FCC Web Documents citing 1.934

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

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  • Winners and Dismisses Applications for Five C and F Block Broadband Personal Communications Services (PCS) Licenses, Public Notice, (DA 02-3585, rel. Dec. 24, 2002), Attachment B. ULS R&O, 13 FCC Rcd 21027, 21031 � 5. See paras. 208-209 supra. See 47 C.F.R. � 1.933(1). See paras. 204-205 supra. See ULS R&O, 13 FCC Rcd 21,027: See also 47 C.F.R. � 1.934. ULS R&O, 13 FCC Rcd at 21068 � 90. ULS R&O, 13 FCC Rcd at 21068 � 90. Id. See, e.g., id. See Wireless Telecommunications Bureau Clarifies Unified Policy for Dismissing and Returning Applications, Public Notice, 17 FCC Rcd 30 (WTB 2001) (Unified Dismissal and Return PN); Wireless Telecommunications Bureau Revises and Begins Phased Implementation of its Unified Policy for
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  • COMMISSION Marlene H. Dortch Secretary APPENDIX A PROPOSED RULE CHANGES Chapter 1 of Title 47 of the Code of Federal Regulations is proposed to be amended as follows: PART 1 - Application Requirements and Procedures The authority citation for part 1 continues to read as follows: AUTHORITY: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, and 325(e). 1. Section 1.934 is amended by redesignating paragraph (d)(3) as (d)(4), and adding a new paragraph (d)(3) to read as follows: � 1.934 Defective applications and dismissal. * * * * * (d) * * * (3) It includes a list of amateur station vanity call signs in order of preference and requests, as the first preferred call sign, the same call sign
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  • 95-183, 12 FCC Rcd 18600, 18639-97 �� 83-97 (1997) (R&O and Second NPRM); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Daisy chains occur when an application is mutually exclusive, i.e would cause interference, with an application in an adjacent community, which is mutually exclusive with an application in another adjacent community, and so on. Low Power Television and Television Translator Service, Report and Order, MM Docket No. 83-1350, 57 Rad. Reg. 2d 234 (P&F 1984). FCC
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  • as amended, 47 U.S.C. �� 154(i), 309, and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, the Request for Dismissal of Application and request for approval of settlement agreement IS GRANTED. 5. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309, and sections 0.331 and 1.934(a)(1)(i) of the Commission's rules, 47 C.F.R. �� 0.331, 1.934(a)(1)(i), the application filed by Progressive Cellular III B-2 (File No. 10008-CL-P-317-A-88) is DISMISSED with prejudice. 6. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 405, and sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R. �� 0.331,
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  • R. Goodman, Receiver, Dr. Robert Chan, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972 � 53 (1998). See, e.g., Duke Power Co., Order, DA 99-2574, � 8 (WTB PSPWD rel. Nov. 18, 1999). Petition at 2. Id. See, e.g., Country Cousins, Inc., Order, DA 99-2540, � 6 (WTB PSPWD rel. Nov. 16, 1999). See 47 C.F.R. � 1.934(e)(2) (application may be dismissed if requested spectrum cannot be assigned without causing harmful interference). (continued....) Federal Communications Commission DA 00-1167 Federal Communications Commission DA 00-1167 �@��� @& �0� �0� �0� �0� �0� �0� ��� � � � |^ |^ �
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  • of their proposed systems except to allege that they will solicit subscribers once the stations are constructed and operational. Accordingly, we conclude that the subject applications must be dismissed. V. ORDERING CLAUSES 14. In view of the foregoing and pursuant to Sections 4(i) and 308 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 308 and Section 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, the application of J&W Communications, Inc., filed on August 17, 1995 (File No. 508383) IS DISMISSED. 15. In view of the foregoing and pursuant to Sections 4(i) and 308 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 308 and Section 1.934 of the Commission's Rules, 47 C.F.R. �
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  • WTB 1999). We also note that the Office of the General Counsel (OGC) has found that Midwest Bell submitted a letter to the Commission without serving it on MariTEL in violation of the Commission's ex parte rules. This matter is being addressed separately by OGC. WJG MariTEL Corporation Reply to Opposition (filed Mar. 15, 2000). Id. See 47 C.F.R. � 1.934(e)(2). Id. at 3-4. Opposition at 3. Midwest Bell recognizes that Section 90.283 of the Commission's Rules, which permitted PLMR stations to share maritime frequencies in the 156-162 MHz band, was repealed by the Third R&O. Id. at 1. 47 C.F.R. � 90.175(g). Opposition at 1-2 (citing 47 C.F.R. �� 90.35, 90.173). See 47 C.F.R. � 90.173(g); see also Replacement of
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  • 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 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.934, the Application for Authorization in the Microwave Services to Modify the License for Station KLD30, Abernathy, Texas, FCC File Number 749533, of Southwestern Public Service Company, filed on May 17, 1999, IS DISMISSED WITHOUT PREJUDICE. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's
