FCC Web Documents citing 1.925

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2495A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2495A1.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CITY OF RICHMOND, VIRGINIA For 900 MHz Channels to Operate a Regional Public Safety Two-Way Paging System in Henrico, Chesterfield, and Hanover Counties, Virginia and Request for Waiver Pursuant to Section 337(c) of the Communications Act of 1934, and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) ) File No. 0002660203 Adopted: December 11, 2006 Released: December 12, 2006 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction We have before us an application and associated waiver request filed by the City of Richmond, Virginia (Richmond) to operate a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2555A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2555A1.pdf
  • STAs to operate on pre-rebanding channels. However, we anticipate that STA requests failing to show a public safety need to initiate operations during rebanding will not be routinely granted. This policy applies both to new or modified base station facilities and to mobile and portable radios that may be added to a system in the post-freeze environment. 47 C.F.R � 1.925. 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 � Q \ ^ l � � � � � � h8 F F ��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� �� p t t t
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2572A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2572A1.pdf
  • view of the unique or unusual circumstances of the case, application of the rule would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. We conclude that Bridgewater has made a sufficient showing to warrant grant of the requested waiver under the first prong of the waiver standard set forth in Section 1.925(b)(3) of the Commission's rules. The purpose of the fifty-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 private land mobile radio (PLMR) base stations operating in the 470-512 MHz band may be located only within fifty miles of the geographic centers
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2618A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2618A1.pdf
  • application filing freezes for each region, one filing freeze for non-NPSPAC licensees and a separate freeze for NPSPAC licensees. See Wireless Telecommunications Bureau Outlines Application Freeze Process for Implementation of 800 MHz Band Reconfiguration, Public Notice, DA 05-1340, released May 11, 2005 (Two Freeze PN). Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. The computation of working days in this
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  • operations with 20 kHz bandwidth. However, we caution DMC that it must achieve narrowband compliance with Section 90.265 on or before January 1, 2013, and to ensure that it timely adheres to its license renewal obligations. 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 Detroit Medical Center on February 15, 2006 associated with application FCC File No. 0002316654 IS GRANTED, and the application SHALL BE PROCESSED in accordance with this Order and the Commission's rules. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of
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  • a waiver of Section 90.20(d)(81) of the Commission's rules. Specifically, Long Beach may operate 25 kHz bandwidth equipment on the frequencies 458.2250 MHz, 458.7000 MHz and 458.8500 MHz at the fixed location specified in its application. 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 City of Long Beach with respect to application FCC File No. 0002369871 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. 0002369871 in accordance with this Order
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  • to operate on frequency pair 476/479.3250 MHz because it has neither submitted a signed sharing statement nor sought or supported a waiver of Section 90.313(c). Therefore, we grant Vernon's application, in part, and deny it, in part. Ordering Clauses 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 of Section 90.307(d) of the Commission's rules, 47 C.F.R. � 90.307(d), filed by the Township of Vernon, New Jersey on June 9, 2006, IS GRANTED SUBJECT TO THE CONDITIONS SPECIFIED HEREIN. IT IS FURTHER ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1079A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1079A1.pdf
  • and Homeland Security Bureau seeks comment on the above-captioned eighteen applications and associated waiver request filed on December 22, 2006, by the City of Boston, Massachusetts (Boston), on behalf of the Metro-Boston Homeland Security Region (MBHSR). Boston seeks waiver relief, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. � 337(c), and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, to use seventy-two unassigned 47 C.F.R. Part 22 paging control frequencies in the 470-512 MHz band for public safety communications. Boston contends that its proposed use of the subject frequencies is necessary due to the lack of available public safety frequencies in the Boston metropolitan area. Boston also asserts that use of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TOWNSHIP OF CINNAMINSON, NEW JERSEY 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 ) ) ) ) ) ) ) ) File No. 0002369035 Order Adopted: March 6, 2007 Released: March 7, 2007 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction We have before us an application and associated waiver request filed by the Township of Cinnaminson, New Jersey (Cinnaminson) to modify its public safety
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  • limited extension of the deadlines by which they were required to achieve 95% penetration among their subscribers of location-capable handsets. We therefore grant Petitioners' requests for further waiver, 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 Request for Additional Limited Waiver and Extension of the Handset Penetration Deadline of the Commission's Phase II E911 Rules filed by South #5 RSA Limited Partnership d/b/a Brazos Cellular Communications, Ltd. IS GRANTED, nunc pro tunc, subject to the
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  • 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
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  • 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
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  • 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
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  • 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.
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  • 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),
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  • 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
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  • (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
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  • freeze will not frustrate the underlying purpose of the freeze and is warranted. Further, we find that grant of the waiver is consistent with our public interest goal to facilitate effective public safety communications. 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 Tuscarawas is DISMISSED as moot. It is FURTHER ORDERED that a waiver of the General Category freeze for station WPDU278 IS GRANTED, and applications FCC File Nos. 0002183000-01 filed by the County of Tuscarawas SHALL BE
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  • has satisfied the Commission's waiver criteria in support of its request for a waiver of Section 90.617(g)(1). Thus, we grant Minnesota's request to add the requested sites to its mobile data system on frequency 858.6625 MHz. 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 Requests filed by the State of Minnesota with respect to applications FCC File Nos. 0002806667, 0002780258 and 0002777116 ARE 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 Nos. 0002923557, 0002923558 and 0002932070
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  • the inter-category sharing freeze. Conclusion For the reasons stated herein, we deny Delaware's request for waiver of Section 90.621(b)(4) of the Commission's rules and dismiss as moot its request for waiver of the inter-category sharing freeze. 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 Section 90.621(b)(4) of the Commission's rules filed by the State of Delaware, on March 23, 2005, IS DENIED, and its request for waiver of the inter-category sharing freeze IS DISMISSED AS MOOT. IT IS FURTHER ORDERED that application FCC File No. 0002097654 SHALL BE DISMISSED in accordance
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CITY OF BOSTON, MASSACHUSETTS 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 ) ) ) ) ) ) ) ) ) File Nos. 0002859368, 0002859394, 0002859398, 0002859566, 0002859631, 0002859634, 0002859674, 0002859678, 0002859681, 0002859693, 0002859696, 0002859703, 0002859707, 0002859713, 0002859716, 0002859739, 0002859744, and 0002859754 Order Adopted: October 11, 2007 Released: October 12, 2007 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The City of Boston,
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  • Airport. The licenses will be used by Arlington to preserve and promote critical communications that protect the safety of life, health, and property. We therefore find that granting the application is consistent with the public interest. 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 Requests filed by the County of Arlington with respect to applications FCC File No. 0002465045 and 0002464977 ARE 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 Nos. 0002465045 and 0002464977 in accordance
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  • operate vehicular repeater stations on base station frequencies in the 851-861 MHz portion of the 800 MHz band and to operate hand-held units with a maximum output power of 3 watts when operating through mobile repeaters. 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 Commonwealth of Pennsylvania with respect to application FCC File No. 0002112329 IS GRANTED SUBJECT TO THE CONDITION that operation of mobile radio repeaters is authorized only on a secondary basis. IT IS FURTHER ORDERED that application FCC File No. 0002112329 SHALL BE PROCESSED in accordance
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  • MHz public safety channels are spaced every 25 kHz. Based on our prior experience with the characteristics of the type of equipment Emeryville proposes, we believe it cannot meet the more stringent Emission Mask H requirements at the data rates it proposes. Accordingly, a waiver of Section 90.210(h) is required if Emeryville is to implement its system as proposed. Section 1.925(b)(3) of the Commission's rules allows us to grant a waiver when the waiver proponent shows 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 unusual
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  • the proposed operations would cause no probability of harmful interference to any non-State incumbent.'' The interference analysis does show predicted interference to the State's own stations, but Florida deems that acceptable. It also observes that the Commission has previously granted 12.5 kHz offset waivers in Florida in the same area in which Florida is requesting its instant waiver. Discussion. Section 1.925 of the Commission's rules states that a waiver request may be granted upon a showing 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
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  • as amended, 47 U.S.C. � 154(i), and Section 1.41 of the Commission's rules, 47 C.F.R. � 1.41, the Informal Petition to Dismiss or Deny submitted by License Communications Service, Inc., filed on September 20, 2006, IS DENIED. 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 requests for waiver associated with the applications, FCC File Nos. 0002698531 and 0002734941, filed by the City of Los Angeles, California Department of Airports on August 1, 2006, as amended, ARE GRANTED, and SHALL BE PROCESSED, consistent with this Order and the Commission's rules. IT IS FURTHER ORDERED that, pursuant to
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  • an explanation of why C&CC has chosen the compliance efforts it has chosen. We emphasize that irrespective of the relief we grant in this Order, we fully expect C&CC 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 Cable & Communications Corporation 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 April 26, 2008. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of
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  • provides for emergency broadcasts over car radios, would alternatively satisfy at least some if not all of the objectives it proposes to achieve via TIS. conclusion In consideration of the facts before us, we deny the Waiver Request because CalTrans has failed to demonstrate that a waiver of Section 90.242(a)(7) is warranted pursuant to the criteria set forth under Section 1.925 of the Commission's rules. V. ORDERING CLAUSE 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 request for waiver filed by the California Department of Transportation on July 26, 2006 IS DENIED. This action is taken
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  • 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
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  • 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
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of 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
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  • the Cingular Waiver Order. In this letter, XIT indicated that the two digital wireless handsets it sells meet the hearing aid compatibility requirements for 1900 MHz operation and are properly labeled. In rejecting XIT's amended petition for waiver, the Commission held that that XIT had failed to demonstrate unique or unusual circumstances warranting the grant of a waiver under Section 1.925(b)(3) of the Rules. The Commission determined that but for XIT's mistake regarding the U rating of the Nokia 6101, XIT could have met the hearing aid compatibility requirements by March 16, 2006, within the six month waiver period it requested initially. In light of XIT's failure to exercise ``due diligence'' in determining the correct rating of the handsets it offered,
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • #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.
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  • 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
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  • 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,
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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)
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  • 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
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  • 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)
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  • 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
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  • 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)
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  • 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
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  • 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.
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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).
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  • 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).
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  • ``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-08-2351A1.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).
