FCC Web Documents citing 1.925

as compiled by hallikainen.com/FccRules on 2008 11 01

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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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  • 28, 1998 (Request) at 4. 12 47 C.F.R. � 90.151(a) (1996). 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). Section 90.151 of the Commission's rules has since been removed in place of a general Part 1 waiver rule. See 47 C.F.R. � 1.925(b)(3). 2197 __________________Federal Communications Commission_________ DA 00-211 relocation does not result in any interference to any other 220 MHz station. Finally, the de minimis nature of the distance between Johnston's proposed site and the maximum distance allowed under the 220 MHz modification rules is such that strict application of the rule is inequitable and contrary to the public interest. 6. Accordingly,
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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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  • 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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    • 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 rul