment payment rules inequitable, unduly burdensome, and contrary to the public interest. More specifically, Morris claimed that Colson's loan servicing
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-67A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-67A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-67A1.txt
  • they have taken to come into compliance, providing the delivery status of compliant handsets, and providing the date on which they expect to achieve or have achieved compliance. They especially opposed any extension beyond January 1, 2007, and asked that the Commission impose meaningful penalties, including fines, if carriers failed to meet this new deadline. Waiver Standard. Pursuant to Section 1.925(b)(3) of the Commission's rules, the Commission may grant a request for waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant would be in the public interest, or, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-82A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-82A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-82A1.txt
  • Company, Inc.'s applications to renew Stations WLK382, WNTC500, WNTC664, and WNTD797, File Nos., 20021231AAB, 20021231AAC, 20021231AAD and 20021231AAE ARE REINSTATED AND ARE REFERRED to the Wireless Telecommunications Bureau, Broadband Division for further processing consistent with this Memorandum Opinion and Order. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 27.1231(g) of the Commission's Rules, 47 C.F.R. �� 1.925, 27.1231(g), that the Request for Waiver filed by Oklahoma Western Telephone Company, Inc. on April 13, 2007 IS DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 27.1231(g) of the Commission's Rules, 47 C.F.R.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1.txt
  • lift the application freeze in the 928/952/956 MHz MAS bands listed in Appendix F of this Report and Order, filed between July 1, 1999 and the release date of this Report and Order, are DISMISSED AS MOOT. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that any WAIVER REQUESTS listed in Appendix F of this Report and Order, filed in conjunction with applications for the 928/952/956 MHz MAS bands between July 1, 1999 and the release date of this Report and Order, are DISMISSED AS MOOT and any associated applications ARE DISMISSED without prejudice. IT IS FURTHER
• http://hraunfoss.fcc.gov/edocs_public/attachmatch//DOC-290684A1.pdf
  • to the instant case, and . . . a grant of the requested waiver would be in the public interest; or, 9 (ii) In view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. 47 C.F.R. � 1.925(b)(3). The FCC may grant a waiver of the automatic cancellation of a license due to a missed payment deadline if the deadline was missed due to "inadvertence or administrative error." Winstar Broad. Corp., 17 F.C.C.R. 6126, 6128 (Mar. 25, 2002); see Delta Radio, Inc. v. FCC, 387 F.3d 897, 901 (D.C. Cir. 2004) ("The FCC's policy is to grant waivers
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1336A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1336A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1336A1.txt
  • even if it had a budget for subscribing to a commercial carrier's radio communication service, such subscription would not be an efficient use of the taxpayer's money as the going rate for two-way radio service in the Fresno metropolitan area is in excess of $30 per mobile unit per month. 11. We disagree. First, we remind Fresno that, under Section 1.925(b)(3)(ii) of the Commission's Rules, a showing of unique or unusual circumstances is a prerequisite to obtaining a waiver based on a lack of reasonable alternatives. Fresno has not claimed or demonstrated any such circumstances, and, as we have held before, ``[w]e do not believe that an inadvertent failure to renew a license in a timely manner is so unique or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1346A1.doc
  • also ``would significantly minimize the burden on the Commission's database administration and record keeping staff'' while still affording the Commission and the public timely notice of the reorganizations undertaken. Therefore, we grant the Petition. 4. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), and sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.925, the Petition for Waiver filed on May 9, 2000, by SBC Communications Inc. and BellSouth Corporation IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION William Kunze Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. �� 1.948(c)(1)(iii) and (d). See Letter from Patrick Grant, Esq. and Philip Horton, Esq. of Arnold &
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1354A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1354A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1354A1.txt
  • allocated for private radio use (2130-2150 MHz and 2180-2200 MHz). We therefore deny SWPSC's request that we waive Section 101.101 of the Rules. Because denial of SWPSC's waiver request renders its applications defective, we dismiss SWPSC's applications without prejudice. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Temporary Waiver of Section 101.101 of the Commission's Rules of Southwestern Public Service Company, filed on May 17, 1999, IS DENIED. IT IS FURTHER ORDERED that that pursuant to Sections 4(i) and 303 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 303, and Sections 1.925 and 1.934
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1404A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1404A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1404A1.txt
  • to provide service in its license area to at least one-third of the population within five years of originally being licensed, and two-thirds within ten years. Accordingly, when American Wireless was assigned Bay Springs's license, American Wireless assumed responsibility for meeting those same ``build-out'' requirements by the June 23, 2000 deadline for PCS B Block licenses. Pursuant to Commission rule 1.925, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) in view of the unique or unusual factual circumstances of the instant case, application of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1465A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1465A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1465A1.txt
  • are consistent with the Commission's Rules and in furtherance of the public interest are available to PMJV. IV. CONCLUSION Based on the record in this proceeding, we find that PMJV has failed to demonstrate that grant of a waiver of Section 101.701(c) of the Commission's Rules is warranted. PMJV's waiver request did not include a sufficient showing pursuant to Section 1.925(b)(3) of the Commission's Rules. Therefore, we deny PMJV's request for a waiver of Section 101.701(c). V. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Waiver Request filed by Pacific Microwave Joint Venture on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1525A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1525A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1525A1.txt
  • in their licensed areas within ten years of their initial license grant. The five-and ten-year benchmarks applicable to WPOI208 are June 23, 2000 and June 23, 2005, respectively. Even though GTE now holds the authorizations for both the BTA and the MTA, there remain separate build-out benchmarks for each of the two licenses. III. Discussion 3. Pursuant to Commission Rule 1.925, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where petitioner establishes unique or unusual factual circumstances, application of the rule would be inequitable,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2223A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2223A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2223A1.txt
  • 0.331 of the Commission's rules, 47 C.F.R. � 0.331, that the Petition to Dismiss or Deny of Thumb Cellular Limited Partnership and the Conditional Objection to Minor Amendment of Thumb Cellular Limited Partnership ARE DENIED. IT IS FURTHER ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.925, the Petition for Waiver of CMRS Spectrum Cap Rule, codified in section 20.6 of the Commission's rules, filed on May 4, 2000, by SBC Communications Inc. and BellSouth Corporation, IS GRANTED until January 27, 2001, with respect to the cellular-PCS overlap in the Los Angeles-San Diego MTA. IT IS FURTHER
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2312A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2312A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2312A1.txt
  • these stations, it must file new, properly coordinated applications. If FNB desires to continue operating these facilities until it files new license applications, it must obtain authorization to do so. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the petition for reconsideration and waiver request filed by First National Bank of Berryville on April 13, 2000, is DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2411A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2411A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2411A1.txt