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  • 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-08-2667A1.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
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  • 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
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  • 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
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  • 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,
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  • 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
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  • 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
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  • 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,
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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-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-09-1297A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1297A1.pdf
  • milestone dates must be specific, i.e., it is not acceptable to list milestone dates as ``TBD (to be determined)'' or to specify milestones in terms of future events, e.g., ``on completion of rebanding in Region `X'.'' ORDERING CLAUSE Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 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, GRANTED IN PART, HELD IN ABEYANCE, OR DISMISSED to the extent discussed herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Acting Bureau Chief Public
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1814A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1814A1.pdf
  • public safety communications purposes, frequencies in the television (TV) Channel 18 Band (494-500 MHz). Specifically, Franklin seeks to license seven simulcast, repeater stations, arranged throughout the county. The County requests twenty-two repeater frequency pairs and six simplex, mobile-only frequencies for fire-ground and tactical operations. In the alternative to Section 337(c) of the Act, Franklin requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. TV Channel 18 is allocated to the private land mobile radio service (PLMRS) in the Washington, DC/MD/VA urbanized area, and base stations can be authorized within 80 km of the geographic center of the cities listed in the rules. The County states that ``Franklin County is beyond 80 km from any city
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1815A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1815A1.pdf
  • (``Lancaster'' or ``the County''). Lancaster seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934 (the Act), as amended, 47 U.S.C. � 337(c), to use, for public safety communications purposes, a land mobile public safety communications system sharing spectrum with television (TV) Channel 15 (476-482 MHz band). In the alternative, Lancaster requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. Lancaster states that ``[a]lthough eastern Lancaster County is within 80 km of Philadelphia, the majority of the county is more than 80 km from any city authorized by rule to utilize television (``T-Band'') channels.'' Lancaster notes that ``channel 15 is already allocated for land mobile use in the New York City area,''
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1819A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1819A1.pdf
  • MHz Band, WT Docket No. 06-150, PS Docket No. 06-229, Second Report and Order, 22 FCC Rcd 15289, 15453-58 �� 469-484 (2007) (700 MHz Second Report and Order); 47 C.F.R. �� 27.1330, 90.1430. See 47 C.F.R. � 90.1430; 700 MHz Third Further Notice at 14395-99 �� 294-304. See 700 MHz Second Report and Order at 15408-15 �� 327-344. 47 C.F.R. �1.925(b);WAIT Radio v. FCC, 413 F.2d 1153, 1157 (D.C. Cir. 1969) (WAIT Radio), aff'd, 459 F.2d 1203 (D.C. Cir. 1972); Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., 700 MHz Second Further Notice at 8052 � 6. 700 MHz Third Further Notice at 14319 � 51. Id. at 14321 � 54. ; The PSST
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  • a request for waiver of Sections 90.303, 90.305, 90.307, 90.309, and 90.311 of the Commission's rules to use, for public safety communications purposes, twelve frequency pairs from the UHF Television (TV) Channel 15 band (476-482 MHz). Ocean County seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act) or, in the alternative, Section 1.925 of the Commission's rules. As further detailed below, we find that Ocean County has failed to meet the criteria for a waiver under Section 337 of the Act. However, Ocean County has met the requisite showing meriting a waiver pursuant to Section 1.925 of the Commission's rules. Accordingly, we grant Ocean County's request for waiver to modify its existing licenses
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of BALDWIN FIRE DISTRICT, 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 Operate a Public Safety Communications System Using Television Channel 19 and Part 22 Trunked Mobile Frequencies ) ) ) ) ) ) ) ) ) ) File No. 0003023736 Order Adopted: September 14, 2009 Released: September 14, 2009 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The Baldwin Fire District, New
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  • antennas will cause system degradation that may necessitate a second simulcast site to attain the same system coverage.'' By contrast, Burleson states that the wider spacing enabled by use of the Business category channels in lieu of 482/485.5875 MHz ``reduces the system losses due to close spacing, significantly eliminates intermodulation products, and results in a cleaner operating system.'' DISCUSSION 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
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  • Waiver Request for authority ``to operate a new public safety paging facility on [frequency] 476.2875 MHz'' allocated for Part 22 point-to-multipoint service. Morris County seeks waiver of Sections 20.9(a)(6), 22.621, 90.307 and 90.309 of the Commission's rules to use this frequency 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 the Waiver Request as discussed herein. BACKGROUND Morris County is located in northern New Jersey, on the western edge of the New York City metropolitan area. The County states that it is ``densely populated'' and, because of its growth, faces an ``ever-increasing demand on public services.'' The County further states that
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  • 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 for its public safety PLMR communications system under Part 90. Silverbow seeks relief under Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, under Section 1.925 of the Commission's rules. As part of the first application, Silverbow also seeks waiver under Section 1.925 of certain Part 90 power and antenna height limits for use of the four Part 90 VPC frequencies. By this Order, we deny Silverbow's requests for relief under Section 337(c) but grant the majority of Silverbow's alternative requests in part under Section 1.925,
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  • 22.623(b) and 22.651 of the Commission's rules to operate a new public safety communications system using frequencies 476.0625 and 473.1250 MHz in the television (TV) Channels 14 and 15 bands (470-512 MHz). The Fire District seeks waiver relief either pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, pursuant to Section 1.925 of the Commission's rules. The Fire District states that it ``is part of a combined water and fire district'' which ``comprises one square mile in Nassau County, New York.'' The Fire District asserts that ``the paid staff of the Water District supplies water to both commercial and residential locations in the District'' and ``maintains the infrastructure necessary to provide water
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  • 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],''
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  • 7, 2010 The Public Safety and Homeland Security Bureau seeks comment on the above-captioned applications and waiver request, as amended, initially filed on January 21, 2009, by the County of Monmouth, New Jersey (Monmouth, or the County). Monmouth seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, Section 1.925 of the Commission's rules, to use, for public safety communications purposes, ten frequency pairs in the television (TV) Channel 19 band (500-506 MHz) for a trunked public safety communications system. Monmouth is currently authorized on eight frequency pairs in the TV Channel 20 band (506-512 MHz) under call sign WQGU308. The County's leadership ``conducted a comprehensive review of current communications
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  • 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,
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  • 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
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  • 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
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  • 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,
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  • 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,
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  • 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
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  • Security Bureau: introduction The County of Monmouth, New Jersey (Monmouth or the County), filed two applications and a request for waiver to use ten frequency pairs in the television (TV) Channel 19 band (500-506 MHz) for public safety communications. Monmouth seeks a waiver pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or, alternatively, Section 1.925 of the Commission's rules. As further detailed below, we find that Monmouth has failed to meet the criteria for a waiver pursuant to Section 337(c) of the Act. We nonetheless find that Monmouth has satisfied the requisite showing to warrant a waiver pursuant to Section 1.925 of the rules. Accordingly, we grant Monmouth's waiver request subject to the conditions specified
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  • authorized under call sign WQJA236. On June 19, 2008, the Bureau granted Wyoming a waiver authorizing it to use, for public safety purposes, eleven VHF frequency pairs allocated for Part 22 one-way or two-way public land mobile service. Wyoming seeks a waiver for the instant modification pursuant to Section 337(c) of the Act, or in the alternative, Sections 1.3 and 1.925 of the Commission's rules. Station WQJA236 permits operation on eleven Part 22 public mobile service frequency pairs at twelve repeater sites (and associated mobile units) ``spread over Basic Economic Area (BEA) Nos. 143, 144, and 152.'' During the course of construction of Station WQJA236, Wyoming ``determined that it will need a limited number of additional sites to ensure that the
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  • twelve repeater sites (and associated mobile units) in Basic Economic Area (BEA) Nos. 143. 144, and 152). See Auction of Lower and Upper Paging Bands Licenses Rescheduled for June 15, 2010; Status of Short-Form Applications to Participate in Auction 87, AU Docket No. 09-205, Public Notice, 25 FCC Rcd 3522 (WTB 2010). See 47 C.F.R. �� 0.191(f), 0.392, 1.1, and 1.925(c)(i). 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� ��
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of COUNTY OF FRANKLIN, PENNSYLVANIA 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 Operate a County-Wide Simulcast Public Safety Radio System Using Frequencies in the Television Channel 18 (494-500 MHz) Band ) ) ) ) ) ) ) ) ) ) File Nos. 0003388020, 0003390336 Order Adopted: June 24, 2010 Released: June 24, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The County
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  • network. Because our decision is based on the specific application before us, however, we will require separate waivers for other utilities seeking to use 800 MHz public safety spectrum in the DTRS network. 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 and 90.179(a) of the Commission's rules, 47 C.F.R. �� 1.925, 90.179(a), the Waiver Request by the State of Colorado and Holy Cross Electric Association, 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, Policy Division Public
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  • of Sections 20.9(a)(6), 22.621 and 22.651 of the Commission's Rules ) ) ) ) ) ) File No. 0003734540 ORDER Adopted: June 25, 2010 Released: June 25, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction The City of Summit, New Jersey (Summit) filed an application with an associated Waiver Request for authority pursuant to Section 1.925 of the Commission's rules, to use, for public safety communications purposes, two frequencies designated for different uses under Part 22 of the Commission's rules. Specifically, Summit, which currently is authorized to operate on four Part 22 frequency pairs, 476/479.0375, 476/479.1375, 476/479.1875 and 476/479.2125 MHz, requests authorization to add frequency 476.1625 MHz, which is designated for point-to multipoint use, and 479.1625
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  • operates on several frequency pairs within frequency ranges designated for use in the Part 22 Paging and Radiotelephone Service in the 470-512 MHz band. Although Westchester seeks no new frequencies in this application, Westchester proposes to increase transmitter power and base station antenna heights and adjust certain base station coordinates. In the alternative, Westchester requests waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. The Wireless Telecommunications Bureau authorized use of Westchester's current channels under call sign WQBR539 by waivers granted in 2004 and 2005 pursuant to Section 337(c) of the Act. Westchester states that the previous waiver requests ``documented the severe frequency congestion in the New York and New Jersey areas.'' According to the instant
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  • 0003970984; 0003970985; 0003977301; 0003993361; 0003993598; 0003996650; 003996837; and 0003996931 Comment Date: July 28, 2010 Reply Comment Date: August 9, 2010 The Public Safety and Homeland Security Bureau seeks comment on sixteen applications and an associated waiver request filed by the West Virginia Department of Health and Human Resources/State Trauma Emergency Care System (``WVDH''). WVDH seeks a waiver, pursuant to Section 1.925 of the Commission's rules, of the eligibility requirements in Section 90.33, and such other Commission rules as may be necessary, to use various Industrial/Business (I/B) Pool frequencies in the UHF band for public safety communications. WVDH currently operates a state-wide microwave network and transmitter sites that provides support for the West Virginia Interoperable Radio Project (``WVIRP''), a state-wide interoperable radio
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  • AU Docket No. 09-205, Public Notice, 25 FCC Rcd 3522 (WTB 2010). See Public Safety and Homeland Security Bureau Extends the Comment Dates on Request for Waiver Filed by the State of Wyoming to Modify Its Public Safety Statewide Communications System, File No. 0003764744, Public Notice, DA 10-1109 (rel. June 22, 2010). See 47 C.F.R. �� 0.191(f), 0.392, 1.1, and 1.925(c)(i). 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 x y � � | } ��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� �� E s 8 9 ; < > ? A B D E
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  • of the use period and to take any other steps necessary to ensure that the handsets will not be made available to any person other than Agency personnel and other authorized government users. ordering clauses 6. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.3 and 1.925 of the Commission's rules, 47 C.F.R. �� 1.3, 1.925, that the Waiver Petition filed by Verizon Wireless IS GRANTED as noted herein. 7. 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 James Arden Barnett. Jr., Rear Admiral (Ret.) Chief, Public Safety and Homeland
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  • Channels 14, 15, and 19 bands at the new transmitter sites. Specifically, the Township proposes to use its frequency assignments in TV Channels 14 and 15 for trunked operations and its frequency assignments in TV Channel 19 for conventional operations. Wayne seeks waiver of Sections 90.305(a), 90.307(d) and 90.313(c) of the Commission's rules, to use these frequencies pursuant to Section 1.925. By this Order, we grant Wayne's Waiver Request as conditioned herein. background Wayne currently operates on nine `T-Band' channels under call signs WPYW893, KZV273, WQEK857, WPSH811, and WIL599, and ``[a]ll of the channels operate in the conventional, non-trunked mode.'' Wayne states that it ``is currently using an antiquated mix of radio equipment and frequencies that [make] interoperability impossible.'' Therefore, the
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  • and Homeland Security Bureau: introduction The County of Westchester, New York (Westchester) filed an application and associated waiver request, to use, for public safety communications purposes, an offset frequency pair consisting of frequencies 476.3000 and 479.3000 MHz. Westchester seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, Section 1.925 of the Commission's rules. For the reasons stated below, we grant the request. background Westchester operates on several frequency pairs from the Part 22 spectrum allocation in the 470-512 MHz band under call signs WQBR539 and WQVH394. The Wireless Telecommunications Bureau's former Public Safety and Critical Infrastructure Division (WTB/PSCID) authorized Westchester's use of certain frequencies by waivers granted in 2004
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  • the band 482-488 MHz (TV Channel 16) is available for use by eligibles in the Public Safety Radio Pool in certain specified counties within the New York City metropolitan area. Because Woodbridge is located in Middlesex County, New Jersey, which is not one of the areas specified by Section 90.303(c), Woodbridge seeks a waiver of this rule, pursuant to Section 1.925. Also, Woodbridge needs a waiver of Section 90.313(c) of the Commission's rules, because the Township's proposed base stations are located less than 64 kilometers from two co-channel, incumbent public safety licensees. By this Order, we grant the Waiver Request on a conditional basis as discussed herein. background The Township states that ``[o]n December 5, 2008 the Commission granted Woodbridge's request
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  • 0003970976; 0003970979; 0003970983; 0003970984; 0003970985; 0003977301; 0003993361; 0003993598; 0003996650; 0003996837; and 0003996931 ORDER Adopted: August 30, 2010 Released: August 30, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction The West Virginia Department of Health and Human Resources/State Trauma Emergency Care System (``WVDH'') filed sixteen applications, each including an identical request for waiver, pursuant to Section 1.925 of the Commission's rules, of Section 90.33 and such other Commission rules as may be necessary, to use various Industrial/Business (I/B) Pool frequencies in the UHF band for public safety communications. For the reasons stated below, we grant WVDH's request. BACKGROUND WVDH currently operates a state-wide microwave network and transmitter sites that provides support for the West Virginia Interoperable Radio
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  • harmful interference.'' Consequently, on our own motion, we waive the signal strength requirement of subsection (iii)(D) in regard to Montana's operations near Idaho because of the agreement reached by Montana with Motorola. In addition to finding that the relevant rule would not be undermined by a grant of the waiver request, our analysis under the first prong of the Section 1.925 waiver standard requires a finding that grant of the waiver would be in the public interest. Based upon the record, we find Montana has demonstrated that grant of a waiver would be in the public interest. In this connection, we agree with Montana that grant of the waiver - conditioned on Montana's commitment to resolve any harmful interference caused to