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  • at 4. 47 C.F.R. � 80.215(h), (h)(4). Petition to Deny Lockport Application, Engineering Statement, at 2. Amendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16949, 17008 � 117 (1997). Opposition to Petition to Deny Lockport Application at 6. 47 C.F.R. � 1.934(e)(2) (Commission may dismiss an application that requests spectrum because it cannot be assigned to the applicant without causing harmful interference). Moreover, we are not persuaded that RegioNet's plan to control interference is adequate for the proposed Lockport station. RegioNet proposes the same plan as for the proposed Chicago station, but, unlike that station, the proposed Lockport station would operate at
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-97 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-1397 Federal Communications Commission DA 00-1397 � � � � @& �0� �0� �0� �0� �0� �0� ��� t u u w w x x � � (c) � " � (R) � � � � � � � t u u w w x x � � (c) � "
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  • which were publicly available. Consequently, WLOS's argument that the Commission failed to provide adequate public notice of the changes in the fee requirements is without merit. Applicants must stay apprised of changes in fee requirements and other FCC Rules, and WLOS's failure to do so here is not sufficient to excuse it from timely submitting the appropriate fee. Moreover, Section 1.934 of the Commission's Rules clearly states that applications will be dismissed when not submitted with the appropriate fee. In addition, notwithstanding WLOS's failure to submit the appropriate fee, its Petition would also fail the stricter standard of review required by the Commission's policy for treatment of renewal requests filed more than thirty days after the license expiration date. WLOS's subject
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1423A1_Erratum.doc
  • which were publicly available. Consequently, WLOS's argument that the Commission failed to provide adequate public notice of the changes in the fee requirements is without merit. Applicants must stay apprised of changes in fee requirements and other FCC Rules, and WLOS's failure to do so here is not sufficient to excuse it from timely submitting the appropriate fee. Moreover, Section 1.934 of the Commission's Rules clearly states that applications will be dismissed when not submitted with the appropriate fee. In addition, notwithstanding WLOS's failure to submit the appropriate fee, its Petition would also fail the stricter standard of review required by the Commission's policy for treatment of renewal requests filed more than thirty days after the license expiration date. WLOS's subject
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  • Attachment C: Instructions for Searching for Applications Listed in Attachment A Attachment D: Accessing the FCC Network Using Windows 95/98 On June 28, 2000, six long-form applications for authority to operate in the 39 GHz band were accepted for filing. Wireless Telecommunications Bureau Market-Based Applications Accepted for Filing, Public Notice, Report Number: 570 (Jun. 28, 2000). 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b); see also 47 C.F.R. � 1.4. 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). 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 Z g � +D�� +D`� �����PNG > �!�R>^��S�S߿�"K�k������er4
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  • Physicians Answering Service, Letter, 35 Rad. Reg. 2d (P & F) 1028 (1975); COMNAV Marine, Memorandum Opinion and Order, 2 FCC Rcd 2144 (PRB 1987). See Teleglobe USA, Inc., Order, Authorization and Certificate, 11 FCC Rcd 8162 n.4 (IB 1996). See Jacor Broadcasting of Colorado, Inc., Memorandum Opinion and Order, 9 FCC Rcd 4472 (MMB 1994). See 47 C.F.R. � 1.934(e)(2), which provides that the Commission may dismiss applications that request spectrum which is unavailable because it was previously assigned to another licensee on an exclusive basis or cannot be assigned to the applicant without causing harmful interference. Connex Opposition at 2 citing 47 U.S.C. � 405(a). does not render the order invalid). Connex Opposition at 3, citing Frequency Coordination in
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  • part of its application. We agree, and, like CN WAN, treat any reference in the LTAB decision to the ``952.58125/928.20625 MHz'' frequency pair to instead be a reference to the ``952/928.20625 MHz'' frequency pair. Although the LTAB decision characterized this dismissal as pursuant to the provisions of former 47 C.F.R. � 1.958, it was instead pursuant to 47 C.F.R. � 1.934, which includes the provisions of former Section 1.958. File Nos. 0000013414, 0000013423, 0000013429 and 0000013435, deleting sites operating on the frequency pair 952/928.21250 MHz under the call sign KNKK276 (notifications filed May 13, 1999). CN Wan reconsideration at 3. Public Notice, Application Requirements for Stations in the Private Operational Fixed Microwave Service (Mimeo 0125, Oct. 7, 1985). See generally 47
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  • as the Commission grants a license for that frequency block. On May 31, 2000, we released a Public Notice seeking comment on Interactive's application. By letter dated July 17, 2000, Interactive indicated that it had changed its business plan such that it no longer desired use of the 218-219 MHz frequencies, and requested that we dismiss its application. Under Section 1.934(a)(1)(ii) of the Commission's Rules, we will dismiss an application without prejudice upon request of the applicant unless the application has been designated for comparative hearing or is one for which the applicant submitted a winning bid in a competitive bidding process. Because neither of these conditions applies to the subject request, we grant Interactive's request and dismiss its application without