  • of a system that enhances the safety of the general public located within its service area. We therefore grant Denton's requests for waiver of the General Category freeze and Section 90.621 of the Commission's Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communication Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the Request for Waiver filed by the City of Denton, Texas on July 12, 2000, is GRANTED. IT IS FURTHER ORDERED that the application to modify the license for Station WNGC433, FCC File No, A057457, filed by the City of Denton on July 12, 2000, is REFERRED to the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2443A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2443A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2443A1.txt
  • of the financial obligations described above will result in automatic cancellation of the Commission's approval hereunder and in dismissal of the relevant assignment or transfer of control applications. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i) and (j), 309, and 310(d), and sections 0.331, 1.925(a), and 1.2111(a) of the Commission's rules, 47 C.F.R. �� 0.331, 1.925(a), 1.2111(a), that the underlying purposes of the disclosure requirements of section 1.2111(a) of the Commission's rules would not be served by application of the rule to the instant applications, and therefore, section 1.2111(a), IS WAIVED. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2451A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2451A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2451A1.txt
  • Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, the Petition for Reconsideration filed by American Medical Response on August 25, 2000, IS GRANTED. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925(b)(3), and 90.621(e)(1) of the Commission's Rules, 47 C.F.R. �� 1.925(b)(3), 90.621(e)(1), the Request for Waiver filed by American Medical Response on September 8, 1999, IS GRANTED, as set forth above. IT IS FURTHER ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Sections 1.106 and 1.948 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2577A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2577A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2577A1.txt
  • Dataradio develops, manufactures, and implements wireless products and networks supporting data applications for mobile and fixed uses in the public safety and private wireless communities. On December 20, 1999, Dataradio requested a waiver of Section 90.547 to allow it to manufacture 700 MHz band public safety radios that do not operate on the nationwide interoperability channels. III. DISCUSSION 4. Section 1.925 of the Commission's Rules provides that a rule waiver will not be granted unless an applicant shows that either: (a) the underlying purpose of the rule will not be served or would be frustrated by its application in the particular case, and that grant of the waiver is in the public interest; or (b) the unique facts or unusual circumstances
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2674A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2674A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2674A1.txt
  • the Order on March 17, 2000 to describe such arrangement in more detail. We have reviewed LMDSC's Petition and determined that its arguments were fully considered in the Order. Accordingly, we deny LMDSC's Petition. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communication Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.106, 1.925, 1.2109(a), 1.2109(c), 1.2104(g) and 101.1105(b) of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, 1.2109(a), 1.2109(c), 1.2104(g) and 101.1105(b), the petition for reconsideration filed by the LMDS Communications, Inc. on April 17, 2000, IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2682A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2682A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2682A1.txt
  • on these facts, we conclude that it would be inequitable to accord secondary status to Station WJM73. Accordingly, given the unusual circumstances of this case, we grant Range a waiver of Section 101.81 of the Commission's Rules. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Sections 1.925, 1.945 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.945 and 101.69, the Request for Waiver filed by Range Telephone Cooperative, Inc. filed by Range Telephone on March 29, 2000, IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2690A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2690A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2690A1.txt
  • 928/959 MHz bands would be permitted to make certain modifications to existing systems as long as the signal level is not increased beyond the incumbent's 25-mile service area. It did not, however, modify the freeze on applications for new licenses or license modifications in the 928/959 MHz band. Discussion. We find that Texas Eastern has fulfilled the requirements of Section 1.925 of the Commission's Rules by specifically demonstrating that the purpose of the application freeze would not be served by its application in this instance. Texas Eastern seeks to modify its application by changing the antenna polarization for Station WNTQ319 from vertical to horizontal. Under the Commission's Part 1, this action is deemed a major modification. As a result, a waiver
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2719A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2719A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2719A1.txt
  • Learning wishes to obtain a valid authorization for these stations, it must file new, properly coordinated FMS applications. If World Learning desires to continue operating these facilities until it receives new authorizations, it must obtain authorization to do so. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver filed by World Learning, Inc. on April 10, 2000, IS DENIED. IT IS FURTHER ORDERED that the applications to renew the licenses for Stations WNTC203, Brattleboro, Vermont (FCC File No. 0000105716); and WNTC204, Chesterfield, New Hampshire (FCC File No. 0000105742) filed by World Learning, Inc. on April 10,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2737A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2737A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2737A1.txt
  • 2000, when PSI filed its request to waive Section 80.49 of the Commission's Rules. For that reason, we conclude that PSI's waiver request is moot. In addition, the Commission's licensing database will be modified accordingly. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.925 and 1.955 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.955, the waiver request filed by Paging Systems, Inc., on October 17, 2000 IS DISMISSED AS MOOT. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2752A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2752A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2752A5.txt
  • Matter of Extending Wireless Telecommunications Services to Tribal Lands, Report and Order and Further Notice of Proposed Rule Making, FCC 00-209, 15 FCC Rcd. 11,794, 11803, at � 25 (``Tribal Lands Order''). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(e)(3), the applicant must submit a waiver request, pursuant to section 1.925 of the Commission's rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit H: Tribal Land Waiver Requests,'' at D-13. NOTE: For technical reasons, applicants will not be able to amend their applications to specify the tribal lands to be served and provide tribal government certifications for each market until December
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2760A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2760A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2760A1.txt
  • warranted in this case. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau See Request for Waiver of MPCS Wireless, Incorporated for the Upfront Payment Deadline for Auction No. 35 (November 30, 2000) (``Request''). 47 C.F.R. � 1.2106(c). 47 C.F.R. � 1.925(b)(3). See ``C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids, Upfront Payments and Other Procedural Issues,'' Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35 Procedures Public Notice''). See Auction No. 35 Procedures Public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2803A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2803A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2803A1.txt
  • disagree. In previous Section 337 decisions, we have explained that these factors are not determinative. Consequently, in this matter, we conclude TNDOT has not met its burden to show that no other spectrum allocated for public safety service is immediately available. Finally, on August 18, 2000, TNDOT submitted a Supplement to its Petition requesting a waiver, in accordance with Section 1.925 of the Commission's rules, to enable it to use the paging frequencies it requested in its October 4, 1999 application. Section 1.925 of the Commission's rules permits waiver of the Commission's rules if: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case and that a grant of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2845A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2845A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2845A1.txt