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  • it cannot obtain waiver relief pursuant to Section 337 of the Act and we need not address its arguments regarding the remaining four criteria. However, Commission precedent makes clear that our finding that Syosset does not warrant waiver relief pursuant to Section 337 of the Act does not foreclose consideration of the its request for waiver relief pursuant to Section 1.925 of the Commission's rules. Rather, the Bureau's ability to undertake a waiver analysis pursuant to that section rests on the Commission's plenary authority under the Act to make rules and regulations necessary to achieve the Commission's over-arching statutory purposes, including ``promoting safety of life and property through the use of radio communication.'' From our review of the record in this
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  • http://www.800ta.org/content/resources/ADR_Plan.pdf. Implementation Plan at 10. The TA notes that, on July 22, 2010, it provided replacement frequencies to seven high-site licensees that must relocate from the ESMR Band to the Interleaved Band. Id. See Third Report and Order, 25 FCC Rcd at 4449 � 19. Applicants may request an exception to the freeze pursuant to the waiver criteria in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Id. at n.65. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet the waiver standard. Id. Id. at 4449 � 19. Id. Id. Id. Id. citing Public Safety and Homeland Security Bureau
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2066A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2066A1.pdf
  • to proceed diligently with each of the conditions imposed by the Waiver Order to ensure timely progress and open collaboration with all stakeholders. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, that the District of Columbia's waiver request 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, 0.392, and the Waiver Order, 25 FCC Rcd 5145, 5155, � 33 (2010). FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2152A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2152A1.pdf
  • governmental processes to be completed. However, we expect that such circumstances should be anticipated in the future, and that deadlines will be met. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver requests by Chesapeake and the Bay Area ARE 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, 0.392, and the Waiver Order, 25 FCC Rcd 5145, 5155, � 33 (2010). FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr.,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2167A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2167A1.pdf
  • interest because it will permit NPSPAC licensees to relocate to a band segment where they will be less susceptible to interference from ESMR and other cellular architecture stations, thus furthering the goal of 800 MHz band reconfiguration. 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 August 23, 2010 by the 800 MHz Transition Administrator, LLC, 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, 0.392. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief, Policy Division Public Safety and Homeland
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2180A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2180A1.pdf
  • Commission's rules, and such other relief as may be necessary, to: Permit temporary extension of the authorized Part 90 frequencies specified on the Thales Equipment Authorization to include 775-776/805-806 MHz. Permit the Thales Liberty Radio to be marketed to, purchased by, and operated by public safety narrowband licensees that are currently authorized to operate in the 775-776/805-806 MHz band. 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-10-2337A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2337A1.pdf
  • proposed increase in power with existing users. Finally, NC Highway Patrol states that, if its waiver request is granted, it would be able to operate its microwave system using Automatic Transmitter Power Control (ATPC), which would allow the system to operate at higher power levels only during ``conditions of extreme fade or technical issues requiring B side operation.'' 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-10-2348A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2348A1.pdf
  • Order to ensure timely progress. However, we expect that such circumstances should be anticipated in the future, and that deadlines will be met. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request by Chesapeake 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, 0.392, and the Waiver Order, 25 FCC Rcd 5145, 5155, � 33 (2010). FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral (Ret.) Chief,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2431A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2431A1.pdf
  • not limited to, the requirement to file timely extension requests, without good cause shown, may result in further action by the Commission, including consideration of whether the licensee's continued rebanding costs should be deemed not recoverable from Sprint. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 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, GRANTED IN PART, OR HELD IN ABEYANCE, to the extent discussed herein. FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral (Ret.) Chief,
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  • 16 (482-488 MHZ) BAND File No. 0004182796 Comment Date: April 19, 2010 Reply Comment Date: April 29, 2010 The Public Safety and Homeland Security Bureau seeks comment on the application and waiver request, filed on March 22, 2010, by the Township of Woodbridge, New Jersey (Woodbridge, or the Township), through its Police Department. Woodbridge seeks waiver relief, pursuant to Section 1.925 of the Commissions rules, to use, for public safety communications purposes, ``six frequenc[y] pairs from the 482-488 MHz band'' for a trunked public safety communications system. The Township states that ``[o]n December 5, 2008 the Commission granted Woodbridge's request to be licensed on fifteen frequency pairs in the channel 20 television band (506-512 MHz).'' The Township asserts that the ``frequencies
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  • not limited to, the requirement to file timely extension requests, without good cause shown, may result in further action by the Commission, including consideration of whether the licensee's continued rebanding costs should be deemed not recoverable from Sprint. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 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, GRANTED IN PART, OR HELD IN ABEYANCE, to the extent discussed herein. FEDERAL COMMUNICATIONS COMMISSION James Arden Barnett, Jr., Rear Admiral (Ret.) Chief,
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  • Id. Id. at 4 n.8. Under the Commission's rules, licensees are afforded a three-month voluntary negotiation period followed by a three-month mandatory negotiation period. See 47 C.F.R. �� 90.677(b), (c). See Appendix D, 47 C.F.R. � 90.677(b), (c), as amended. TA Proposal at Appendix A. Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet each prong of the waiver standard. See Report and Order, 19 FCC Rcd 15078 � 204. See Public Safety and Homeland Security Bureau
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  • SAFETY RADIO SYSTEM File No. 0003734540 Comment Date: February 8, 2010 Reply Comment Date: February 18, 2010 The Public Safety and Homeland Security Bureau seeks comment on the application and waiver request, initially filed on February 10, 2009, and subsequently amended on September 18, 2009, by the City of Summit, New Jersey (``Summit''). Summit seeks waiver relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, to use, for public safety communications purposes, two frequencies designated for different uses under Part 22 of the Commission's rules. Specifically, Summit, which currently is authorized to operate on Part 22 frequencies, 476/479.0375, 476/479.1375, 476/479.1875 and 476/479.2125 MHz, requests authorization to add frequency 476.1625, which is designated for point-to multipoint use, and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-974A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-974A1.pdf
  • 476-482, 500-506 MHZ) File Nos. 0003959144 and 0003959145 Comment Date: June 14, 2010 Reply Comment Date: June 28, 2010 The Public Safety and Homeland Security Bureau seeks comment on the above-captioned applications and waiver request, as amended, filed on September 8, 2009, by the Township of Wayne, New Jersey (Wayne, or the Township). Wayne seeks waiver relief pursuant to Section 1.925 of the Commission's rules ``to implement a new seven-channel, four-site, P25 trunked system, and a two-channel, four-site, conventional system'' by reusing its existing frequency assignments in the TV Channels 14, 15, and 19 bands at the new transmitter sites. Specifically, the Township would use its frequency assignments in TV Channels 14 and 15 for trunked operations and its frequency assignments
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  • 17 FCC Rcd at 2036 � 42. Id. 2034 at � 37. Id. 47 C.F.R. � 90.531(b)(1)(iii). Supplemental Waiver. Waiver Request at 1. Supplemental Waiver Request citing State of Florida, Order, DA 11-964 (PSHSB May 27, 2011) (granting a conditional waiver to exceed the maximum number of interoperability channels that may be trunked). Waiver Request at 1. 47 C.F.R. � 1.925(b)(3)(i)-(ii). In order to facilitate interoperability, we require that the deployable repeater systems authorized by this waiver be ``open,'' i.e., they shall not require a system key. In addition, Mesa must advise all potential authorized users of the repeaters of the frequencies and other parameters of the deployable repeaters. See Petition for Rulemaking of the National Public Safety Telecommunications Council at
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  • frequencies 470.1000 and 473.1000 MHz. Ashland seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Section 22.621 of the Commission's rules and such other of the Commission's rules as may be necessary, to use frequencies not designated for public safety use. In the alternative, Ashland seeks a waiver pursuant to Section 1.925 of the Commission's rules. By this Order, we grant Ashland's Waiver Request pursuant to Section 1.925. BACKGROUND Ashland seeks waiver of the Commission's rules to use non-public safety frequencies 470.1000 MHz and 473.1000 MHz for the construction and operation of a new ``wireless telecommunications system for its public safety radio operations.'' Ashland states that the Police Department ``furnishes traditional police
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  • its existing public safety communications system by adding frequencies 470.1500 and 473.1500 MHz. Bayonne seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 20.9(a)(6), 22.621, and 22.651 of the Commission's rules, to use these frequencies for public safety purposes. In the alternative, the City seeks a waiver pursuant to Section 1.925 of the Commission's rules. By this Order, we grant Bayonne's Waiver Request under Section 1.925. II. BACKGROUND Bayonne is located in the New York City-Northeastern New Jersey metropolitan area. In 2004, the Wireless Telecommunications Bureau's former Public Safety and Critical Infrastructure Division (WTB/PSCID) granted a waiver authorizing Bayonne to operate a public safety radio system under call sign WQBL378 on
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  • radio communications system by adding frequencies 506.0125 and 509.0125 MHz. Cinnaminson seeks waiver pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 20.9(a)(6), 22.621, 22.623(b), and 90.307(d) of the Commission's rules ``to conduct public safety operations'' on frequencies 506.0125 and 509.0125 MHz. In the alternative, the Township seeks a waiver pursuant to Section 1.925 of the Communication's rules. By this Order, we grant Cinnaminson's Waiver Request under Section 1.925. background Cinnaminson currently operates Public Safety Pool Station WIL992 on four frequency pairs in the 470-512 MHz Band, and seeks to modify its license for Station WIL992 by adding Part 22 frequencies 506.0125 and 509.0125 MHz. The Township states that ``[t]he Cinnaminson Township Department of
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  • an associated Waiver Request for authority to use, for public safety purposes, 18 frequencies allocated under Part 22 of the Commission's rules. Specifically, DCS seeks to license 18 frequencies ``to expand overall capacity to accommodate its total communications needs.'' DCS seeks waiver of Sections 20.9(a)(6), 22.377, 22.621, and 22.623(b) of the Commission's rules to use these frequencies pursuant to Section 1.925 of the Communication's rules. By this Order, we grant the Waiver Request as discussed herein. background DCS states that it ``is a county school district responsible for the health and safety of over 425,000 students and a team of over 1,700 professionals.'' In addition, DCS states that it ``has one of the five largest pupil transportation fleets in the United
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  • the Wireless Telecommunications Bureau, consistent with the Commission's overarching goal of ensuring a timely transition to narrowband operations. The Commission has long emphasized its commitment to the January 1, 2013 deadline for migration to narrowband technology. Consequently, requests for waivers of the deadline will be subject to a high level of scrutiny under the waiver standard set forth in Section 1.925 of the Commission's rules, which requires the waiver petitioner to demonstrate either 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 waiver would be in the public interest; or (ii) [i]n view of unique or unusual factual circumstances of the instant
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  • Bureau's decision. Indeed, Hind's request for de novo review is a one-page, one-sentence document. Thus, even assuming, arguendo, that Hinds did not receive the Hinds Order until ``several days'' after its release, it could have prepared a timely notice of appeal had it exercised ordinary diligence. Instead, it procrastinated and filed the De Novo Review Petition 15 days late. 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;
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  • a prerequisite under the Administrative Procedure Act, but to justify an ad hoc exception to that standard in a particular case. Storer Broadcasting Co., 14 RR 742, 746-7 (1956); VHF Drop-In Proceeding, Memorandum Opinion and Order, 90 FCC 2d 160, 166 (1982), aff'd sub nom. Springfield Television of Utah, Inc. v. F.C.C., 710 (F.2d 620 (10th Cir.1983). 47 C.F.R. � 1.925(b)(3). Reply at 3. Opposition at 16 n.41 (asserting but not explaining how a 35 watt public safety mobile ``would impact Sprint Nextel's co-channel operations well outside the `buffer' area, rendering these same channel (sic) unusable for Sprint Nextel well outside the metro and suburban areas of Detroit''). Reply at 4. See, e.g., Guide to Radio Communications Interoperability Strategies and Product
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of COUNTY OF LANCASTER, PENNSYLVANIA 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 Operate a County-Wide Trunked Public Safety Communications System Using Frequencies in the Television Channel 15 (476-482 MHz) Band ) ) ) ) ) ) ) ) ) ) File Nos. 0003458819, 0003458876, 0003458877 Order Adopted: February 9, 2011 Released: February 9, 2011 By the Chief, Public Safety and Homeland Security Bureau: introduction The County of
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  • on disputed issues and will prepare and submit a Recommended Resolution, along with the Mediation Record, to the FCC for de novo review. Additional information about mediation can be found in the TA's Alternative Dispute Resolution Plan. http://www.800ta.org/content/resources/ADR_Plan.pdf. See Fourth R&O, DA 11-315 at n.26. Applicants may request an exception to the freeze pursuant to the waiver criteria in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including but not limited to documentation demonstrating that they meet the waiver standard. Public Safety and Homeland Security Bureau Provides Guidance for Public Safety Licensees With Regard to License Application and Special Temporary
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  • spectrum allocated for Part 22 point-to-point and trunked mobile operations, Garden City Park seeks waiver pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 20.9(a)(6), 22.621, 22.623, and 22.651 of the Commission's rules, to use these frequencies for public safety purposes. In the alternative, the Fire District seeks a waiver pursuant to Section 1.925 of the Commission's rules. By this Order, we grant the Waiver Request as discussed herein. BACKGROUND The Fire District is part of a combined water and fire district that covers a one square mile area in Nassau County, New York. As the parent agency of the all-volunteer Garden City Park Fire Department, the Fire District is responsible for insuring that
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  • twelve frequencies designated for land mobile use under Part 22 of the Commission's rules for public safety purposes. Marin seeks waiver of Sections 20.9(a)(6) and 22.621 of the Commission's rules (and such other rule sections that may be necessary) pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, pursuant to Section 1.925 of the Commission's rules. By this Order, we deny Marin's request for relief under Section 337(c) but grant it under Section 1.925, as conditioned herein. background Marin's Waiver Request. Marin County asserts that its proposed facilities on the requested frequencies ``will be part of an existing integrated Public Safety Law Enforcement and Fire Service communications system in the 470-512 MHz
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  • or operate radios pursuant to this waiver are not eligible for reimbursement of the purchase price, reprogramming costs, or any other costs associated with modifying the equipment when a licensee migrates from the Guard Band. 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 Thales Communications, Inc. on September 20, 2010, IS GRANTED to the extent discussed herein SUBJECT TO THE FOLLOWING CONDITIONS: 1. Equipment produced and marketed pursuant to this waiver shall be field-programmable, such that channels in the frequency range 775-776/805-806 MHz are removed from the radio at the
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  • Jersey. See File No. 0004512973 (Nov. 30, 2010). The application was dismissed on February 4, 2011. See Dismissal Notice 5105831 (dated Feb. 4, 2011). See City of Summit, New Jersey, Order, 20 FCC Rcd 16181 (WTB PSCID 2005) (2005 Order). See City of Summit, New Jersey, Order, 25 FCC Rcd 8189 (PSHSB Policy 2010) (2010 Order). See 47 C.F.R. � 1.925. See 47 C.F.R. � 90.155(a). The license for Station WQDR764 was issued October 17, 2005, so the first construction deadline was October 17, 2006. See File No. 0002588217 (May 1, 2006) (Request to be Converted to Slow Growth). See 47 C.F.R. � 90.629 (extended implementation period). Summit's license expressly stated that ``[f]ailure to certify annually as to station construction commitments
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  • burden for small business concerns with fewer than 25 employees,'' pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to sections 1, 4(i), 301, 303, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332, and 337, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, THIS ORDER in PS Docket No. 06-229 is ADOPTED. IT IS FURTHER ORDERED that the Waiver Request filed by the State of Texas is GRANTED WITH CONDITIONS, as specified 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.