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  • 0000132638 BEA045 Johnson City-Kingsport-Bristol, TN-VA J CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN E CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN J CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN K We note that on July 31, 2000, CT Communications, Inc. filed a request to waive the Commission requirement that long-form applications be signed when electronically filed. 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b). 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). 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 � +D�� +D`� �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ���
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  • 34) The long-form applications (FCC Form 601) for 800 MHz SMR General Category and Upper Band licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's Rules. See 47 C.F.R. � 1.934(a), (d). Applications not appearing in Attachment A, remain under consideration by the Commission. In addition, except for the waiver requests we grant in this Public Notice, applications listed in Attachment A that are pending with associated petitions for waiver are accepted conditioned upon resolution of such requests. Petitions to deny the applications listed in Attachment A must be filed no
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  • cell site, the licensee must seek authorization by filing a Form 600 . . . .'' Id. at 12198. The Bureau rejected Metacomm's argument that its Form 489 submission was an application, stating that Metacomm misunderstood the purpose of Form 489. Id. See Andrea Hall and David Fitts, Order, 15 FCC Rcd 710 (CWD 2000). See id. 47 C.F.R. �� 1.934(d) and (f) (1999). Federal Communications Commission DA 00-2353 Federal Communications Commission DA 00-2353 X Y � �@��� @& -
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  • No. AUC-33 (Auction No. 33) The long-form applications (FCC Form 601) for 700 MHz Guard Bands licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's Rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than November 17, 2000, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than five (5) business days after the date on which the petition to
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  • proposes to serve only 146 miles, or approximately 10.1 percent, of the Arkansas River. Therefore, Havens's above-captioned applications are dismissed as defective because they do not propose 60 percent coverage of the entire Arkansas River. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 C.F.R. �� 154(i), 303(r), and Sections 1.934(d) and 80.475(a) of the Commission's Rules, 47 C.F.R. �� 1.934(d), 80.475(a), that File Nos. 853010-853014, filed by Warren C. Havens on February 1 and 10, 2000 ARE 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
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  • Division Wireless Telecommunications Bureau The Branch assigned this application FCC File No. A034030 (Application). See Application Return Notice, from Branch to PCIA, dated June 7, 1999 (June 7th Return Notice). Id. See Petition, Exhibit B. See Petition, Exhibit C. See Application Return Notice, from Branch to PCIA, dated August 25, 1999. 47 C.F.R. � 1.958 (1999) (currently 47 C.F.R. � 1.934(c)). See Notice of Application Dismissal from Branch, to JSM, dated November 3, 1999. See Petition at 2-3. JSM provided a copy of its correspondence with PCIA on this issue as an attachment to its Petition. See Petition, Exhibit F. See 47 C.F.R. � 90.135 and 47 C.F.R. � 90.175. Petition at 2. Id. See Request for Review of the Universal
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  • Category Suspension Order. Second, Table 1 of Section 90.621 of the Commission's Rules prohibits Henderson from operating on 851.5875 MHz at Joaquin Ridge because Champion's station WPGW927 license authorizes exclusive use of 851.5875 MHz from the Bear Mountain site. Henderson also failed to request a waiver of that provision or to indicate Champion's concurrence with Henderson's proposed operation. Under section 1.934(d)(2) of the Commission's Rules, the Commission may dismiss as defective an application that requests an authorization that would not comply with one or more of the Commission's rules and does not contain a request for wavier of those rules. Accordingly, Henderson's application was defective and should be dismissed. Ordering clauses Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and
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  • of timely and complete FCC Form 601 applications. Applicants should read the instructions on the FCC Form 601 carefully and consult the rules to ensure that, aside from the materials described below, all information required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 21, 2000, and fails to establish good cause for any late-filed submissions, shall