  • for certification in the United States. There is no provision in the Commission's Rules for operating on 406.028 MHz as envisioned by the new COSPAS/SARSAT standards. Accordingly, certification of 406.028 MHz EPIRBs currently may not be obtained absent a waiver of Section 80.1061 of the Commission's Rules. On November 6, 2000, we placed McMurdo's request on public notice. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2922A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2922A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2922A1.txt
  • however, that a denial of the waiver request does not mean that Sierra Pacific may not operate the subject station; rather, Sierra Pacific's operation of such station will be accorded secondary status. V. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) and 405 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 405, and Sections 1.925, and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, and 101.69, the Request for Waiver of Sierra-Pacific Power Company, filed June 22, 1999, IS DENIED. 10. IT IS FURTHER ORDERED that application FCC File No. 750111 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division for processing consistent with this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-721A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-721A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-721A1.txt
  • of the parties to comply with this obligation will result in automatic cancellation of the Commission's approval hereunder and in dismissal of the relevant transfer of control or assignment applications. IT IS ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), 309, and 310(d), and section 1.925(a) of the Commission's rules, 47 C.F.R. � 1.925(a), that the requirement in 47 C.F.R. � 1.948(c)(1)(iii) and (d) that notices of consummation and FCC Forms 602 be filed subsequent to the occurrence of pro forma transfers of control or assignments IS HEREBY WAIVED with respect to those transfers of control and assignments involved in the international and domestic reorganization of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-925A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-925A1.txt
  • above filed by Arch Communications Group, Inc., Paging Network, Inc., and/or the shareholders and/or affiliates of these companies in the above-captioned proceeding to transfer control of Commission licenses ARE GRANTED. IT IS FURTHER ODERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), 309, 310(d), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, that the request of Arch Communications Group, Inc. and Paging Network, Inc. for a waiver of Section 24.101(a) of the Commission's rules, 47 C.F.R. � 24.101(a), is GRANTED in part and DENIED in part, as described herein. This action is taken on delegated authority under section 0.331 of the Commission's rules, 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1073A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1073A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1073A1.txt
  • of the Aguas Buenas facility would count towards completion of the construction requirement. However, because North Sight did not file its modification application until three weeks after the construction deadline, the application was untimely and subject to dismissal under the 800 MHz application freeze, and the license was subject to cancellation for failure to construct at the original site. Section 1.925 of the Commission's rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1084A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1084A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1084A1.txt
  • for Stations WAP578, KAY54, KAY53, WJI81, and WJI80 should not have been accorded secondary status as a result of the Branch's modification applications discussed herein. Consequently, we will reissue the licenses with primary status. 6. ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 405, and Sections, 1.106, 1.925, and 101.81 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, 101.81, the Petition for Reconsideration, filed on January 8, 2001 by Corn Belt Power Cooperative IS GRANTED, and the licenses for Stations WAP578, KAY54, KAY53, WJI81, and WJI80 will be reissued with primary status. 7. This action is taken under designated authority pursuant to Sections 0.131 and 0.331 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1104A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1104A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1104A1.txt
  • a manufacturer of marine radio equipment, and the Association of American Railroads (AAR), an FCC-certified frequency coordinator for private land mobile radio service frequencies which also represents the railroad industry. Reply comments were received from Maritel and Simrad, Inc. (Simrad), one of the equipment manufacturers listed in Exhibit A to the Waiver Request. III. DISCUSSION Contentions of the Parties. Section 1.925 of the Rules specifies that the Commission may grant a waiver upon a showing either that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1156A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1156A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1156A2.txt
  • by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) in view of unique or unusual factual circumstances of the instant case, application of the rule would be inequitable, unduly burdensome, or contrary to the public interest, or the applicant has no reasonable alternative. See 47 C.F.R. � 1.925(b)(3). For the reasons stated below, we find that the Public Safety Coordinators have justified the requested waivers of the rules. In the request for waiver of the mandatory electronic filing deadline, APCO indicates that due to the many challenges faced during the conversion of Public Safety Land Mobile services to ULS, it does not feel it is prepared to commit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1161A1.txt
  • Serv. Co. v. Wilderness Soc'y., 421 U.S. at 257-8; Boeing, 444 U.S. at 478) (emphasis added). Zimsky, 9 FCC Rcd. 3239; Common Fund Order, 15 FCC Rcd. at 20437, � 10. Id. 47 C.F.R. � 1.3 (Section 1.3 of the Commission's Rules provides the Commission with the authority to grant waivers ``if good cause therefor is shown.''); 47 C.F.R. � 1.925 (``The Commission may grant a waiver request if: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest or, (ii) in view of the unique circumstances of the instant case, application of the rule(s) would
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1172A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1172A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1172A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit B B B B B B DA 01-1172 May 8, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON LEAP WIRELESS INTERNATIONAL, INC.'S REQUEST FOR WAIVER AND EXTENSION OF BROADBAND PCS CONSTRUCTION REQUIREMENTS Comment Date: May 22, 2001 Reply Comment Date: May 30, 2001 Pursuant to section 1.925(c) of the Commission's rules, 47 C.F.R. � 1.925(c), the Wireless Telecommunications Bureau seeks comment on the Request for Waiver and Extension of Broadband PCS Construction Requirements filed on April 26, 2001, by Leap Wireless International, Inc., on behalf of itself and its affiliates and subsidiaries (collectively, ``Leap''). Leap requests waiver of section 24.203(a) and (b) of the Commission's rules, 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1191A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1191A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1191A1.txt
  • be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. 47 C.F.R.�� 1.925(b)(3)(i), (ii). In its Waiver Request, Shell states that the Deer Park plant is a fully integrated petrochemical facility that stores, refines, and manufactures crude oil into various products such as gasoline, lubrication oil, diesel fuel, and petroleum solvent. Because of these activities, and the fact that there are over one-half million people living within 6.5 miles of the Deer Park
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-121A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-121A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-121A1.txt
  • COMMUNICATIONS COMMISSION News media information 202/418-0500 445 12th St. SW Fax-On-Demand 202/418-2830 WASHINGTON, D.C. 20554 Internet: http://www.fcc.gov ftp.fcc.gov DA 01-121 Released: January 18, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON FCI 900, INC.'S EXPEDITED REQUEST FOR 3-YEAR EXTENSION OF 900 MHZ BAND CONSTRUCTION REQUIREMENTS Comment Date: February 1, 2001 Reply Comment Date: February 8, 2001 Pursuant to Sections 1.3 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.3 and 1.925, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the Request for Expedited Waiver filed by FCI 900, Inc., a wholly-owned subsidiary of Nextel Communications, Inc. (collectively, Nextel). Nextel requests waiver of Section 90.665(c) of the Commission's Rules, 47 C.F.R. � 90.665(c), to extend the 5-year construction period for 900