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  • Committee (NCC) was a Federal Advisory Committee chartered to provide the Commission with recommendations on the optimum use of the 700 MHz public safety spectrum that became available as a consequence of the digital television transition. Fourth Report and Order, 17 FCC Rcd at 2036 � 42. Id. 2034 at � 37. Id. 47 C.F.R. � 90.531(b)(1)(iii). 47 C.F.R. � 1.925(b)(3)(i)-(ii). In order to facilitate interoperability, we require that the deployable repeater systems authorized by this waiver be ``open,'' i.e., they shall not require a system key. In addition, Florida must advise all potential authorized users of the repeaters of the frequencies and other parameters of the deployable repeaters. See Petition for Rulemaking of the National Public Safety Telecommunications Council at
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-271A1.pdf
  • 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. 32. 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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)
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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)
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  • 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
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  • 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.
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  • 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,
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  • 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:
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  • 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
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  • 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
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  • 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-07-99A1.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
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  • 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.
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  • 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
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  • 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
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  • OMB, the general public, and other Federal agencies are invited to comment on the new or modified information collection requirements contained in this proceeding. ORDERING CLAUSES Accordingly, IT IS ORDERED that pursuant to sections 1, 4(i), 301, 303, 332 and 337of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 301, 303, 332 and 337, and Section 1.925 of the Commission's rules, 47 C.F.R. � 1.925, THIS ORDER in PS Docket No. 06-229 is ADOPTED. IT IS FURTHER ORDERED that the Waiver Requests filed by those parties listed in Appendix B, are GRANTED WITH CONDITIONS, as specified herein. IT IS FURTHER ORDERED that the Waiver Request filed by New EA d/b/a Flow Mobile, is DENIED, as specified herein.
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  • 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
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  • it will encourage more efficient use of the spectrum and provide improved opportunities for interoperable communications by the public safety and public service community, without the possibility of a net loss of public safety spectrum. V. Ordering Clauses 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 90.179 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.179, the Waiver Request filed by AEP on December 3, 1998, IS GRANTED IN PART and DENIED IN PART, as set forth above. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 CFR �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R.
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  • its own omissions, and because we have established no policy guaranteeing the automatic reinstatement of 218-219 MHz Service licenses, we conclude that Self Communications is apparently liable for a forfeiture in the amount of one thousand five hundred ($1500). ORDERING CLAUSES 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 of Self Communications, Inc., filed May 24, 1999, is GRANTED to the extent stated herein, the five-year progress report filed as Exhibit B to application FCC File No. D126953 IS ACCEPTED, and the license for Call Sign KIVD0006 IS REINSTATED. IT IS FURTHER ORDERED, pursuant to Section 503(b) of
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  • appropriate applications to accomplish the necessary divestitures by this date, whether to the contemplated carrier, to another carrier, or to a divestiture trust that complies with the Commission's rules. Accordingly, IT IS ORDERED that pursuant to sections 1, 2, and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 152, and 154(i), and sections 0.331, 1.3, 1.925(a), and 20.6(a) of the Commission's rules, 47 U.S.C. �� 0.331, 1.3, 1.925(a), 20.6(a), the Request for Extension of Waiver filed by VoiceStream Wireless Corporation and Omnipoint Corporation is GRANTED as indicated herein. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 20.6. Pursuant to Section 20.6(e)(1), divestiture of interests exceeding the spectrum
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  • for and was granted an authorization to use the channel formerly associated with that station. Thus, it appears that co-channel interference would occur if BFI's license for KRJ257 were reinstated as requested. 8. 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), 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 filed by Browning Ferris, Industries, Inc., on December 4, 1998, and resubmitted on September 14, 1999, IS DENIED. 9. 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 Section 1.949 of
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  • Technical Analysis Branch (the successor to the Land Mobile Branch) from processing Arizona's modification application, and we therefore direct the Licensing and Technical Analysis Branch to process the modification application with the ERP of the original authorization. Accordingly, pursuant to 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, IT IS ORDERED that the Request for Waiver filed by Dale Eaton and Henry Zappia d/b/a Arizona Two-Way Communications on April 30, 1996 IS DENIED, and that the modification application filed by Dale Eaton and Henry Zappia d/b/a Arizona Two-Way Communications on April 30, 1996 BE PROCESSED. This action is taken pursuant
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  • Commission's refusal to grant relief to entities such as Pasquet in the 218-219 MHz Flex Order and Pasquet's failure to satisfy the waiver standard, we deny Pasquet's request for a waiver. IV. ORDERING CLAUSES 7. 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 Section 1.925(b)(3)(ii) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3)(ii), the rule waiver request that was filed by Bernard Pasquet on December 31, 1996, IS DENIED. 8. 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
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  • 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
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  • 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 &
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  • 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
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  • had operated its telemetry system on frequency 155.760 MHz for over sixteen years and depended on continued use of this system to ensure the continual operation of its growing sanitary sewer and community well systems. Suffolk also reiterated its claim that it had never experienced an impact to or from other operations in its utilization of this frequency. Discussion. Section 1.925(b)(3) of the Commission's Rules provides that the Commission may grant a waiver of a rule upon a showing that (i) the underlying purpose of the rule would not be served by application in the instant case and that a grant would be in the public interest; or (ii) in view of the unique or unusual factual circumstances of the instant
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  • 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
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  • C.F.R. � 0.331, the cellular or PCS licenses that are put into the divestiture trust will automatically cancel if not divested to a third party within 180 days of transfer or assignment to the trust. 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 April 6, 2000, by Bell Atlantic Corporation, GTE Corporation, and Vodafone AirTouch Plc, IS GRANTED for a period not to exceed 90 days with respect to PCS-cellular overlaps in the Chicago,
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  • requirements under Section 24.709 of the Commission's rules to allow it to participate in the PCS C and F block auction scheduled to begin on July 26, 2000. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. SBC requests a waiver under Section 1.925 of the Commission's rules to allow companies other than such entities to participate in the upcoming C and F block auction. SBC argues that granting its waiver request and allowing it to participate in the upcoming C and F block auction would serve the public interest by speeding the delivery of wireless services to the public and enhancing competition in
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  • 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
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  • Released: July 7, 2000 By the Deputy Chief, Wireless Telecommunications Bureau: iNTRODUCTION We have before us a request from the Hauppauge Fire District (Hauppauge) for reconsideration of the decision of the Wireless Telecommunications Bureau (Bureau) denying its request for a waiver of the Commission's Rules, pursuant to Section 337 of the Communications Act of 1934 (Act), as amended, and Section 1.925 of the Commission's Rules. Upon consideration of the arguments and the record presented by Hauppauge, we deny the Petition. background Hauppauge is a public agency which provides fire fighting services to an eight square-mile district within Suffolk County, on Long Island, New York. It is the licensee of Station KEC785, and currently operates a 46 MHz band fire radio system,
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  • waiver is appropriate. Finally, the requested waiver is not of great magnitude, in that Wilderness seeks to use equipment with only a slightly lower payload capacity than the rules require. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 101.141(a)(3) of the Commission's Rules, 47 C.F.R. �� 1.925, 101.141(a)(3), Wilderness Valley Telephone Company's Request for Waiver filed on May 12, 1999 IS GRANTED, and the associated applications, FCC File Nos. 9901714 and 9901715, WILL BE REFERRED to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch for further processing consistent with this Order. 8. This
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  • operations may incur interference and TCC would be subject to accept such interference. However, because frequencies in the 30 MHz band are sparsely used, we do not expect this to be a problem. IV. ORDERING CLAUSES 9. 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 90.35(e)(2) of the Commission's Rules, 47 C.F.R. �� 1.925, 90.35(e)(2), TCC's waiver request filed on February 25, 1997 is GRANTED with respect to Call Signs WNCX690, WNDK510, WNEC778, WNRC879, WNRZ356 and WPIH848, and its developmental licenses will be MODIFIED as set forth herein. 10. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
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  • 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,
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  • July 11, 2000 Before the Deputy Chief, Wireless Telecommunications Bureau: INTRODUCTION We have before us a request from the County of Sacramento, California (Sacramento) for reconsideration of our denial of its request for a waiver of the Commission's Rules and dismissing its associated license application pursuant to Section 337 of the Communications Act of 1934 (Act), as amended, and Section 1.925 of the Commission's Rules. Upon reconsideration of the arguments and the record presented, we now find that Sacramento has properly invoked the provisions of Section 337(c) of the Act and that it meets the statutory criteria for granting a waiver of the Commission's Rules. Specifically, we find that: (a) no spectrum other than the unassigned Part 90 frequency at issue
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  • filed November 10, 1999; Closed Broadcast Auction - 224 Qualified Bidders, Public Notice, DA 99-1912 at Attachment C (rel. September 17, 1999) (``Qualified Bidders Public Notice''); Closed Broadcast Auction - Revised Attachments Listing Qualified Bidder Status, Public Notice, DA 99-1949 at Attachment C (rel. September 22, 1999). See NSB Declaration at � 6. PVBI Petition at 5. Id. 47 C.F.R. �1.925. Letter from Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Richard Haeder, DA 99-1854 (rel. September 14, 1999) (``Haeder''). PVBI cites Haeder for the proposition that an applicant's failure to meet pre-auction deadlines is not a special circumstance warranting a waiver. PVBI Petition at 4. PVBI misconstrues this decision. The Division held that applicants are responsible
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  • license. The Bureau is releasing a Public Notice seeking comments on FreePage's Petition insofar as it requests rule amendments. For the reasons discussed below, this order denies FreePage's waiver, experimental license, and developmental license requests. 6. Waiver Request. FreePage seeks a waiver of Section 22.323 of the Commission's rules so that it can begin providing LPDS in several cities. Section 1.925, ``Waivers,'' sets forth the Commission's standards for granting waivers. It provides that waivers may be granted if the petitioner has shown: (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
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  • Inc., Memorandum Opinion and Order, 52 FCC 2d 1009 (1975)) (Houston Mobilfone). 47 C.F.R. � 1.106. ADF Petition at 6. Frequency Coordination in the Private Land Mobile Radio Services, Report and Order, PR Docket No. 83-737, 103 FCC 2d 1093, 1101, para. 18 (1986). Id. at 1102, para. 21. 1999 MO&O at 7. ADF Petition at 7-9. 47 C.F.R. � 1.925(b)(3)(i). 1999 MO&O at 7. Id. 1999 MO&O at 8 (citing Amendment of Parts 1 and 90 of the Commission's Rules Concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Report and Order, 6 FCC Rcd 7297, 7301 at para. 20 (1991)). Id. at 8. Id. Id. Id. Id. at 11-12 (citing Amendment of Parts 0, 1, 13,
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  • 1, 1999) (Richter Letter). See 47 U.S.C. � 337; see also Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251 (1997), � 3004 (Balanced Budget Act). 47 C.F.R. Parts 22, 90. See Letter from Fred Sanchez, Chief of Police, City of Pomona, to FCC (dated Feb. 9, 1999). 47 C.F.R. � 90.151 (1998) (currently 47 C.F.R. � 1.925). Because this Order grants the Waiver Request pursuant to Section 337, we will not address its arguments for a waiver pursuant to former Section 90.151. See 47 C.F.R. Part 22. Part 22 governs the use of spectrum for certain common carrier Public Mobile Radio Service licensees. Application Return Notice for the Private Land Mobile Radio Services (June 18, 1999). Id.