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  • grant 12 applications for 1014 licenses. Applications not appearing in Attachment A below, or Attachment A of the previous Accepted for Filing Public Notice, remain under consideration by the Commission. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's Rules. See 47 C.F.R. � 1.934(a), (d). In addition, we grant the waiver request for the application for the licenses listed in Attachment A in this Public Notice. Petitions to deny the application listed in Attachment A must be filed no later than January 2, 2001, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. �� 1.4, 1.2108(b). Oppositions to
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  • November 23, 1994. Because the minor modification effected the site addition originally sought in the major modification application, we dismiss First Kentucky's application for a major modification under File No. 01247-CL-MP-94 as moot. 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 0.331and 1.934 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.934, First Kentucky Cellular Corporation's above-captioned application under File No. 01247-CL-MP-94, filed on December 7, 1993, is hereby DISMISSED as moot. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and sections 0.331and 1.939(g) of the Commission's Rules, 47
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  • operations. Because there is a permanently authorized licensee in the Wisconsin 2- Bayfield RSA currently providing service, CIS's application for a geographic expansion of interim operating authority is defective and must be dismissed. 4. 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 sections 0.331 and 1.934 of the Commission's rules, 47 C.F.R. �� 0.331 and 1.934, C.I.S. Operating Company-3, Inc.'s application under File No. 03281-CL-MP-96, filed on May 9, 1996, is hereby DISMISSED. 5. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309, and section 1.939(g) of the Commission's rules, 47 C.F.R. �
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  • 47 C.F.R. �� 0.331 and 1.939(g), CSH Cellular's Petitions to Dismiss or Deny the above-captioned Applications filed on August 26, 1993 and September 20, 1993, respectively, are hereby DISMISSED as moot. 5. IT IS FURTHER 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 0.33 land 1.934 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.934, Minnesota Southern Cellular Telephone Company's above captioned application, filed on April 2, 1993, and Triad Minnesota Limited Partnership's above- captioned application, filed on March 30, 1993, are hereby DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 4 See Letter
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  • 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 47 C.F.R. � 1.934. Section 1.958, however, addressed Defective Applications, not license renewals. Accordingly, we will construe his request as a waiver of section 1.949(a). Id. Federal Communications Commission DA 00-61 Federal Communications Commission DA 00-60 x y `` '' < = > ? B C E F q r s t y z { � � � � � `` '' = ?
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  • (formerly 47 C.F.R. � 21.31(b)); see McElroy Electronics Corp. v. FCC, 86 F.3d 248 (D.C. Cir. 1996) (``public notices of applications filed with Commission . . . started 60 day cut-off period for filing of competing applications and, thus, files of competing applications more than 60 days following notices were not entitled to compete for subject licenses"). 47 C.F.R. � 1.934(f) states that the "Commission may dismiss without prejudice applications that are premature or late filed, including applications filed . . . after the cut-off date for a mutually exclusive application filing group." Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals, Report No. 2053 (rel. Aug. 10, 1999). 47 C.F.R. � 101.45(b)(2)(i); see DCT Transmission, L.L.C., Memorandum Opinion and
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  • decided to dismiss as unripe ``those applications for which the 30-day public notice period was not completed by the November 13, 1995 Freeze Order'' date. 4. By letters dated August 27, 1999, and September 27, 1999, respectively, the Public Safety and Private Wireless Division, Licensing and Techncial Analysis Branch (Branch) dismissed Likins's Lorain and Santa Rosa applications, pursuant to Section 1.934(f) of the Commission's Rules. The Branch found that Likins's applications conflicted with the previously-filed AT&T and Bay Area applications, and that, because Likins's applications were filed more than sixty days after the first-filed applications, Likins's applications were untimely pursuant to Section 101.45 of the Commission's Rules. On October 1, 1999, and October 27, 1999, Likins filed letters requesting a stay
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  • 13, 1995 Freeze Order'' date. 4. On September 27, 1999, the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch) dismissed AA&T's application. The Branch found that AA&T's application was untimely because it conflicted with Bay Area's application, which had established a cut-off period of March 31, 1992. The Branch therefore dismissed AA&T's in accordance with Section 1.934(f) of the Commission's Rules. On October 27, 1999 AA&T filed a request to reinstate its application or stay its dismissal. 5. Discussion. AA&T notes that it has filed an appeal seeking judicial review of the Commission's 39 GHz orders. AA&T states that one of the issues in that case is the Commission's treatment of partial mutual exclusivity between applications, especially