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-122A1.txt
  • 202/418-0500 445 12th St. SW Fax-On-Demand 202/418-2830 WASHINGTON, D.C. 20554 Internet: http://www.fcc.gov ftp.fcc.gov DA 01-122 Released: January 18, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON NEOWORLD LICENSE HOLDINGS, INC.'S REQUEST FOR WAIVER OF 900 MHZ BAND CONSTRUCTION REQUIREMENTS AND PETITION FOR DECLARATORY RULING Comment Date: February 1, 2001 Reply Comment Date: February 8, 2001 Pursuant to Sections 1.2, 1.3 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.2, 1.3 and 1.925, the Wireless Telecommunications Bureau (Bureau) hereby seeks comment on the Request for Waiver and Petition for Declaratory Ruling filed by Neoworld License Holdings, Inc. (Neoworld), an indirect wholly-owned subsidiary of Neoworld License Holdings, LLC, on January 10, 2001. Neoworld requests waiver of Section 90.665(c) of the Commission's Rules, 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1256A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1256A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1256A1.txt
  • Rcd 1134, 1135 � 7 (1996). See id.; see also Unified Policy Public Notice, 14 FCC Rcd at 11186. Reconsideration Petition at 3. Id. In addition, we believe that a waiver request regarding the Branch's August 27, 2000 action made in the context of a reconsideration request at this juncture is a procedurally flawed approach. See 47 C.F.R. �� 1.106(c), 1.925. (continued....) Federal Communications Commission DA 01-1256 Federal Communications Commission DA 01-1256 - g h � � �@��� � @& �0� �0� �0� �0� �0� �0� ���
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-125A1.txt
  • their own modern communications networks. The waivers sought by IL Coop would enable it to use spectrum interchangeably among its users without regard to the end user's eligibility. IL Coop states that it needs this flexibility in order to provide all of its users access to the entire system because some sites utilize only Business or I/LT channels. discussion Section 1.925 of the Commission's Rules permits a rule waiver if the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest. Alternatively, an applicant's request for waiver may also be granted if, in view of unique or unusual factual circumstances,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1297A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1297A1.pdf
  • ULS File No.0000320045. Neoworld also provided a list of MTAs where it holds 900 MHz licenses. Second, although Nextel's paper filing of its waiver request does not comply with the electronic filing requirements of Section 1.913(b), it is clear which licenses are covered by the request because Nextel unequivocally seeks relief on behalf of all 900 MHz MTA licensees. Section 1.925(a) of the Commission's rules provides that the Commission may, on its own motion, waive specific requirements of its rules. We find that Nextel's request for relief for all licensees in the 900 MHz band warrants waiver of the electronic filing requirement contained in Section 1.913(b) with respect to Nextel's Waiver Request. B. Neoworld Declaratory Ruling Request Neoworld requests a declaratory
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1319A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1319A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1319A1.txt
  • and Order, Fifth Report and Order, and the Fourth Further Notice of Proposed Rulemaking, 15 FCC Rcd 15293, 15 FCC Rcd 21520 (2000) (``Part 1 Third Report and Order Recon''). These changes have no effect on our evaluation of the Petition. 47 C.F.R. � 1.2110(e)(4)(ii) (1996). 47 C.F.R. � 1.2110(e)(4)(iv) (1996). Petition. Petition at 3. Petition at 2-3. 47 C.F.R. �1.925. 47 C.F.R. � 90.812(a) (1996) (``An MTA license issued to an eligible small business that elects installment payments will be conditioned on the full and timely performance of the license holder's quarterly payments.''); see also Dallas Security Agreement at � 2 (``The debtor recognizes that its continued retention of the License, and rights to operate as a Commission licensee thereunder,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1343A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1343A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1343A1.txt
  • and efficient delivery of electric service,'' and if they are licensed only on a secondary basis, ``25,000 homes and businesses in Lakeside and remote regions of eastern Arizona could be left without power by a failure [of] the communications system.'' Moreover, Navopache Electric argues that ``no reasonable communications alternatives exist in the remote area of operations.'' DISCUSSION Pursuant to Section 1.925 of the Commission's Rules, we may grant a waiver if it is shown that either (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1381A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1381A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1381A1.txt
  • Toronto, Canada, in violation of section 22.813(a) of the Commission's rules. The Licensing and Technical Analysis Branch of the Commercial Wireless Division subsequently returned Skytel's application on September 11, 2000. In response, on September 27, 2000, Skytel filed a request to waive section 22.813(a). In this Order, we deny Skytel's waiver request and dismiss its application. 2. Pursuant to section 1.925(b)(3) of the Commission's rules, a waiver request may be granted if it is shown that: (1) the underlying purpose of the rule would not be served, or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-139A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-139A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-139A1.txt
  • which state that 40 dBu is an appropriate measure for the signal level necessary to provide sufficient protection from interference. Finally, we note that all applications to operate on these channels require frequency coordination. V. ordering clauseS Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Waiver Request filed by the state of Florida on August 8, 2000 IS GRANTED to the extent indicated herein. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Kathleen O'Brien Ham Deputy Chief, Wireless Telecommunications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1413A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1413A1.pdf
  • Order); see also IVIDCO Letter dated January 23, 2001 DA-170. See Vista Waiver Request at 1. Vista Waiver Supplement. Id. at 2. Letter to Elizabeth Michaels, from Rachel Kazan, Chief, Auctions Finance and Market Analysis Branch, WTB, FCC, dated January 6, 2000 (``January 6, 2000 Vista Ineligibility Letter''). See Vista Waiver Request. Vista Waiver Request at 5. 47 C.F.R. � 1.925. See Vista Waiver Request at 7. Vista Waiver Request at 2-7. Vista Waiver Request at 3-5. See Vista Waiver Request, Attachment 7 (March 10, 1996 Billings ``Notice to IVDS Licensees,'' from Regina W. Dorsey, Chief, Billings and Collections Branch). Vista Waiver Request at 5. Id. 47 C.F.R. � 1.2110 (1994); Wireless Telecommunications Bureau Staff Clarifies ``Grace Period'' Rule for IVDS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1423A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1423A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1423A1.txt
  • engaged in public safety activities does not justify a lesser degree of diligence in complying with our renewal procedures.'' Thus, we deny NEMLEC's request for a waiver to permit late renewal of its licenses. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the requests for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by North Eastern Massachusetts Law Enforcement Council, on January 17, 2001, IS DENIED, and applications FCC File Nos. 0000332620, 0000332628, and 0000332636 ARE DENIED with prejudice. This action is taken under delegated authority pursuant to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1433A7.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1433A7.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1433A7.txt
  • Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, DA 00-2836, at 2 (rel. Dec. 14, 2000) [hereinafter Tribal Lands Public Notice]. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit Y: Tribal Lands Waiver Requests,'' at E1-12. Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1433A8.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1433A8.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1433A8.txt
  • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd. 24,838, 24,839 (2000) (``Tribal Lands Public Notice''). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit Y: Tribal Lands Waiver Requests,'' at E2-11. Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1434A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1434A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1434A1.txt