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  • that Kenwood has not demonstrated that a blanket rule waiver permitting amateur service licensees to utilize the 144 MHz band to operate a Sky Command system is warranted under the circumstances presented. V. ORDERING CLAUSES 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 Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the request for declaratory ruling or waiver filed by Kenwood Communications Corp. on November 4, 1999, 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 and Private Wireless
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  • the LMS license in BEA 107C. Metro-Trak's amount on deposit for upfront and down payments will be applied to this initial default payment (BEA 164C). If additional payment is required after BEA 164C is re-auctioned, a second order will be issued to assess the amount due. IV. Ordering Clauses 15. Accordingly, IT IS ORDERED that, pursuant to sections 0.331 and 1.925(b)(3) of the Commission's rules, 47 C.F.R. �� 0.331, 1.925(b)(3), Metro-Trak L.L.C.'s Letter, dated June 30, 1999, requesting a waiver of Section 1.2109(a) of the Commission's rules, 47 C.F.R. � 1.2109(a), IS DENIED. 16. IT IS FURTHER ORDERED that, pursuant to sections 0.331 and 1.2104(g) of the Commission's rules, 47 C.F.R. �� 0.331, 1.2104(g), Metro-Trak L.L.C. is assessed an initial default
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  • satisfactory coverage difficult and costly. TeleCorp also submits that a waiver of the five year construction requirements would encourage service to rural areas. We seek comment on whether granting TeleCorp's waiver request would further the public interest. Commenters should address the sufficiency of the showing made in support of the waiver in light of the requirements of 47 C.F.R. � 1.925 and any other public interest considerations. Interested parties may file comments on or before September 4, 2000. Parties interested in submitting reply comments must do so on or before September 19, 2000. All comments should reference TeleCorp's request for waiver and include the DA number of this Public Notice DA 00-1748. Comments should be filed with the Office of the
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  • it covers 31.2 percent of its market and, given the low population density, it should be deemed to have met the threshold. We seek comment on whether granting WV PCS's waiver request would further the public interest. Commenters should address the sufficiency of the showing made in support of the waiver in light of the requirements of 47 C.F.R. � 1.925 and any other public interest considerations. Interested parties may file comments on or before September 4, 2000. Parties interested in submitting reply comments must do so on or before September 19, 2000. All comments should reference WV PCS's request for waiver and include the DA number of this Public Notice DA 00-1749. Comments should be filed with the Office of
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  • total partitioned area. In addition, TeleCorp also submits that a waiver of the five year construction requirements would encourage service to rural areas. We seek comment on whether granting TeleCorp's waiver request would further the public interest. Commenters should address the sufficiency of the showing made in support of the waiver in light of the requirements of 47 C.F.R. � 1.925 and any other public interest considerations. Interested parties may file comments on or before September 4, 2000. Parties interested in submitting reply comments must do so on or before September 19, 2000. All comments should reference TeleCorp's request for waiver and include the DA number of this Public Notice DA 00-1750. Comments should be filed with the Office of the
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  • regional construction requirements to certain of NRTC's facilities would impede construction of its integrated system and frustrate the goal of providing service to rural areas. NRTC contends that the construction requirements for Phase II nationwide licenses are best suited to the construction of a system that is intended to serve sparsely populated geographic territories. III. Discussion 7. 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
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  • third party licensees. We therefore will not revisit this issue here. For these reasons, we find that Omnipoint has made a sufficient showing that grant of a waiver for PCS licensees is warranted under the circumstances described above. 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(b)(3) of the Commission's rules, 47 C.F.R. � 1.925(b)(3), the request for waiver filed by Omnipoint Communications, Inc. is GRANTED as detailed above. FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Deputy Chief Wireless Telecommunications Bureau 47 C.F.R. �24.238. Wireless Telecommunications Bureau Requests Comment on Omnipoint Communications, Inc. Request for Declaratory Ruling or Waiver Concerning PCS Emission Limits Rule � 24.238, Public Notice,
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  • on February 23, 2000, and GLM did not request renewal pending resolution of its petition for reconsideration. Moreover, because the STA has expired, there is nothing before us to be extended. IV. ORDERING CLAUSES 9. 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 GLM Communications, Inc., on December 29, 1999 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 D'wana R. Terry Chief, Public Safety and Private Wireless Division
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  • request for a waiver of Section 101.81 of the Commission's Rules, and forward the application to the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch, for processing in accordance with the applicable Commission Rules. ordering Clauses 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 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Temporary Waiver of Section 101.81 of the Commission's Rules of Northwest Missouri Cellular, filed on August 18, 1999, IS DENIED. IT IS FURTHER ORDERED that application FCC File Nos. 0000024117-0000024119, filed by Northwest Missouri Cellular on August 18, 1999, SHALL BE PROCESSED by the Public Safety and Private Wireless
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  • is misplaced, for the Commission has decided that the effect on relocation costs is a relevant decisional factor only when licensees propose minor modifications, and not when they propose major modifications, such as increasing the bandwidth. 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 Sections 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, that the request for a waiver filed by Illinois Valley Cellular RSA 2, Inc. on August 26, 1999, is DENIED. IT IS FURTHER ORDERED that application FCC File No. 0000035142 to modify the facilities for Stations WMM680 and WMS806, filed August 26, 1999, SHALL BE PROCESSED by the Public
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  • an applicant may apply for to allow for system growth while minimizing ``warehousing'' of shared private land mobile radio spectrum. See Third MO&O, 14 FCC Rcd 10922 at 10930-10931 � 18. In neither its initial application nor its reconsideration request does Valley Industrial justify a waiver of this limitation, now codified in Section 90.187(e), 47 C.F.R. � 90.187(e). Under Section 1.925(b)(3) of the Commission's Rules, we may grant a request for waiver (a) when the underlying purpose of the rule would not be served by application to the instant case and a waiver is in the public interest; or (b) when in view of the unique or unusual circumstances of the case, application of the rule would be inequitable, unduly burdensome
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  • certain franchise areas held by Century and FrontierVision. Hyperion submitted its waiver request on December 9, 1999, requesting a permanent waiver of the LMDS eligibility restriction or, in the alternative, a waiver pending the outcome of the Sixth Notice of Proposed Rulemaking. discussion Permanent Waiver Request. The Commission's Rules allow for waiver of specific rule requirements upon certain showings. Section 1.925 of the Commission's Rules requires a petitioner to demonstrate either that (a) the underlying purpose of the rule will not be served, or would be frustrated by application to the instant case, and that a grant of the waiver is otherwise in the public interest; or (b) in view of unique or unusual factual circumstances of the instant case, application
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  • COMMUNICATIONS, INC.'S PETITION REGARDING PCS C AND F BLOCK SPECTRUM EXTENSION OF FILING DEADLINE FOR COMMENTS TO SBC COMMUNICATIONS INC.'S REQUEST FOR WAIVER Comment Date: February 14, 2000 Reply Date: February 22, 2000 Nextel Communications, Inc. (``Nextel'') has filed a petition requesting expedited rulemaking under Section 1.401, or in the alternative, waiver of the Commission's rules under Sections 1.3 and 1.925. Nextel seeks modification or waiver of the Commission's eligibility and bidding rules with respect to PCS C and F block spectrum. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. Nextel requests that the Commission allow companies other than such entities to participate
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  • Land Mobile Waiver Requests, dated June 4, 1996. Id. Letter from Michael J. Regiec, Deputy Chief, Land Mobile Branch, to Nancy J. Douglas, Country Communications, Inc., dated January 28, 1997. Id. Country Petition at 5-6. See 220 MHz Second Report and Order, 11 FCC Rcd at 3669, � 4. Id. 47 C.F.R. �� 1.918(b) and 90.161(a). See 47 C.F.R. � 1.925(b)(3)(ii). See also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular Telephone Company, L.P., et al., 897 F.2d 1164 (D.C. Cir. 1990). See Amendment of Part 90 of the Commission's Rules to Provide for the Use of the 220-222 MHz Band by the Private Land Mobile Radio Service, PR Docket No. 89-552, Implementation of Sections 3(n)
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  • Distribution Service (LMDS) licenses in South Dakota and Iowa, jointly filed a ``Request for Clarification of De Facto Control Policy and Request for Authority to Operate Broadband PCS and LMDS Facilities Pursuant to Spectrum Lease Arrangement'' (Clarification Request). They propose to enter into a spectrum lease and joint operating arrangement. The Rural Carriers filed their Clarification Request pursuant to Section 1.925 of the Commission's rules. In the alternative, they request a waiver of Commission rules. The Rural Carriers have also submitted a suggested spectrum use agreement. As indicated above, the Rural Carriers propose to enter into a spectrum lease and joint operating arrangement. Each of the Rural Carriers would be a member of a joint operating arrangement of a proposed limited
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  • of a new emission mask for the 24 GHz band. As a result, we deny Hughes's request for a ruling that Teligent's waiver of the emission mask requirement extends to the certification of Hughes equipment manufactured to specifications other than those in the Part 101 rules. The Commission's Rules allow for waiver of specific rule requirements upon certain showings. Section 1.925 of the Commission's Rules requires a petitioner to demonstrate either that (a) the underlying purpose of the rule will not be served, or would be frustrated by application to the instant case, and a grant of the waiver is otherwise in the public interest; or (b) in view of unique or unusual factual circumstances of the instant case, application of
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  • path. This path would be used to incorporate an early warning feature to minimize the lag time between a vehicle's theft and the time that the theft is discovered and reported to the police. The uplink transmission would also be used to acknowledge base station instruction messages, which would reduce the number of base station transmissions. III. DISCUSSION 4. Section 1.925 of the Commission's Rules requires a party seeking waiver of specific rule requirements to demonstrate either that (a) the underlying purpose of the rule will not be served or would be frustrated by application to the instant case, and that a grant of the waiver is in the public interest; or (b) in view of the unique or unusual factual
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  • MHz Service system with an ERP of up to 250 watts, co-located with the transmitter for Channel 13 Television Station WTHR. All other 218-219 MHz Service rules continue to apply to DITV's system. V. ORDERING CLAUSES 11. 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, DITV's Amendment to Request for Waiver, filed on June 9, 1998, IS GRANTED. 12. 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 Bureau
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  • 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
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  • 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
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  • Ledyard, Connecticut without being authorized, either permanently or temporarily, at the requested coordinates. Therefore, we will refer the matter to the Commission's Enforcement Bureau for an investigation. 5. Accordingly, IT IS ORDERED that, pursuant to authority delegated by sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C. �� 154(i) and 405, and pursuant to sections 1.106 and 1.925 of the Commission's rules, 47 C.F.R. � 1.106, 1.925, we grant the petition for reconsideration filed by Ann Leggett on December 17, 1996, and amend her license for a non-nationwide Phase 1220 MHz license, call sign WPCV789, to reflect the coordinates 41 25' 45" North and longitude 073 03' 28" West. 6. IT IS FURTHER ORDERED that we shall refer
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  • its failure to state any unique or unusual factual circumstances, that we conclude that PVT has not demonstrated the lack of a reasonable alternative to justify its waiver. Thus, we deny PVT's requests for waiver. 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, 1.2110 and 101.1209 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.2110 and 101.1209, PVT Networks, Inc.'s requests for waiver filed on March 13, 2000, and May 23, 2000, respectively, ARE DENIED. IT IS FURTHER ORDERED that application FCC File No. 0000137330 filed by PVT Networks, Inc. on March 13 2000, SHALL BE PROCESSED by the Public Safety and Private
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  • 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
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  • a departure from the basic nature of the FRS. In this regard, we note that Garmin recently submitted information showing that transmission of GPS-derived location information would only be an enhancement to its FRS unit's voice capabilities29 and that it would be possible to limit transmission of this information to only once every ten seconds.30 Thus, we will require 23See47C.F.R. �1.925(bK3). 24 See Revision of the Commission's Rules To Ensure Compatibility with Enhanced 911 Emergency Calling Systems, Fourth Memorandum Opinion and Order, CC Docket No. 94-102, FCC 00-326, f 43 (rel. September 8, 2000). 25 See Report and Order, 11 FCC Red at 1297813. 26 See 47 C.F.R. � 95.193(a). 27 June 2000 Waiver Request at 3. 24 Id. 29 August
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  • in which case the applicant must indicate in Exhibit G that it has filed a confidentiality request. Because the required information bears on applicants' qualifications, the FCC envisions that confidentiality requests will not be routinely granted. 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. Attachment E AUCTION-SPECIFIC INSTRUCTIONS FOR FCC REMITTANCE ADVICE (FCC FORM 159-July 1997 edition) Upfront Payments The following information supplements the standard instructions for FCC Form 159, and is provided to help ensure correct completion of FCC Form 159 for upfront payments for Auction No. 35. Applicants need to complete FCC Form 159 carefully, since: Mistakes may affect their bidding eligibility;
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  • 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
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  • Quiet Zone have prevented them from offering service to significant portions of their licensed areas. Under these circumstances, we believe that enforcing the existing buildout and unserved area rules would serve no useful purpose and would potentially encourage the filing of speculative applications. We disagree, however, that a rulemaking proceeding is the best method to address this situation. Under section 1.925 of the Commission's rules, rules associated with licenses in the Wireless Radio Services, including cellular, may be waived when (1) 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 (2) in view of unique or
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of STATE OF OHIO Applications for 800 MHz General Category Channels and Request for Waiver Pursuant to Section 337(c) of the Communications Act of 1934 and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) ) FCC File Nos. A051346, A051773, A051775, A051776, A052254, A052257, A053871, A054250, A054249, A054251, A051347 and A056224. ORDER Adopted: October 23, 2000 Released: October 25, 2000 By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: On October 13, 2000, the State of
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  • 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
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  • 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
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  • 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
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  • 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
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  • PUBLIC NOTICE Federal Communications Commission 44512th 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 DA 00-2672 Released: November 27, 2000 WIRELESS TELECOMMUNICATIONS BUREAU EXTENDS MANDATORY NEGOTIATION PERIOD FOR THE RELOCATION OF INCUMBENT LICENSEES IN THE 800 MHz BAND UNTIL MARCH 5, 2001 PR Docket 93-144 Pursuant to Sections 0.331 and 1.925 of the Commission's Rules, 47 C.F.R. �� 0.331, 1.925, the Wireless Telecommunications Bureau (Bureau) hereby extends, for an additional 90 days, the mandatory negotiation period for the relocation of incumbent licensees in the upper 200 channels of the 800 MHz band. Accordingly, the December 4. 2000 expiration date for the mandatory negotiation period will be extended until March 5, 2001.'