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  • Order'' date. 4. On September 27, 1999, the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch) dismissed Wireless's application. The Branch found that Wireless's application was untimely filed because it conflicted with the Bay Area application, which had established a cut-off period of March 31, 1992. The Branch therefore dismissed the application in accordance with Section 1.934(f) of the Commission's Rules. On October 27, 1999, Wireless filed a request to reinstate its application or stay its dismissal. 5. Discussion. Wireless notes that it has filed an appeal seeking judicial review of the Commission's 39 GHz orders. It states that one of the issues in that case is the Commission's treatment of partial mutual exclusivity between applications, especially
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-97 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-788 Federal Communications Commission DA 00-788 � � � @& �0� �0� �0� �0� �0� �0� ��� � � � � � < = = ? ? @ @ b c q r s t v w y | � � � � � < = = ? ? @ @
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-97 �� 83-97 (1997); aff'd, Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-789 Federal Communications Commission DA 00-789 @& �0� �0� �0� �0� �0� �0� ��� - ! 0 3 `` - � � � � �
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  • for which the 30-day public notice period was not completed by the November 13, 1995 Freeze Order'' date. On August 31, 1999, the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch) dismissed Wireless Telco's New Haven application. The Wireless Telco New Haven application was requested service area that was already authorized to Comco's Station WMW470. Section 1.934(e)(2) of the Commission's rules provides that an application will be dismissed if the spectrum is unavailable because it was previously assigned to another licensee on an exclusive basis. On December 21, 1999, the Branch dismissed Wireless Telco's Indianapolis application because it was mutually exclusive with DCT's application and the mutual exclusivity was not resolved as of December 15, 1995. Discussion
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-801 Federal Communications Commission DA 00-801 @& �0� �0� �0� �0� �0� �0� ��� �
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-97 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-804 Federal Communications Commission DA 00-804 @& �0� �0� �0� �0� �0� �0� ��� � � � � � ` ` � � � � � � � � � � � � � � � � ` ` � � � � � � � � � � � 8
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-97 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-805 Federal Communications Commission DA 00-805 � � @& �0� �0� �0� �0� �0� �0� ��� '' � � - - � � � " � � � � � � � � '' � � - - � � � " � � � � � � � � >
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-807 Federal Communications Commission DA 00-807 � � @& �0� �0� �0� �0� �0� �0� ��� ... � � � � � � " � � " � � � � � � � ... � � � � � � " � � " � � � � � �
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-808 Federal Communications Commission DA 00-808 � � � � � � � � � � � � � � � @& �0� �0� �0� �0� �0� �0� ��� � �
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  • 95-183, 12 FCC Rcd 18600, 18639-457 �� 83-97 (1997) (Report and Order); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999) (MO&O). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File No. 9509664. DCT Petition for Reconsideration at 5 (filed Dec. 22, 1999) (Petition). Petition at 5. 39 GHz Applications Dismissed, Public Notice, DA 99-2631 (rel. Nov. 23, 1999). FCC File No. 9507189. Public Notice, Wireless Telecommunications Bureau Part 21 Weekly Receipts and Disposals, Report No. 1145 (rel. July 26, 1995). FCC File No. 9508003.
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-825 Federal Communications Commission DA 00-825 K K @& �0� �0� �0� �0� �0� �0� ���
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  • stating that: Returns will be done by letter and will clearly state that failure to respond within 60 days will result in dismissal of the subject application. If at the end of the 60-day period the Bureau is still unable to process the application (whether or not it has been amended), the Bureau may dismiss the application pursuant to Section 1.934(c) for failure to prosecute. As noted above, applications dismissed and later refiled will lose their original place in the processing line and be treated as newly-filed applications. 5. RAM provides paging services to its customers in the state of Kentucky and surrounding areas. RAM utilizes Station WNTC445 for critical control links to its paging transmitters. Through its operation of Station
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  • 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 waiver request filed by Skytel Communications, Inc. on September 27, 2000, IS DENIED. 4. 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, 1.925, and 1.934(d)(2) of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, 1.934(d)(2), the associated application of Skytel Communications, Inc., File No. 0000116431, IS DISMISSED. 5. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309(d)(1) of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309, and by sections 0.331 and 1.939 of the Commission's rules, 47 C.F.R. �� 0.331, 1.939,
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  • that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules.