  • authorizations had automatically cancelled, PSI sought a waiver of the construction requirement and asked that the construction deadline be extended to two years from the date of grant because it needed additional time to negotiate with site owners for its proposed facilities. On December 6, 2000, the Division denied PSI's request. The Division reviewed the waiver request pursuant to Section 1.925(b)(3) of the Commission's Rules which provides that the Commission may grant a request for waiver if a) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and grant of a waiver would be in the public interest; or b) in view of unique or unusual factual circumstances, application of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1530A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1530A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1530A1.txt
  • 686; Gains, Bennett Gilbert, 8 FCC Rcd 3986 (Rev. Bd. 1993); 47 C.F.R. � 1.106. Petition at 2. D/FW further claims that the staff member assigned to handle the renewal became so desensitized to the Bureau's letters that it ignored misdirected correspondence and consequently, in doing so, may have overlooked the renewal notice. Id. Id. at 4-5. 47 C.F.R. � 1.925(b)(3)(i), (ii). See Biennial Regulatory Review - Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order, WT Docket No. 98-20, 21027, 21073 � 98 (1998) (``not receiving a renewal reminder
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1545A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1545A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1545A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of JERSEY CITY, NEW JERSEY, POLICE DEPARTMENT Application and Waiver Request Pursuant to Section 337 (c) of the Communications Act of 1934, as amended, and Section 1.925 of the Commission's Rules for Use of Certain Public Land Mobile Channels ) ) ) ) ) ) ) ) File No. 0000472841 ORDER Adopted: June 28, 2001 Released: June 29, 2001 By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: On June 26, 2001, the Port Authority of New York and New
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1574A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1574A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1574A1.txt
  • that the Petition for Reconsideration filed on October 27, 2000 by PVT Networks, Inc., IS GRANTED, to the extent that PVT Networks, Inc. qualifies as a ``very small business'' for purposes of Auction No. 30. IT IS FURTHER ORDERED that pursuant to Section 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and 1.925 and 1.106 of the Commission's Rules, 47 C.F.R. 1.106, IT IS ORDERED that the request for a wavier of Sections 1.2110(b) and 101.1209(e) of the Commission's Rules, 47 C.F.R. �� 1.2110(b) and 101.1209(e) filed on October 27, 2000 by PVT Networks, Inc. IS DISMISSED AS MOOT. IT IS FURTHER ORDERED that PVT Networks, Inc. is entitled to be reimbursed $8,760.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1592A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1592A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1592A1.txt
  • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1626A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1626A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1626A2.txt
  • by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (b) in view of unique or unusual factual circumstances of the instant case, application of the rule would be inequitable, unduly burdensome, or contrary to the public interest, or the applicant has no reasonable alternative. See 47 C.F.R. � 1.925(b)(3). For the reasons stated below, we find that the Coordinators have justified the requested waivers of the rules. In the requests for waiver of the mandatory electronic filing deadline, the coordinators maintain that there are a series of obstacles to their completion of the conversion to electronic filing. The obstacles they assert include their inability to file applications interactively without
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1674A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1674A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1674A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit f f f f f f DA 01-1674 July 13, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON SUMMIT WIRELESS' REQUEST FOR LIMITED WAIVER AND EXTENSION OF TIME TO CONSTRUCT Comment Date: July 27, 2001 Reply Comment Date: August 3, 2001 Pursuant to section 1.925(c) of the Commission's rules, 47 C.F.R. � 1.925(c), the Wireless Telecommunications Bureau seeks comment on the Request for Limited Waiver and Extension of Time to Construct filed on June 26, 2001, by Summit Wireless, LLC, Summit Wireless WOW, LLC, and Summit Wireless Billings, LLC (collectively, ``Summit''). Summit requests waiver of section 24.203(a) of the Commission's rules, 47 C.F.R. � 24.203(a),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1722A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1722A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1722A1.txt
  • 154(i), 309(j)(4)(B), and sections 0.331, 1.946, and 24.103(b) of the Commission's rules, 47 C.F.R. �� 0.331, 1.946, 24.103, the construction notification filed by Instapage Networks, Ltd. on June 22, 2000, is DISMISSED as defective. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309(j)(4)(B) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(j)(4)(B), and section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, the request for waiver filed by Instapage Networks, Ltd. on June 22, 2000 is DENIED. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309(f) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(f), and section 1.931(a) of the Commission's rules, 47 C.F.R. � 1.931(a), Special Temporary
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1744A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1744A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1744A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of JERSEY CITY, NEW JERSEY, POLICE DEPARTMENT Application and Waiver Request Pursuant to Section 337 (c) of the Communications Act of 1934, as amended, and Section 1.925 of the Commission's Rules for Use of Certain Public Land Mobile Channels ) ) ) ) ) ) ) ) File No. 0000472841 ORDER Adopted: July 20, 2001 Released: July 23, 2001 By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: On July 19, 2001, the Port Authority of New York and New
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1755A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1755A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1755A1.txt
  • five percent (5%) late fee is not made before expiration of the first automatic quarterly grace period, the rule provides for a second automatic quarterly grace period and requires an additional late fee equal to ten percent of the missed payment. 47 C.F.R. � 1.2110(g)(4)(ii) (2000). Request at 1. Id. See Request. 47 C.F.R. � 1.2110(f) (1998). 47 C.F.R. � 1.925. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket 97-82, Third Report and Order and Second Further Notice of Proposed Rulemaking, 13 FCC Rcd 374, 439-440 (1997) (``Part 1 Third Report and Order''); Amendment of Part 1 of the Commission's Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1789A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1789A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1789A1.txt
  • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1833A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1833A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1833A1.txt
  • new bid price for the spectrum associated with the defaulted licenses is established in a subsequent auction. If an additional payment is required, a further order will assess such payment. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and section 1.925(b)(3) of the Commission's rules, 47 C.F.R. � 1.925(b)(3), the request to waive sections 1.2107(b) and 1.2109(b) of the Commission's rules, 47 C.F.R. �� 1.2107(b), 1.2109(b), filed by TPS Utilicom, Inc. on February 23, 2001, IS DENIED. 19. IT IS FURTHER ORDERED that, pursuant to sections 0.331, 1.2104(b) and 1.2107(b) of the Commission's rules, 47 C.F.R. �� 0.331, 1.2104(b), 1.2107(b), TPS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1924A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1924A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1924A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit F Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of JERSEY CITY, NEW JERSEY, POLICE DEPARTMENT Application and Waiver Request Pursuant to Section 337 (c) of the Communications Act of 1934, as Amended, and Section 1.925 of the Commission's Rules for Use of Certain Public Land Mobile Channels ) ) ) ) ) ) ) ) ) ) File No. 0000472841 ORDER Adopted: August 10, 2001 Released: August 13, 2001 By the Deputy Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: On August 10, 2001, the Port Authority of New
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1925A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1925A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1925A1.txt