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  • 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
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  • 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
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  • 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
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  • 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,
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  • states that it would make the Business and I/LT frequencies available, at no charge, for its customers, who are each Business and I/LT eligibles. Furthermore, Creative asserts that use of these four frequencies would be limited to use on an itinerant basis, primarily for talk-around, mobile-to-mobile communications in situations where use of its SMR system is not otherwise feasible. Section 1.925 of the Commission's Rules permits grant of a rule waiver request if 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.'' Alternatively, an applicant's request for waiver may be granted if ``in view of the
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  • 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
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  • filing deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding markets to their short form applications, unless a waiver of the rules is warranted. The facts presented in Pass Word's Request show unique circumstances supporting the grant of this waiver pursuant to Section 1.925 of the Commission's Rules. Consequently, we will permit Pass Word to amend its FCC Form 175 to add the licenses listed in its request, and this amendment will allow Pass Word to bid on those licenses. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • we will grant Troy State's applications to modify its licenses for Stations WNTN678 and WNTN679 to allow it to operate in the 2 GHz band on a secondary basis to ET licensees. ORDERING CLAUSES 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 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Request for Co-Primary Frequency Assignment of Troy State University, dated February 14, 1997, IS DENIED and the licenses for Stations WNTN678 and WNTN679 will be modified to restore the authorization to operate on 2 GHz frequencies but only on a secondary basis to ET systems. This action is taken under
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  • we will grant Troy State's applications to modify its licenses for Stations WNTN678 and WNTN679 to allow it to operate in the 2 GHz band on a secondary basis to ET licensees. ORDERING CLAUSES 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 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, the Request for Co-Primary Frequency Assignment of Troy State University, dated February 14, 1997, IS DENIED and the licenses for Stations WNTN678 and WNTN679 will be modified to restore the authorization to operate on 2 GHz frequencies but only on a secondary basis to ET systems. This action is taken under
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  • and 90 of the Commission's Rules concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Report and Order, 6 FCC Rcd. 7297,7301-7302, � 25 (PLMRS Report and Order) ("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 Rules
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  • June 11, 1997. Branch Letter at 2-3. Id. at 2. Id. Id. at 3. According to our licensing records, the special temporary authority is scheduled to expire on June 5, 2000. Waiver Request at 9; Petition at 14-15. Waiver Request at 9; Petition at 14-15. Petition at 16-17. Id. at 17. 47 C.F.R. � 90.151(a) (1998) (now 47 C.F.R. � 1.925(b)(3)). See Petition at 8-14. Id. at 11. Id. at 12. Id. at 18. Opposition at 4. See id. at 5-6. See id. at 7-8; Opposition to Emergency Motion for Stay filed by Hub Folding Box, Fischbach & Moore, Perini Corp., and Industrial Communications & Electronics, Inc. on January 13, 1999, at 7. 47 C.F.R. � 1.1110(f) (1996); see also Establishment
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  • development of federal/state/local systems, promote more efficient use of the spectrum, and provide improved opportunities for interoperable communications by the public safety, public service, and defense communities on the federal, state, and local levels. V. ORDERING CLAUSES 17. 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 90.173 of the Commission's Rules, 47 C.F.R. �� 1.925; 90.173, the waiver of Section 90.173, filed by the State of Wisconsin on October 9, 1998, IS CONDITIONALLY GRANTED, as set forth above, and the application for modification of Station KQO228 filed by the State of Wisconsin on October 9, 1998, WILL BE PROCESSED. 18. IT IS FURTHER ORDERED that
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  • rules in section 20.6, including section 20.6(d)(3), are not applicable to section 22.942, and the USCC voting trust is not in compliance with section 22.942. Consequently, the voting trust does not qualify for grandfathering since it was never a proper vehicle for USCC to holds its interests in the B-block license in Rockford.35 B. Request for Waiver 12. Background. Section 1.925 of the Commission's rules, which governs requests for waivers of the Part 22 rules, states that "[t]he 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
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  • carrier basis. 5. On September 11, 1998, Nextel filed applications seeking to convert the status of four POFS stations located in Nevada from private to common carrier status. The applications were accompanied by a request for waiver of Section 101.603(b)(1) to permit carriage of common carrier traffic on 2 GHz frequencies allocated exclusively to the POFS. III. DISCUSSION 6. 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
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  • C.F.R. � 90.259 limits the use of frequencies in the 1427-1435 MHz band to telemetry operations. 47 C.F.R. � 90.20(f)(5) permits a police licensee to use any frequency between 40 and 952 MHz for physical surveillance, stakeouts, raids and other such covert operations without special authorization from the Commission. Petition at 1, 4. Id. at 4. See 47 C.F.R. � 1.925(c)(i) (codifying practice). Petition at 4. See 47 C.F.R. � 1.106(b)(1). Petition at 6. Id. See also Itron's Engineering Analysis at 3. Opposition at 8 and Exhibit A. Petition at 1. Opposition at 6. (continued....) Federal Communications Commission DA 00-398 Federal Communications Commission DA 00-398 (c) � �@��� @& f
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  • not be in the public interest. Because we conclude the Celtronix has not provided sufficient justification for the waivers to operate such a system, we deny its waiver requests and dismiss the associated applications. 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), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver request filed by Celtronix, Inc., on July 19, 1999, IS DENIED. IT IS FURTHER ORDERED that the application of Celtronix, Inc. to operate a private land mobile system on a secondary basis in the 218-219 MHz band in the Virginia Tidewater area, FCC File No. D128959, IS DISMISSED. This action
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  • not be in the public interest. Because we conclude the Telemetron has not provided sufficient justification for the waivers to operate such a system, we deny its waiver requests and dismiss the associated applications. 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), 309, and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the waiver requests filed by Telemetron, Inc., on April 27, 1999 and June 11, 1999, ARE DENIED. IT IS FURTHER ORDERED that the applications of Telemetron, Inc. to operate a nationwide private land mobile system on a secondary basis in the 218-219 MHz band, FCC File Nos. D125581 and D133075, ARE DISMISSED.
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  • for waiver of the short-form (Form 175) application submission deadline is denied. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Mark R. Bollinger Acting Chief Auctions and Industry Analysis Division Wireless Telecommunications Bureau See Three Angels Broadcasting Network, Inc. Request for Waiver, filed on or about February 24, 2000. 47 C.F.R. � 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). See "Supplemental Closed Broadcast Auction; Auction No. 28, Notice and Filing Requirements for Auction of AM, FM, TV, LPTV, and FM and TV Translator Construction Permits Scheduled for March 21, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-2958 (rel. December
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  • Section 0.331 of the Commission's Rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter from William Buxbaum, Attorney for Network Services, LLC. to Amy Zoslov, Chief, Auctions & Industry Analysis Division, Wireless Telecommunications Bureau Telecommunications Bureau, Federal Communications Commission, February 18, 2000 (``Request''). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. 47 C.F.R. � 0.331. William Buxbaum, Esq. March 2, 2000 Washington, DC 20554 � � � '' � ���� ?~����vp ---x7�K -�Mn�m�U�����U�� �e`�����O���u�P�V�...�/`� jQ!�Gx-��a�w6Ұ���''� � �E%...EAJ�ST� �T �(R)"��-�7#;W*T[�#frUi<�w�1=/ ]�-N�mW����Yls|1ь�
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    • Telecommunications Bureau. 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, 13 FCC Rcd 21207, WT Docket No. 98-20 (1998). Section 101.23 was superseded by 47 C.F.R. � 1.925, the language of which is, in pertinent part, substantially the same as that of former 47 C.F.R. � 101.23. See 47 C.F.R. � 101.109. Waiver Request at 4. Id. at 4-5; Waiver Supplement at 2. Waiver Request at 7. Id. Order, 13 FCC Rcd at 25393-94 �� 7-11. Petroleum Communications, Inc., filed a Petition for Clarification noting that because the
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    • of a waiver is warranted under the circumstances described. Accordingly, based on the record in this proceeding, we conclude that a rule waiver is not justified. Consequently, this Order denies Datacom's Waiver Request. V. ORDERING CLAUSES 10. IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C �� 154(i), 405, and Section 1.925 of the Commission's Rules, 47 C.F.R � 1.925 that Datacom's request for waiver of Sections 101.101 and 101.109 of the Commission's Rules, 47 C.F.R. �� 101.101, 101.109, filed March 24, 1999, IS DENIED. 11. 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 and 0.331. FEDERAL COMMUNICATIONS COMMISSION
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    • application, may grant the renewal nunc pro tunc. Because the licensees timely constructed their authorization and are currently providing service, grant of the waiver is in the public interest. We therefore will grant the requested waiver. . Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 C.F.R. � 154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the requests for waiver filed by Andrea Hall and David Fitts on March 5, 1999 ARE GRANTED. FEDERAL COMMUNICATIONS COMMISSION Suzan Friedman Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau Section 90.151 was replaced by section 1.925 prior to the filing of the Petitioners' request. Biennial Regulatory
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    • three percent and twenty percent of the defaulted bid amount. Once the license(s) have been auctioned the total default payment will be calculated and the Commission will either assess the final balance or refund any amounts due to the defaulting bidder. Section 1.3 of the Commission's Rules permits the Commission to waive its rules if good cause is demonstrated. Section 1.925 of the Commission's Rules provides that a waiver of the Commission's rules will not be permitted except upon an affirmative showing that either: (a) the underlying purpose of the rule will not be served in a particular situation and that granting the waiver request is in the public interest; or (b) the ``unique or unusual factual circumstances of the instant
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    • Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 90.149(a) (1998). Id. We note that section 90.149(a) (1998), in effect at the time the waiver requests were filed, expressly provided that a license automatically cancels if no timely reinstatement request is filed. See 47 C.F.R. � 90.151 (1998). We note that while section 90.151 has been superseded by 47 C.F.R. � 1.925, we would deny the instant waiver requests under the revised rule as well. Federal Communications Commission DA 00-58 Federal Communications Commission DA 00-58 (R) � (R) � � � � � � � � (R) � � � � � � � � � � � � � � � � � � � � " � � � �
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    • reinstatement after the end of the applicable additional 30-day period. However, Brisbin timely constructed his authorization and is currently providing service. We therefore grant his Petition and, accordingly, grant his requested waiver and reinstate his license. . Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, 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 Ivan Brisbin on September 11, 1998 IS GRANTED. . IT IS FURTHER ORDERED that, 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, the request for
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    • August 10, 1999. Ventresca has not shown that granting the waiver would be in the public interest or described unique or unusual factual circumstances that would justify granting the waiver. We therefore deny his waiver request. . Accordingly, IT IS ORDERED that, 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, the request for waiver filed by Robert Ventresca on April 5, 1999 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Suzan Friedman Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 1.949(a). Ventresca actually requests a waiver of 47 U.S.C. � 1.958 (1998), which has been superseded by
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    • February 9, 1999 IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Suzan Friedman Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 90.149(a) (1998). Id. We note that this particular provision of section 90.149(a) has since been deleted. See 47 C.F.R. � 90.151 (1998). We note that while section 90.151 has been superseded by 47 C.F.R. � 1.925, we would grant the instant waiver request under the revised rule as well. Federal Communications Commission DA 00-61 Federal Communications Commission DA 00-61
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    • (FCC Form 175) are treated as exempt proceedings, and therefore, not subject to the ex parte prohibitions that generally pertain to restricted proceedings. Cook further asserts that the Bureau was ``unjustifiably generous in accepting Pass Word's claim that it was confused by auction materials.'' Requests for waiver of rules must meet the criteria for granting a waiver. Pursuant to Section 1.925 of the Commission's Rules, Pass Word's Request showed unique circumstances supporting grant of the waiver. Furthermore, we concluded that granting the waiver did not undermine the purpose of the rule because we found credible Pass Word's explanation of its mistake. Cook also argues Pass Word's original application ``was a significant factor in Cook's auction strategy, including the determination of its
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    • FMS stations, by modification or ``re-licensing.'' Accordingly, we do not believe that Plumas-Sierra has shown that its case presents unusual or unique circumstances warranting grant of a waiver of the Commission's rules. IV. ORDERING CLAUSES 11. 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 1.925 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 101.69, the Request for Waiver of Plumas, filed March 23, 1999, IS DENIED. 12. 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
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    • has no reasonable alternative to its proposed system. Accordingly, we deny the waiver request, and will issue the modified licenses for Stations WMJ503 and WHB542, and the license for the new Boonville station, on a secondary basis. 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, 101.69, the Request for Waiver of Cybertel RSA Cellular, L.P., filed on March 23, 1999, IS DENIED and the license for the facility at Boonville, Missouri and the modified licenses for Stations WMJ503 and WHB542 will be issued with secondary status. This action is taken under delegated authority
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    • initial filing deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding markets to their short form applications, unless a waiver of the rules is warranted. The facts presented in Applicants' Requests show unique circumstances supporting the grant of these waivers pursuant to Section 1.925 of the Commission's rules. Consequently, we will permit Applicants to amend their short-form applications to add the licenses listed in their Requests, and these amendments will allow Applicants to bid on those licenses. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications
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    • initial filing deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding licenses to their short form applications, unless a waiver of the rules is warranted. The facts presented in Applicant's Request show unique circumstances supporting the grant of these waivers pursuant to Section 1.925 of the Commission's rules. Consequently, we will permit Applicant to amend its short-form application to add the licenses listed in its Request, and these amendments will allow Applicant to bid on those licenses. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications
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    • 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
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    • is warranted or would be in the public interest. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's Rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter from Jason Bunch, NTCH, Incorporated, to Kathy Garland, Wireless Telecommunications Bureau, Federal Communications Commission, filed March 29, 2000. 47 C.F.R. � 1.925. See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Scheduled for April 12, 2000: Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice''). See Auction No. 30
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    • approves the applications requesting Commission consent to transfer control of cellular and microwave licenses currently controlled by MetaComm Cellular, L.L.C. to WWC Holdings Co., Inc. No comments or. petitions to deny were received in response to the public notice announcing that the applications had been accepted for filing. See WTB Rpt. No. 380, rel. Nov. 24, 1999. Pursuant to section 1.925(a) of the Commission's rules, refptr://102bOcO/47 C.F.R. � 1.925(a). the Bureau also grants the parties' request for a waiver of section 22.943(b) of the Commission's rules, refptr://!Q2b54Q/47 C.F.R. � 22.943(b), with respect to MetaComm's unserved area licenses for Montana RSA No. 8 and Wyoming RSA No. 1. reffatr://10282eO/Section 22.943(b) of the Commission's rules provides that the Commission will not accept transfer
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    • the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, ET Docket No. 95-183, 14 FCC Rcd 12428, 12437 � 12 (1999). Further Petition at 4-5. See 47 C.F.R. � 1.7. See 47 C.F.R. � 1.106(i). Further Petition at 4-5. 47 C.F.R. � 1.7. 47 C.F.R. � 0.401. Further Petition at 6-8. 47 C.F.R. � 1.925(b)(3). Moreover, there are substantial reasons to apply the rules. While the Secretary's Office currently stops accepting filings at 7 p.m., filings may be submitted to the Commission's lockbox at the Mellon Bank until midnight. Granting a waiver to allow a reconsideration petition to be filed at the Commission's lockbox would therefore permit a petitioner to avoid the filing deadline. Further
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    • Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter to Margaret Wiener, Chief, Legal Branch, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Messrs. Thomas Gutierrez and Todd Slamowitz, Counsel for Bell Mountain Communications, Inc., Re: Waiver of Upfront Payment Deadline (April 5, 2000) (``Request''). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Scheduled for April 12, 2000: Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice''). See Auction No. 30
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    • deadline, and this includes changes in license service areas identified on an applicant's short-form application. We continue to interpret this rule to prohibit applicants from adding licenses to their short form applications, unless a waiver of the rules is warranted. The facts presented in your Request do not show unique circumstances supporting the grant of these waivers pursuant to Section 1.925 of the Commission's rules. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Mr. David E. Beyerle (April 6, 2000) (``Request''). You selected the following market
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    • Band; Status of Applications to Participate in the Auction,'' Public Notice, DA 00-615 (rel. March 17, 2000) (``Auction No. 30 Status Public Notice''). See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; 35 Qualified Bidders,'' Public Notice, DA 00-724 (rel. March 31, 2000) (``Qualified Bidders Public Notice''). See 47 C.F.R. � 1.925. Section 1.925 of the Commission's rules requires that to obtain a waiver of the Commission's Rules, a petitioner must demonstrate either (a) that 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 (b) that, in view
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    • 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
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    • a licensee's exclusive use. Thus, Tucson requests a waiver of Section 90.623(a) in order to obtain ten new conventional channels in the Tucson area and a waiver of Section 90.625(a) in order to have exclusive operation on the additional channels. Tucson's Waiver Request was placed on public notice on January 18, 2000. No comments were filed. III. DISCUSSION 4. Section 1.925 of the Commission's Rules requires a party seeking waiver of specific rule requirements to demonstrate either that (a) the underlying purpose of the rule will not be served or would be frustrated by application to the instant case, and that a grant of the waiver is in the public interest; or (b) in view of unique or unusual factual circumstances
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    • in the 2 GHz band are authorized on a secondary basis to ET licensees. discussion In this case, we note, as an initial matter, that the station at issue was originally authorized with primary status, but that authorization has terminated. FPL now requests a waiver of the Rules so that its new station license can be accorded primary status. Section 1.925(b)(3) of the Commission's Rules provides that we may grant a request for waiver when (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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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� ���
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    • 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,
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    • 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
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    • 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,
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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.