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  • that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
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  • with Section 101.103(d) of the Commission's Rules. Consequently, we also conclude that the Branch's adherence to that requirement was not retroactive rulemaking, and did not violate SDGE's due process rights. Because we find that SDGE's application was not complete as submitted on January 20, 2000, these applications should have been dismissed as defective rather than returned by the Branch. Section 1.934(d)(1) of the Commission's Rules states that an application is defective if it is incomplete with respect to informational showings. Clearly, SDGE failed to comply with the informational showing regarding frequency coordination with non-Federal Government radio users. Thus, dismissal, and not return, of the application was the appropriate course of action. Finally, we conclude that SDGE's amended applications should be governed
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  • �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Chief, Policy and Rules Branch Public Safety and Private Wireless Division Wireless Telecommunications Bureau Letter from Lory Troxell, Federal Licensing, Inc., to the FCC, Gettysburg, Pennsylvania (dated January 17, 2001) (Petition). See FCC File No. 9508R78054. Notice of Immediate Application Dismissal (dated January 2, 2001) (Dismissal Notice). See 47 C.F.R. � 1.934(f). See Petition. 47 C.F.R. � 1.106(i). 47 C.F.R. � 0.401. Id. 47 C.F.R. � 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See,
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  • Renewal Applications were filed well after the subject licenses expired but asserts that it acted reasonably in filing the renewal applications when it did. MCNC argues that it had no knowledge that the resubmission of the renewal applications was due by a particular time. MCNC states that the September 18 Renewal Applications were dismissed ``without prejudice in accordance with Section 1.934 of the Commission's Rules.'' Section 1.934(a) of the Commission's Rules provides that the Commission may accept from the applicant another application for the same purpose, provided the application is otherwise timely. MCNC contends that ``unless an applicant brings extensive experience with the Commission's procedures to the application process, `otherwise timely' is subject to interpretation.'' MCNC states that it believed that
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  • 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 James A. Kay, Jr. on May 4, 1998 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 1.934(d)(2) and 90.633(b) of the Commission's Rules, 47 C.F.R. �� 1.934(d)(2), 90.633(b), the application for renewal of license filed by City of Commerce (FCC File No. 9804R295496) IS DISMISSED. IT IS FURTHER ORDERED THAT, pursuant to Sections 4(i) and 5(c) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), 155(c), and Sections 0.331(c) and 1.115(f) of the Commission's
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  • to 10 p.m. ET, and Saturday 8 a.m. to 7:00 p.m. ET, and Sunday 12:00 p.m. to 6 p.m. ET. Closed all government holidays. All calls to the FCC Technical Support Hotline are This Public Notice addresses only VPC applications. Location and Monitoring Service applications filed with respect to Auction No. 39 will be addressed separately. 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b). 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 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 News Media
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  • AUC-39 (Auction No. 39) The long-form applications (FCC Form 601) for Location and Monitoring Service (``LMS'') licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Attachment A also indicates the applicants seeking a Tribal Land Bidding Credit (``TLBC''). For those applicants who have not yet submitted the required certifications to the Commission for an award of the TLBC, the ``Tribal Land Bidding Credit'' column in Attachment A will be blank. Petitions to deny the applications listed in Attachment A must be filed no later
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  • FCC Form 601 applications. Applicants should read the instructions on the FCC Form 601 carefully and should consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 12, 2001, and fails to establish good cause for any late-filed submissions, shall
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  • 10251 (WTB PSPWD 2000). If we had reached the substance of Belmont's Petition, we would deny the Petition. Belmont's application did not contain the required information because it was submitted on FCC Form 605 instead of FCC Form 601. The Commission's Rules provide that applications that do not contain required information may be dismissed as defective. See 47 C.F.R. � 1.934(d)(2). The Branch's decision to dismiss Belmont's application was therefore correct. The dismissal is without prejudice to Belmont filing an application for a new station license. (continued....) Federal Communications Commission DA 01-2123 Federal Communications Commission DA 01-2123 � < O < �@��� � @& �0� �0� �0� �0� �0� �0� ��� � �
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  • is filed more than thirty days after the expiration date of the license is treated as either a late-filed renewal application or a "new" application. As a result, the Branch dismissed San Francisco's application as an untimely renewal application because it did not include a waiver and we currently are not accepting applications for new 218-219 MHz Service licensees. Section 1.934(d) of the Commission's Rules permits the dismissal of an application that is defective and does not contain a request for waiver of the Commission's rules. San Francisco fails to show how the Branch's action was in error. Accordingly, we find that the Branch's action was proper. On September 6, 2000, as part of San Francisco's Petition, San Francisco requested a
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  • 1.939 of the Commission's Rules, 47 C.F.R. � 1.939, the petition to deny File Nos. 853269-77, and 853279-86, filed by Warren C. Havens, on July 6, 2000 IS GRANTED IN PART as set forth above. IT IS FURTHER 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 1.934(d) and 80.475(a) of the Commission's Rules, 47 C.F.R. �� 1.934(d), 80.475(a), File Nos. 853269-77, and 853279-86, filed by Regionet Wireless License, LLC on May 17 and 18, 2000 ARE 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
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  • by the applicant. Therefore, we find that Havens's above-captioned applications are defective because they do not propose 60 percent coverage of the entire Trinity River, Lower Colorado River, or San Antonio River. 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 Sections 1.934(d) and 80.475(a) of the Commission's Rules, 47 C.F.R. �� 1.934(d), 80.475(a), FCC File Nos. 852997-853009, filed by Warren C. Havens on February 1 and 10, 2000 ARE DISMISSED. IT IS FURTHER 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 1.939 of the Commission's Rules, 47 C.F.R.