  • decision. Thus, we affirm the Branch's decision. conclusion and ordering clauses For the foregoing reasons, we deny Polk County's Petition requesting reconsideration of a denial of a waiver of Section 90.205(d) of the Commission's Rules. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) and 405 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 405, and Sections 1.106, 1.925 and 90.205(d) of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, 90.205(d), the petition for reconsideration filed by Polk County on March 28, 2001, IS DENIED. This action is taken under delegated authority pursuant to 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1949A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1949A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1949A1.txt
  • 101.81 of the Commission's Rules. We note, however, that a denial of the waiver request does not mean that Cambridge may not operate the subject stations; rather, Cambridge's authorization to operate such stations will be accorded secondary status. 8. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925, 101.69, and 101.81 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, and 101.81, the Request for Waiver of Cambridge Telephone Company, Inc., filed on December 7, 2000, IS DENIED. 9. IT IS FURTHER ORDERED that applications FCC File Nos. 0000227439, 0000227440, 0000227441 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2105A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2105A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2105A1.txt
  • determining whether to grant a late-filed renewal application, we consider all of the facts and circumstances, including the length of the delay in filing, the reasons for the failure to timely file, the potential consequences to the public if the license should terminate, and the performance record of the licensee. See id. at 11485 � 22. See 47 C.F.R. � 1.925(b)(3). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov - ! % B C B B �� ���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-211A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-211A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-211A5.txt
  • Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, DA 00-2836, at 2 (rel. Dec. 14, 2000) [hereinafter Tribal Lands Public Notice]. If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to section 1.925 of the Commission's rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit Y: Tribal Lands Waiver Requests,'' at D-13. Note: For technical reasons, applicants will not be able to amend their long-form applications to specify the tribal lands to be served and to provide tribal government certifications for each market
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2132A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2132A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2132A1.txt
  • Arch Wireless, Inc. (Arch) and Cingular Wireless LLC (Cingular). DISCUSSION Section 1.2 of the Commission's rules provides that the Commission may ``on motion or on its own motion issue a declaratory ruling terminating a controversy or removing uncertainty.'' Section 1.3 of the Commission's rules allows the Commission to grant a waiver request upon a showing of good cause. Further, Section 1.925(a)(3) of the Commission's rules provides that the Commission ``may grant a request for waiver if it is shown that: (i) [t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) [i]n view of unique
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2133A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2133A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2133A1.txt
  • place it on a more level playing field with other wireless service providers and will foster regulatory parity. Third, ILAC suggests that the construction requirements for its 28-channel nationwide 220 MHz system should be harmonized into a uniform construction obligation, which would allow it to develop a band manager plan while effectively deploying the spectrum. III. Discussion Pursuant to section 1.925 of the Commission's rules, a waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2202A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2202A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2202A1.txt
  • action is taken under authority delegated pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau Application of Codecom, Inc. for Participation in Auction No. 41, Request for Rule Waiver and Request for Expedited Action, filed September 13, 2001 (``Waiver Request''). Id. 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. ``Narrowband PCS Spectrum Auction Scheduled for October 3, 2001, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues,'' Public Notice, DA 01-1592, at Section III.D. (rel. July 9, 2001), 66 Fed. Reg. 38690 (``Auction No. 41 Procedures Public Notice''). Auction No. 41 Procedures Public Notice at Section III.D. Waiver Request at 1. It is our understanding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2213A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2213A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2213A1.txt
  • Branch confirmed grant of the orally requested STA by countersigning the October 14, 1999 letter. Based on the foregoing, we find that the Branch waived the written filing requirements of Section 1.931. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 309(f), and 405 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309(f) and 405, and Sections 1.106, 1.925, and 1.931 of the Commission's rules, 47 C.F.R. �� 1.106, 1.925, and 1.931, the Petition for Reconsideration filed by Range Corporation on November 22, 1999 is dismissed in part as moot and otherwise denied as indicated above. FEDERAL COMMUNICATIONS COMMISSION Katherine M. Harris Deputy Chief Commercial Wireless Division Wireless Telecommunications Bureau Superior filed an Opposition to the Petition on December
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2259A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2259A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2259A1.txt
  • 1, 2002, is warranted under the circumstances presented, and will provide San Juan sufficient opportunity to acquire FCC-certified transmitters. Accordingly, we grant San Juan's request for waiver of Section 90.203 of the Commission's Rules, effective until June 1, 2002. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for waiver of Section 90.203 of the Commission's Rules filed by the Municipality of San Juan on March 28, 2001 IS GRANTED, effective until June 1, 2002. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2265A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2265A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2265A1.txt
  • operated by the Corps of Engineers or other government agencies. It does not seek a waiver with regard to its inland system service to passenger vessels, or with regard to its other AMTS services. DISCUSSION Section 1.3 of the Commission's rules authorizes the Commission to suspend, revoke, amend, or waive, for good cause shown, a Commission rule. In addition, Section 1.925 of the Commission's rules provides that the Commission may grant a waiver upon a showing either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) in view of the unique or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2270A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2270A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2270A1.txt
  • (Reply). Petition at 1 n.1. Id. at 1 n.1, 2-3. Id. at 3; Reply at 3-4. Petition at 4. Id. Id. at 4-5; Reply at 1. Petition at 5. Opposition at 1-3. Id. at 3-5. Id. at 1. Id. at 2. Id. at 4. Id. at 5-6. Id. at 5-6. Reply at 4. Id. Id. at 4-5. 47 C.F.R. � 1.925(b)(3). See Application of KIRV Radio, Memorandum Opinion and Order, 50 FCC 2d 1010, 1010 � 2 (1975) ("the claim of potential economic injury by a mere applicant for a broadcast facility is too remote and speculative to show standing as a 'party in interest"'); see also Application of Butte County Cellular License Corp., Memorandum Opinion and Order, 8 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2281A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2281A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2281A1.txt
  • filed. If Megastar wishes to obtain valid authorizations for these stations, it must file new properly coordinated applications. If Megastar wishes to continue operating these facilities until it receives new authorizations, it must obtain authorization to do so. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for a waiver of Section 1.913(b) of the Commission's Rules, 47 C.F.R. 1.913(b) filed by Megastar, Inc. on February 5, 2001, IS DENIED, and applications FCC File Nos. 0000416439 and 0000416441, filed February 5, 2001, ARE DISMISSED. This action is taken under delegated authority pursuant to 0.131 and 0.331 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2282A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2282A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2282A1.txt