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    • 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.
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    • 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
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    • 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
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of 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
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    • 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.
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    • 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
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    • 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
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    • 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),
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    • 4, 2000 Letter, IVIDCO stated that five filings either ``separately or collectively clearly constitute a standing waiver request.'' February 4, 2000 Letter at 1. See generally In the Matter of Southeast Telephone, Inc., Order, DA 00-328 (rel. February 22, 2000); In the Matter of Bernard Pasquet, DA 00-122, Order (rel. January 25, 2000). February 4, 2000 Letter. 47 C.F.R. � 1.925. See February 4, 2000 Letter at 5-6. The courts have recognized the importance of the Commission's default rules and affirmed the Commission's authority to enforce its rules. See generally, Mountain Solutions, 197 F.3d 512; NextWave, 200 F.3d 43. See NextWave Order on Reconsideration, 15 Fed Rcd 17500. February 4, 2000 Letter at 5. 48 C.F.R. � 1.2110(e)(4)(ii)(1994); IVDS Grace Period
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    • 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
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    • as untimely with respect to MCNC's September 18, 2000 renewal applications and deny the Petition with respect to MCNC's November 8, 2000 renewal applications. 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 Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.925, the petition for reconsideration filed by MCNC on December 14, 2000 IS DISMISSED as untimely with respect to FCC File Nos. 0000234563, 0000234564, 0000234565 and 0000234567 and IS DENIED with respect to FCC File Nos. 0000259843, 0000259844, 0000259845 and 0000259846. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. ��
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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)� �
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • (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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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)
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    • be inappropriate to grant the Petition, particularly given that the record is devoid of a showing that Reeves meets the important limitations adopted as part of the BBA R&O rule changes. 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, 1.925 and 90.617(c) of the Commission's Rules, 47 C.F.R. �� 1.106, 1.925, and 90.617(c), the petition for reconsideration filed by Reeves Realty, Inc. on January 3, 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 and
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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.
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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
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    • 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.
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    • 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 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
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    • waiver of the deadline for filing renewal applications under Section 1.949(a) of the Commission's rules, accept Sager's application as of February 7, 2001, and refer the application to the Branch for processing. 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 Request for Waiver filed by Sager ARE GRANTED. IT IS FURTHER ORDERED that the renewal application for WNSS514 filed by Sager on February 7, 2001, is referred to the Commercial Wireless Division's Licensing and Technical Analysis Branch for processing consistent with this order and applicable Commission
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    • submitted its report to the Commission recommending, inter alia, digital interoperability standards for both voice and narrowband data communications. On August 2, 2000, the Commission sought comment in WT Docket No. 96-86 on the NCC Report. 4. On November 14, 2000, the Division released an order denying Dataradio's request for waiver. The Division analyzed the waiver request under to Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3), which provides that grant of a request for waiver is warranted 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
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    • 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.
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    • denial of the waiver request does not mean that Stanislaus County may not operate the subject station; rather, assuming the application is otherwise proper, Stanislaus County's operation of Station WNEJ708 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 Request for Waiver of Stanislaus County, filed August 13, 2001, IS DENIED. 9. IT IS FURTHER ORDERED that application FCC File No. 0000487279 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division for processing consistent with this Order and
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    • submit untimely exhibits to long-form applications. Further, in instances where the untimely submitted exhibits disclose ownership information, the application will be dismissed immediately in accordance with Section 1.2107(c) of the Commission's Rules. IV. ORDERING CLAUSES 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 Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3), that the request to waive Sections 1.919, 1.2107(e), 1.2110(i), and 1.2112 of the Commission's Rules, 47 C.F.R. �� 1.919, 1.2107(e), 1.2110(i), 1.2112, filed by C & W Systems, Ltd. on May 26, 2000 IS DENIED. IT IS FURTHER ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as
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    • 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
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    • for commercial operator license renewals was not changed. See Report and Order, 13 FCC Rcd at 21071 �� 95-96; see also 47 C.F.R. � 13.13(b). For example, a licensee may have contracted to be at sea during the entire 90-day license renewal period, and thus unable to seek renewal of the license during the filing window. 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 ! % : ; < = A ^ _ ; ^ ; ^ �� ���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' ��
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    • that SBT wishes to address these types of concerns, it would appear, as a general matter, that a request for extension of time pursuant to Section 1.946(e) may not be an appropriate source of relief under such circumstances. We nonetheless note that the Commission's Rules also provide another potential avenue for relief should the circumstances presented so warrant. Specifically, Section 1.925 generally provides guidelines for the filing of a request for waiver of the Commission's Rules. We also note that SBT fails to show duplicity, overlap, or conflict between the current rule and other Federal rules, or how changes in technology or economic conditions require that Section 90.629 of the Commission's Rules be amended. The Commission has amended Section 90.629 on
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    • the equivalent of at least 1008 voice circuits within thirty months of the grant of its modification application, Siskiyou will be required to reduce its bandwidth or take other action to bring the station into compliance with the Commission's Rules. 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 101.141(a)(3) of the Commission's Rules, 47 C.F.R. �� 1.925, 101.141(a)(3), the request for waiver filed by Siskiyou Telephone Company on August 21, 2001 IS GRANTED ON THE CONDITON THAT Station WML774 is carrying the equivalent of at least 1008 voice circuits within thirty months of the grant of its modification application. Application FCC File No. 0000421758 SHALL BE FORWARDED
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    • waiver requests does not mean that Wisconsin Electric may not operate the subject station; rather, assuming the application is otherwise proper, Wisconsin Electric's authorization to operate the station will be accorded secondary status. V. 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, 1.945, 101.69, and 101.81 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.945, 101.69, 101.81, the Request for Waiver filed by Western Electric on June 12, 2001, IS DENIED. 14. IT IS FURTHERED ORDERED that application FCC File No. 0000487105 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division for processing
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    • 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 Cayuga Onondaga Board of Cooperative Educational Services, on May 23, 2001, IS DISMISSED. IT IS FURTHER 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 request for waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by Cayuga Onondaga Board of Cooperative Educational Services on May 23, 2001, IS DENIED, and application FCC File No. 0000477311 IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331
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    • Distress and Safety System (GMDSS) Radio Operating Procedures). Pursuant to this waiver, any party administering an Element 7 examination may use a 100-question test, with a minimum passing score of 75 questions answered correctly. 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, the Request for Waiver of Section 13.203(a)(5), filed by the National Radio Examiners on August 15, 2001 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 R. Terry Chief, Public Safety and Private
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    • initial waiver request was pending, the Commission released the BBA R&O, which amended our rules to permit 800 MHz Business and I/LT licensees to modify their licenses to authorize use of the channels for commercial operation, or to assign the channels to a commercial operator, under certain circumstances and conditions. Subsequently, IL Coop filed the present waiver request. 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,
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of STATE OF OHIO For 800 MHz General Category Channels and Request for Waiver Pursuant to Section 337(c) of the Communications Act of 1934, and Section 1.925 of the Commission's Rules ) ) ) ) ) ) ) ) ) FCC File Nos. A051346, A051773, A051775, A051776, A052254, A052257, A053871, A054250, A054249, A054251, A051347 and A056624 Adopted: December 31, 2001 Released: January 7, 2002 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION We have before us twelve applications for eleven General Category
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    • Commission's Rules. In addition, the requirement that any antenna structure that requires notification to the Federal Aviation Administration must be registered with the Commission prior to construction under Section 17.4 of the Commission's Rules continues to apply. 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 Petition for Modification of Licenses filed by the American Association of Railroads on March 24, 2000 IS GRANTED as set forth herein. IT IS FURTHER ORDERED that the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch SHALL PROCESS the modification applications filed by the American Association of Railroads
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    • ON REQUEST FOR WAIVER AND PROPOSED AIRTIME CAPACITY AGREEMENT Comment Date: February 27, 2001 Reply Comment Date: March 9, 2001 On December 15, 2000, James A. Kay, Jr. (``Kay''), licensee of various Specialized Mobile Radio Service (``SMR'') stations in the 800 MHz band in southern California, filed a waiver request (``Waiver Request'') with the Federal Communications Commission, pursuant to section 1.925 of the Commission's rules. Specifically, Kay requests waiver of ``such rules and policies as the Commission may deem necessary'' to permit him to enter into a proposed ``Airtime Retransmission Capacity Agreement'' (``Agreement'') with Nextel of California, Inc. (``Nextel''). Under the proposed Agreement, Kay would provide Nextel access to capacity on Kay's Los Angeles and Orange County, California, SMR stations licensed
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    • provided a sufficient showing to justify grant of a waiver and that the requested rule waiver could not provide the relief it apparently seeks. Accordingly, we dismiss TRW's waiver request as defective. V. ORDERING CLAUSES 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 Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3), the waiver request filed by TRW Inc. on May 24, 2000 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 Bureau TRW,
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    • The licenses include B Block licenses Major Economic Areas 14 (Columbus, Ohio), 34 (Omaha, Nebraska), and 48 (Hawaii), collectively referred to as the ``Licenses.'' Waiver Request at 2. Id. Waiver Request at 2. See ``700 MHz Guard Bands Auction Closes; Winning Bidders Announced,'' Public Notice, DA 00-2154 (rel. September 25, 2000). See 47 C.F.R. � 1.2109(b). See 47 C.F.R. � 1.925. See Waiver Request at 12. See Waiver Request at 5-11. With respect the other five licenses for which high bids were withdrawn and no subsequent bids were received, Harbor suggests, without specifically requesting, that the Commission also offer such licenses the to the previous high bidders to eliminate the need for a second auction of Guard Band licenses. Id. at
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    • 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-12. 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
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    • Closes, Winning Bidders Announced,'' DA 01-211 (rel. Jan. 29, 2001) (Closing PN). The waiver request was attached as Exhibit G to PCS Partners long-form application. See File No. 0000369312, Exhibit G (Waiver). 47 C.F.R � 1.2107(c). See Waiver at 1. See id. at 4. Id. Id. at 2. Id. at 5. Id. at 4. Id. at 6. 47 C.F.R � 1.925(b)(3). ``Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, PP Docket No. 93-252, 9 FCC Rcd 2348, 2382 (1994). See Public Notice, ``Auction Of Licenses For The C And F Block Broadband PCS Spectrum , 87 Qualified Bidders,'' DA 00-2725 (rel. Dec. 1, 2000). See, e.g., In the Matter of Application of Pinpoint Communications,
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    • the Commission's Rules and have sought waivers to allow late filing of their Form 602. 47 C.F.R. �� 1.2107(f), 1.913(a)(2), (d)(4), 1.919(b). Because the Form 602 filing requirement became effective only recently, and some applicants may have been unfamiliar with the new filing procedures, we hereby grant the waiver requests associated with these long-form applications, pursuant to sections 0.331 and 1.925 of the Commission's Rules. 47 C.F.R. �� 0.331, 1.925. We note, however, that such waiver requests will not be routinely granted in the future in the absence of a clear showing of good cause. An original and four copies of all pleadings must be filed with the Commission's Secretary, Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 445