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  • that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on November 1, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
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  • both petitions in this Order on Reconsideration. For the reasons set forth below, we grant both the U.S. Telemetry Petition and the Syn-Tel Petition insofar as each seeks reversal of the dismissals of the captioned applications, and we reinstate the applications nunc pro tunc. In addition, we grant the U.S. Telemetry applications and dismiss the Syn-Tel applications pursuant to Section 1.934(d)(2) of the Rules. BACKGROUND Interactive Control Two, Inc. (Interactive) acquired the subject licenses as the successful high bidder in the Federal Communications Commission's (FCC or Commission) July 1994 auction of Interactive Video and Data Service (IVDS) licenses. In 1995, Interactive entered into an agreement with Wincom Corporation (Wincom). Although the agreement contemplated that Interactive would assign the subject licenses to
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  • above-captioned Phase I application proposing a site location in Richland Springs, Texas. On December 8, 2000, Concho timely filed its Petition against the above-captioned application, arguing that PCM's application is defective because: (1) the application sought spectrum previously assigned to Concho on an exclusive basis and could not be assigned to PCM without causing harmful interference in violation of section 1.934(e)(2) of the Commission's rules; (2) the location of PCM's proposed facilities would cause harmful interference with Concho's cellular system without obtaining written consent from Concho in violation of Section 22.911 of the Commission's rules; and (3) the PCM application proposes services to a location that is not unserved in violation of section 22.949(a)(1)(iii) of the Commission's rules. 4. On December
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  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 14, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104 of the Commission's Rules.
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  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 27, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
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  • the Secretary's office), aff'd., Order on Reconsideration, 15 FCC Rcd 10251 (2000). If we reached the Petition on the merits, we would deny the Petition. The subject application proposed a site location that clearly violated Section 90.307 of the Commission's Rules, and NSTN failed to request a waiver of that rule. Accordingly, the application was defective. See 47 C.F.R. � 1.934(d)(2). Federal Communications Commission DA 01-2863 Federal Communications Commission DA 01-2863 d e � � � �� �� @& �0� �0� �0� �0� �0� �0� �0� �`� �0� ] ]
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  • have on file a current FCC Form 602. 47 C.F.R. � 1.919. If the winning bidder does not have a FCC Form 602 on file at the time the auction closes, it must manually file the form with the Commission when the long-form application is filed. Id.; see Auction Closing Public Notice, 15 FCC Rcd at 13653. 47 C.F.R. �� 1.934(d), 1.2107(c), 1.2112. 47 C.F.R. �� 1.2110(i), 101.1209(b)(ii); see Auction Closing Public Notice, 15 FCC Rcd at 13769-71. 47 C.F.R. � 1.2112(b)(2); see Auction Closing Public Notice, 15 FCC Rcd at 13771. 47 C.F.R. � 1.2110(i); see Auction Closing Public Notice, 15 FCC Rcd at 13769-71. The gross bid is the dollar amount bid, exclusive of any bidding credits. The net
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  • WAIVER ORDER AUCTION EVENT NO. 41 The long-form applications (FCC Form 601) for Narrowband PCS (``NPCS'') licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). We also seek comments on a request filed by one of the applicants, Space Data Spectrum Holding (``Space Data''), for clarification of the Space Data Waiver Order. Specifically, Space Data asks the Commission to clarify that the Space Data Waiver Order allows it to operate its balloon-borne repeaters on all of its contiguous continental United States Major Trading Areas
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  • Section 1.949 of the Commission's Rules, 47 C.F.R. � 1.949, the Request for Waiver of Section 1.949(a) of the Commission's Rules filed by ACC Network Corp. on March 19, 2001 IS DENIED. IT IS FURTHER ORDERED that ORDERED that pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, ACC Network Corp.'s pending application, FCC File No. 0000401082, filed on March 19, 2001, IS DISMISSED. These actions are 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 Ramona E. Melson Deputy Chief, Public Safety and Private Wireless Division