  • for the requested extensions and we grant the motions pursuant to 47 C.F.R. � 1.46. See TRW, Inc., Reply to Opposition, filed May 18, 2001 (Reply). Petition to Deny at 1 n.1. Id. at n.1, 2-3. Id. at 3, Reply at 3-4. Petition at 4. Id. See Opposition. Id. at 1, 5, citing 47 C.F.R. � 101.17. 47 C.F.R. � 1.925(b)(3). See Application of KIRV Radio, Memorandum Opinion and Order, 50 FCC 2d 1010 � 2 (1975) ("the claim of potential economic injury by a mere applicant for a broadcast facility is too remote and speculative to show standing as a 'party in interest"'); see also Application of Butte County Cellular License Corp., Memorandum Opinion and Order, 8 FCC Rcd 7894
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2284A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2284A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2284A1.txt
  • Reply to Opposition, filed May 18, 2001 (Reply). Petition at 1 n.1. Id. at n.1, 2-3. Id. at 3, Reply at 2-3. Petition at 4. Id. Id. at 4-5, Reply at 1. Id. at 5. Opposition at 1. Id. at 3. Id. at 1. Id. at 3. Id. at 5. Id. at 4. Id. Id. at 4-5. 47 C.F.R. � 1.925(b)(3). See Application of KIRV Radio, Memorandum Opinion and Order, 50 FCC 2d 1010 � 2 (1975) ("the claim of potential economic injury by a mere applicant for a broadcast facility is too remote and speculative to show standing as a 'party in interest"'); see also Application of Butte County Cellular License Corp., Memorandum Opinion and Order, 8 FCC Rcd 7894
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2285A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2285A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2285A1.txt
  • to transfer those licenses to the Navajo Nation. In addition, AirCom indicated that it had bid on behalf of Javier Castro (Castro) for the remaining four licenses. On June 9, 2000, AirCom submitted an amended waiver request asking that the Commission allow it to acquire all seven of the subject licenses upon remission of the full payment owed. discussion Section 1.925 of the Commission's rules provides that waivers will not be granted unless the petitioner affirmatively shows that either a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of a waiver would be in the public interest; or b) in view of unique or unusual circumstances, application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2315A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2315A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2315A1.txt
  • the FCC Form 175, will assist the Commission in monitoring the participation of these ``designated entities'' in its auctions. Exhibit F -- Miscellaneous Information: Applicants wishing to submit additional information should include it in Exhibit F. Waivers: Applicants requesting waiver of any rules must submit a statement of reasons sufficient to justify the waiver sought. See 47 C.F.R. �� 1.3, 1.925. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2336A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2336A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2336A1.txt
  • request, with the conditions set herein, will be in the public interest, reduce the Commission's regulatory burden, and provide Claircom and GTE Airfone with testing flexibility while providing adequate interference protection. Ordering Clauses ACCORDINGLY, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i) and 309, and sections 0.331 and 1.925(b)(3) of the Commission's rules, the waiver of section 22.857 requested by Claircom and GTE Airfone is GRANTED subject to the following conditions: (1) if circumstances exist that result in interference to a licensee, Claircom and GTE Airfone shall resolve the interference in accordance with the Commission's rules; and (2) the use of channels P-5 and P-6 as C-30 pursuant to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-238A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-238A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-238A1.txt
  • application and waiver request for failing to adequately protect existing co-channel licensees. Specifically, the Branch noted that Section 90.621(b)(4) of the Commission's Rules requires an analysis of interference potential from mobile transmitters to existing co-channel base station receivers. Because the interference study was not included with Northwest's waiver request, the Branch dismissed the application without prejudice, in accordance with Section 1.925 of the Commission's Rules. As a result, Entergy's petition to deny was dismissed as moot. On May 17, 2000, Northwest filed the instant petition seeking reconsideration of the dismissal of its application. On May 30, 2000, Entergy filed an opposition, and on June 9, 2000, Northwest filed its reply. Discussion. We affirm the Branch's ruling dismissing Northwest's application. Section 90.621(b)(4)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2403A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2403A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2403A1.txt
  • of the waiver requests does not mean that Beeper may not operate the subject stations; rather, assuming the applications are otherwise proper, Beeper's authorization to operate such stations will be accorded secondary status. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925, and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Beeper People, Inc.'s Waiver Request, filed June 20, 2001, IS DENIED. 14. IT IS FURTHER ORDERED that applications FCC File Nos. 0000476453 and 0000476454 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Public Wireless Division for processing consistent with this Order
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2408A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2408A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2408A1.txt
  • would be consistent with the underlying purpose of the MAS rules regarding protection from harmful interference. In addition, we believe that alternative frequencies are available for the operations proposed by Revelation. 9. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.2 and 1.925(b)(3) of the Commission's Rules, 47 C.F.R. �� 1.2, 1.925(b)(3), the request to clarify or waive Section 101.111(c) of Commission's Rules, 47 C.F.R. � 101.111(c), filed by Revelation L.L.C. on September 14, 2000 IS DENIED. 10. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2410A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2410A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2410A1.txt
  • 30, 2001, Breitling requested a permanent waiver. It states it will continue to meet the conditions of the original waiver, except that it asks that the condition restricting sale of the Emergency to licensed pilots be eliminated. On July 16, 2001, we sought comment on Breitling's permanent waiver request. Three parties filed comments supporting Breitling's request for waiver. Discussion. Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2420A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2420A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2420A1.txt
  • the Commission's Rules, and grant their requests to use frequencies in Channels 14 and 15 in Cleveland, and Channels 15 and 16 in Detroit. Discussion. At issue is whether Petitioners have demonstrated that a waiver of Section 90.303 of the Commission's Rules, to permit them to use the 470-512 MHz band in the Cleveland and Detroit areas, is warranted. Section 1.925 of the Commission's Rules states that rule waivers will not be granted unless an applicant affirmatively shows that either (a) the underlying purpose of the rule will not be served or would be frustrated by its application in the particular case, and that grant of the waiver is in the public interest; or (b) the unique facts or unusual circumstances
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2429A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2429A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2429A5.txt
  • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd. 24,838, 24,839 (2000) (``Tribal Lands Public Notice''). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See infra ``Exhibit Y: Tribal Lands Waiver Requests,'' at D-11. Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2466A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2466A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2466A1.txt
  • Communication, Inc. to Lisa Stover, Federal Communications Commission, dated September 21, 2001 (``Letter''). Auction of Licenses for Lower and Upper Paging Bands Postponed Until October 30, 2001, Public Notice, DA 01-1307 (rel. May 25, 2001) (``Auction No. 40 Postponement Public Notice''). Letter at 1. The attacks took place on Tuesday, September 11, 2001. 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.925. Auction No. 40 Postponement Public Notice at 1. Wireless Telecommunications Bureau Staff Provides Guidance on Completing the Short-Form Application (FCC Form 175) for Auction No. 40, Auction of Licenses for Lower and Upper Paging Bands, Public Notice, DA 01-2122 (rel. Sept. 10, 2001) (``Auction No. 40 Staff Guidance Public Notice'') at 1. Access to the FCC's computer system was unavailable