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    • IBM's waiver request concerning the Lotus assignment applications. Accordingly, we dismiss, without prejudice, the assignment applications concerning the Lotus licenses because denying the waiver requests renders the applications defective for lack of proper signature. 10. 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 captioned applications and associated Requests for Waiver filed by International Business Machines Corp. on August 28, 2000, concerning the three Sequent licenses (Call Signs WNXT503, WNYM818 and WNSA207) ARE GRANTED. 11. IT IS FURTHER ORDERED, that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47
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    • for A New FM Construction Permit on Channel 236A at Pahrump, Nevada, Memorandum Opinion and Order, 15 FCC Rcd 14729 (2000) (``Hayes-Bell''). See Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Lynn R. Charytan, Wilmer Cutler & Pickering, Counsel for MPCS Wireless, Inc., DA 00-2760 (rel. December 12, 2000) (``MPCS''). 47 C.F.R. � 1.925. Letter to Mr. Kent Foster from Sandra J. Haller, Managing Director, Riggs & Company, dated April 4, 2000 (``First Riggs Letter''), appended as an attachment to the Waiver Request. In the First Riggs Letter, Riggs explains to the Applicant's president: ``We immediately faxed your wire instructions to our DC Operations Center. However, they either never received the instructions or they
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    • its late-filed renewal application for Station WNEZ248. As a result of the delay in filing its request for renewal of the license for Station WNEZ248 and our decision to deny its request, Enogex's application is considered a ``new'' application. Hence, Enogex must seek a waiver to the pending application freeze on new applications for the 928/959 MHz MAS band. Section 1.925 of the Rules states 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 that a grant of the requested waiver would be in the public interest; or (b) application of the rule(s) would be inequitable, unduly
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    • check in the amount of $70 ($35 associated with FCC File No. R456913 and $35 associated with FCC File No. R481481) will be forwarded to Ameriflight as a regulatory fee refund. IV. ORDERING CLAUSES 11. 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 Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. � 1.925(b)(3), that the request to waive Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, filed by Ameriflight, Inc. on July 10, 2000 IS DENIED, and application FCC File No. R481481 IS DISMISSED with prejudice. 12. IT IS FURTHER ORDERED that the request for refund filed by Ameriflight, Inc. on July 10,
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    • WASHINGTON, D.C. 20554 DA 01-665 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: March 14, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON CINGULAR WIRELESS LLC'S REQUEST FOR WAIVER TO EXCLUDE 1.5 MHZ OF SMR SPECTRUM FROM THE CMRS SPECTRUM CAP Comment Date: April 3, 2001 Reply Comment Date: April 13, 2001 On March 7, 2001, pursuant to Section 1.925 of the Commission's rules, Cingular Wireless LLC (``Cingular'') filed a request for waiver of the Commercial Mobile Radio Service (``CMRS'') spectrum cap, Section 20.6(a) of the Commission's rules, to exclude up to 1.5 MHz of 900 MHz Specialized Mobile Radio (``SMR'') spectrum held by its subsidiary, Cingular Interactive L.P. (``Cingular Interactive''). The Wireless Telecommunications Bureau seeks comment on Cingular's waiver
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    • Content-Type: text/plain Content-Transfer-Encoding: 8bit $ $ $ $ $ $ $ $ DA 01-688 March 15, 2001 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR RULE CHANGE AND CONDITIONALLY WAIVES SECTION 1.929(C)(1) TO PERMIT EXPANSION OF PAGING CONTOURS OVER WATER ON A SECONDARY BASIS. Pursuant to Section 1.925 of the Commission's rules, the Wireless Telecommunications Bureau (Bureau) seeks comment on a Request for Rule Change filed by the Paging and Messaging Alliance of the Personal Communications Industry Association (PCIA). PCIA filed the request seeking amendment of Section 1.929(c)(1) of the Commission's rules to treat certain modifications to paging stations as minor modifications. Specifically, PCIA requests that the Commission
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    • the dismissal of its application. We are not persuaded that Adams should be permitted to amend an application that was properly dismissed. Under our rules, an applicant seeking to refile an application that is dismissed without prejudice must file a new application, which requires a new filing fee and the issuance of a new application file number. 7. Under section 1.925 of the Commission's rules, 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 circumstances of
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    • and 1.106 of the Commissions Rules, 47 C.F.R. �� 0.331, 1.106, the petition for reconsideration filed by Pierre Radio Paging & Telephone Corporation on December 3, 1999, IS DENIED. 7. IT IS FURTHER ORDERED that, pursuant to the authority of Section 4 (i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154 (i), and Sections 0.331 and 1.925 (b)(3) of the Commission's rules, 47 C.F.R. �� 0.331 and 1.925 (b)(3), the request for waiver of the paging application freeze filed by Pierre Radio Paging & Telephone Corporation is GRANTED to the extent stated herein. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Chief, Commercial Wireless Division Wireless Telecommunications Bureau In re Application of Pierre Radio Paging & Telephone Corporation, Order,
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    • recent developments in the paging industry is better addressed in a rulemaking proceeding with the benefit of notice and comment from interested parties in the paging industry. 8. 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 0.331, 1.106, and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.106, and 1.925, the Petition for Reconsideration filed by Interelectronics Corporation on December 8, 1999 is granted in part, as set forth herein, and Interelectronics Corporation is granted a partial waiver of rule section 22. 655, as set forth herein. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Chief, Commercial Wireless Division Wireless Telecommunications
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    • 154(i), and sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R. �� 0.331, 1.106, the Petition for Reconsideration filed by TBA Communications, Inc. d/b/a Talk Back Arkansas on December 30, 1999, IS DENIED. 6. 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 0.331 and 1.925 of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, the Request for Waiver filed by TBA Communications, Inc. d/b/a Talk Back Arkansas on December 30, 1999, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Chief, Commercial Wireless Division Wireless Telecommunications Bureau See Application of Talk Back Arkansas, Inc., Memorandum Opinion and Order, 14 FCC Rcd 2198 (WTB 1999) (``TBA Order'').
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    • to its application. Highland and other applicants for Auction No. 22 were informed that they would not be able to make major amendments to their short-form applications after the February 12, 1999 short form filing deadline. Thus, for Highland to submit its amendment and to convert its bidding status requires a grant of waiver of the Commission's rules. Under section 1.925 of the Commission's rules, 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 circumstances of
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    • and 1.106 of the Commissions Rules, 47 C.F.R. �� 0.331, 1.106, the petition for reconsideration filed by Pierre Radio Paging & Telephone Corporation on December 3, 1999, IS DENIED. 7. IT IS FURTHER ORDERED that, pursuant to the authority of Section 4 (i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154 (i), and Sections 0.331 and 1.925 (b)(3) of the Commission's rules, 47 C.F.R. �� 0.331 and 1.925 (b)(3), the request for waiver of the paging application freeze filed by Pierre Radio Paging & Telephone Corporation is GRANTED to the extent stated herein. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Chief, Commercial Wireless Division Wireless Telecommunications Bureau In re Application of Pierre Radio Paging & Telephone Corporation, Order,
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    • Further, Chadmoore argues that the Commission should deny the Nextel Request because the channels Nextel seeks to use are Business/Industrial Land Transportation (B/ILT) channels outside the U.S./Canadian border area, and the Bureau has previously denied a request by Nextel to use B/ILT channels for commercial purposes. Allstate, in its reply comments, supports grant of the Nextel Request. DISCUSSION 6. Section 1.925 of the Commission's rules permits 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 a grant of the requested waiver would be in the public interest, or, alternatively, where, in view of the unique or unusual factual circumstances, application of the rule(s) would be
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    • Opinion and Order, PR Docket No. 92-257, 13 FCC Rcd 19853, 19875 � 46 (1998) (Third Report and Order). 47 C.F.R. � 80.371(c)(3). Third Report and Order, 13 FCC Rcd at 19876 � 49. Memorandum of Agreement Between United States Coast Guard and the Maritime VHF Public Coast Area Licensee at 2 (dated Mar. 7, 2001). 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 � � � � +D�� +D`� +D`� �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O �
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    • to file its petition in Gettysburg, as opposed to filing it with the Office of the Secretary. Consequently, absent a waiver, we conclude that WJIT's petition should be dismissed as improperly filed. 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 filed by WJIT Broadcasting Corporation on November 29, 2000, 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 John J. Schauble Chief, Policy and Rules Branch Public Safety and
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    • CLAUSES 12. For the reasons discussed above, we dismiss Fine's petition to deny as untimely. Additionally, we dismiss GlobeCast's request for a waiver of Section 1.913(b) and will return the microwave renewal applications to GlobeCast for correction. 13. 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 waiver request filed by GlobeCast North America, Inc. on March 26, 2001, IS DISMISSED. 14. 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 Section 1.939(g) of the Commission's Rules, 47 C.F.R. � 1.939(g), the Petition
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    • may not be obtained absent a waiver of Section 87.173(b) of the Commission's Rules. However, the Commission has released a Notice of Proposed Rule Making to review the Aviation Radio Service rules and seeks comment on whether to permit the certification of dual spacing transceivers for aircraft also operating in countries which employ 8.33 kHz channel spacing. 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
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    • questions about software or hardware should be directed to Technical Support at (202) 414-1250 (V) or (202) 414-1255 (TTY). - FCC - Paris Tower, Inc., which is listed as a non-qualified bidder, submitted a waiver request on May 7, 2002. By order adopted today, the waiver request is denied for failure to meet the standards for granting waivers in section 1.925 of the Commission's rules, 47 C.F.R. � 1.925. The order addressing Paris Tower's waiver request will be released separately. See Auction No. 45 Cellular Rural Service Areas Auction Scheduled for May 29, 2002, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Public Notice, DA 02-470 (rel. March 4, 2002), 67 Fed. Reg. 16383 (rel. April 5,
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    • standards and mileage separation criteria. See 47 C.F.R. � 90.175(e). See MO&O, 17 FCC Rcd at 1908 � 13. The Commission rejected LMR's contention that 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 and that the Division misconstrued or ignored 47 C.F.R. �� 1.925(c)(ii), 1934(d)(2). Id. at 1904 �� 7-8. See Supplement at Exhibit 1. ARINC provides voice and data radio communications to the aviation industry through sharing assigned frequency spectrum, radio facilities and satellites. See id. at 2. Id. at Exhibit 2. Id. at Exhibit 3. See Implementation of Sections 3(n) and 322 of the Communications Act Regulatory Treatment of Mobile Services, Second
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    • 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
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    • if the licensee timely makes a request for extension and demonstrates that the failure to complete construction is due to causes beyond its control. Moreover, the Commission has 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. 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
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    • in the Industrial/Business Pool. We deny the District's request for a retroactive waiver of the eligibility restrictions of Section 90.35 of the Commission's Rules. The District argues that it qualifies for the requested relief under the second prong of the Commission's waiver standard set forth in Part 1 of its Rules. In order to obtain a waiver pursuant to Section 1.925(b)(3)(ii) of the Commission's Rules, the District must demonstrate that ``[i]n view of the 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.'' For the reasons discussed below, we find that the District failed to make such a showing.
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    • be obtained absent a waiver of Section 87.173(b) of the Commission's Rules. However, the Commission has released a Notice of Proposed Rule Making to review the Aviation Radio Service rules in which it requests comment on whether to permit the certification of dual spacing transceivers for aircraft also operating in countries which employ 8.33 kHz channel spacing. 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
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    • the Department of Treasury for collection subject to the Debt Collection Improvement Act of 1996''). Request at 2. CommNet does not assert that it lost facilities during the September 11, 2001 events, rather, CommNet blames its financial problems on the downturn in the economy. Id. Id. Id. at 3. 47 U.S.C. � 309(j)(3)(B). Request at 4. Id. 47 C.F.R. � 1.925(b)(3). 47 U.S.C. � 309(j). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd. 2348 � 70 (1994) (``Competitive Bidding Second Report and Order''). Southern Communications Systems, Inc., Request for Limited Rule Waiver to Comply with PCS Installment Payment for C Block Licenses in the Cleveland, TN BTA,
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    • met by use of the frequency 453.400 MHz, which is currently licensed to Monroe. The County requests waivers of Sections 22.503 and 22.531 of the Commission's Rules, 47 C.F.R. � 22.503, 22.531 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), and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Section 337(c) of the Act 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;
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    • expanding its contours with the ultimate geographic licensee. Therefore, we do not believe that Emory has demonstrated that it has no reasonable alternatives. Accordingly, we deny Emory's request for waiver of Section 101.1331(c) 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 Section