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2467A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2467A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2467A1.txt
  • API's request for a waiver of the short-form application filing deadline for Auction No. 40 is denied. This action is taken under authority delegated pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau Letter from James K. Young to Margaret Wiener, undated (``Letter''). 47 C.F.R. �1.2105(a). 47 C.F.R. � 1.925. Auction of Licenses for Lower and Upper Paging Bands Postponed Until October 30, 2001, Public Notice, DA 01-1307 (rel. May 25, 2001) (``Postponement Public Notice''). Id. Lower and Upper Paging Bands Auction Scheduled for October 30, 2001 - Technical Modifications Regarding Acceptable Bids, Bidder Seminar Scheduled for September 5, 2001, Public Notice, DA 01-1961 (rel. Aug. 17, 2001)(``Auction No 40
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2491A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2491A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2491A1.txt
  • comply with the coverage requirement, which would result in automatic termination of the license. In this case, Telecorp did request a waiver of section 24.203(a) as an alternative in its construction notifications, and later supplemented its request by indicating it had achieved more than one-third coverage of the relevant partitioned area within four months of the deadline. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2492A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2492A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2492A1.txt
  • the coverage requirement, which would result in automatic termination of the license. In this case, WV PCS did request a waiver of section 24.203(a) as an alternative in its construction notification, and later supplemented its request by indicating that it had achieved more than one-third coverage of the relevant partitioned area within six weeks of the deadline. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2542A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2542A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2542A1.txt
  • also Accepted Elections PN, 16 FCC Rcd at 5902. Request at 2. Id. We note that it is not clear if New England seeks waiver of all interest on the original principal amount, or all interest associated with the reamortized principal. Because we would deny either request, the precise nature of the request is irrelevant. Id. Id. 47 C.F.R. � 1.925. 218-219 MHz Order, 15 FCC Rcd at 1499, � 2 and 1520, �� 37-38; see Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Second Order on Reconsideration of the Report and Order and Memorandum Opinion and Order, WT Docket No. 98-169, 15 FCC Rcd 25020, 25027, � 12 (2000) (``Second Order
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2594A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2594A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2594A1.txt
  • denial of the waiver request does not mean that Southwest Central may not operate the subject station; rather, assuming the application is otherwise proper, Southwest Central's operation of such station will be accorded secondary status. V. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Request for Waiver of Southwest Central Dispatch, filed July 24, 2001, IS DENIED. 10. IT IS FURTHER ORDERED that application FCC File No. 0000427005 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division for processing consistent with this Order
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2611A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2611A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2611A1.txt
  • at least one-quarter of the population in its licensed service area, or a showing of substantial service in the licensed service area, within five years of the initial grant date. In either case, failure by the licensee to meet these requirements would result in forfeiture of the license and the licensee would be ineligible to regain it. Pursuant to section 1.925 of the Commission's rules, waiver may be granted if the petitioner establishes either that: (1) the underlying purpose of the rule would not be served or would be frustrated by application to the instant case, and that grant of the waiver would be in the public interest; or (2) where the petitioner establishes unique or unusual factual circumstances, application of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2617A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2617A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2617A1.txt
  • denial of the waiver request does not mean that Warren County may not operate the subject station; rather, assuming the application is otherwise proper, Warren County's operation of such stations will be accorded secondary status. V. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. � 154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Requests for Waiver of Warren County, filed July 18, 2001 and August 16, 2001, ARE DENIED. 9. IT IS FURTHER ORDERED that applications FCC File Nos. 0000431513, 0000431534, 0000431548, 0000432481 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2623A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2623A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2623A1.txt
  • 0000017410. Wireless Telecommunications Bureau Commercial Wireless Information, Public Notice, Report No. CWD-99-59 (rel. Aug. 26, 1999). Letter from Roger S. Noel, Chief, Licensing and Technical Analysis Branch, Commercial Wireless Division, to William J. Hackett (Dec. 6, 2000) (December Letter). 47 C.F.R. � 1.939(a)(2). NECC Petition to Deny at 2, n.2. NECC Petition to Deny at 2, n.2. 47 C.F.R. � 1.925(a)(3). Reconsideration Petition at 2. Reconsideration Petition at 2. December Order, 16 FCC Rcd at 73, � 4. Petition to Deny at 5; Reconsideration Petition at 1. Petition to Deny at 5. NECC specifically stated that ``it appears the Applicant submitted distances at which the predicted signal strength never exceeds 32 dBuV/m rather than the distances at which the predicted median
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2635A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2635A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2635A1.txt
  • MHz, 479.0875 MHz and 479.2625 MHz in the New York Metropolitan area. Fort Lee requests waiver of Sections 22.621, 22.501, and 90.303 of the Commission's Rules, 47 C.F.R. �� 22.621, 22.501, 90.303, and any other Commission Rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act, as amended, 47 U.S.C. � 337(c) or Section 1.925 of the Commission's Rules. Section 337(c) states that the Commission shall grant an application by an entity seeking to provide public safety services to the extent necessary to permit the use of unassigned frequencies, if the Commission makes five specific findings: (1) no other spectrum allocated for public safety use is immediately available; (2) there will be no harmful interference
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2660A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2660A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2660A1.txt
  • the nation. CMRS providers that choose to offer PAS, in accordance with the Commission's Rules, adhere to uniform operating protocols concerning the number of priority levels and the priority level for particular NSEP users. Under Section 64.402, PAS allows authorized NSEP users in emergencies to gain access to the next available wireless channel without preempting calls already in progress. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2763A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2763A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2763A5.txt
  • Telecommunications Bureau Releases Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, 15 FCC Rcd 24838, 24839 (2000) (Tribal Lands Public Notice). If the applicant is seeking a bidding credit in excess of the amount calculated pursuant to Section 1.2110(f)(3), the applicant must submit a waiver request, pursuant to Section 1.925 of the Commission's Rules. See 47 C.F.R. � 1.925. Each waiver request will be evaluated on a case-by-case basis. See ``Exhibit Y: Tribal Lands Waiver Requests.'' Exhibit X: Tribal Government Certification Within the 90-day period, the applicant must amend its long-form application to provide the required tribal government certifications for each tribal land identified in the application. See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2793A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2793A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2793A1.txt
  • out its business of providing data transmission, internet access, and interactive video services to colleges and universities throughout the State of North Carolina. On July 6, 2001, MCNC filed the instant application requesting waiver of Section 101.97 of the Commission's Rules to permit authorization on a primary basis of a new station to replace Station WHJ607. DISCUSSION Pursuant to Section 1.925 of the Commission's Rules, we m