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  • Bureau announced implementation of the unified policy for dismissing or returning defective applications in a Public Notice released on February 24, 1999. In that Public Notice, the Bureau stated that, effective May 1, 1999, it would begin dismissing defective applications and pleadings rather than returning them to the applicants for correction. Pursuant to the unified policy, and pursuant to Section 1.934(d) of the Commission's Rules, the Bureau may dismiss without prejudice any application that: Is not signed; Does not contain an adequate fee (including fees for waiver requests and requests for fee exemption); Requires a specific FCC Form or Schedule to be submitted and the Form or Schedule is missing; Requires a specific showing under the Rules (e.g., frequency coordination, an
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  • Hotline at (202) 414-1250, TTY (202) 414-1255. The FCC Technical Support Hotline generally will be available Monday through Friday, from 9 a.m. to 6 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. Questions regarding this Public Notice may be directed to Shellie Blakeney, Esq., Wireless Telecommunications Bureau at (202) 418-1784, TTY (202) 418-7233. 47 C.F.R. � 1.934. 47 C.F.R. � 1.2108(b); see also 47 C.F.R. � 1.4. 47 C.F.R. � 1.2108(c). Id. Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, FCC 01-345, � 2 (rel. Nov. 29, 2001). For security purposes, we recommend that documents filed via electronic mail be converted to PDF format. Id., � 6. The Commission will automatically reply to all
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  • Form 601) for 800 MHz SMR Service Frequencies in the Lower 80 Channels (``800 MHz SMR'') licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's Rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than February 26, 2001, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than March 5, 2001, five (5) business days after the filing date for petitions to
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  • that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on March 8, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules.
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  • applications (FCC Form 601) for C and F Block Broadband Personal Communications Services (``C&F Block PCS'') licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Attachment A also indicates the applicants seeking a Tribal Land Bidding Credit (``TLBC''). See 47 C.F.R. � 1.2110(f)(3). For those applicants who have not yet submitted the required certifications to the Commission for an award of the TLBC, the ``Tribal Land Bidding Credit'' column in Attachment A will be blank. See id. Petitions to deny the applications listed in
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  • Detroit Edison's petition, we would affirm the Branch's dismissal of the subject application was proper. When Detroit Edison filed the subject application on June 23, 2000, the proposed station was short-spaced with respect to Grand Trunk's existing station, Station WPOM928. Because Detroit Edison did not submit a short-spacing agreement, the application was defective, and thus, properly dismissed. 47 C.F.R. � 1.934(d). Furthermore, Detroit Edison's argument that the license for Station WPOM928 was improperly granted is an untimely request for reconsideration of that grant. Grand Trunk was granted a license Station WPOM928 on March 17, 2000, and Detroit Edison did not file this petition for reconsideration until November 2, 2000. Thus, to the extent there may have been error in the grant
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  • sent to Ameriflight thirty-eight days prior to the expiration of its license. Ameriflight's argument that it was unaware of the Commission's filing requirements is without merit. Applicants must stay apprised of the FCC's filing requirements and other FCC Rules, and Ameriflight's failure to do so here is not sufficient to excuse it from timely filing its renewal application. Moreover, Section 1.934(d) of the Commission's Rules clearly states that applications will be dismissed as defective if they are incomplete. 9. In addition, Ameriflight's Waiver Request fails the stricter standard of review required by the Commission's policy for treatment of renewal requests filed more than thirty days after the license expiration date. Ameriflight's license expired on January 30, 2000, and it did not
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  • frequency engineering analysis submitted with the application failed to show interference protection to existing Station WPQP274, Phoenix, Arizona, licensed to Salt River Project Agricultural & Power District (d.b.a SRP) on frequencies 952/928.43750 MHz. The proposed station was short-spaced with respect to SRP's existing station and the application lacked the required short-spacing agreement. Therefore, the application was defective pursuant to Section 1.934 of the Commission's Rules. 47 C.F.R. � 1.934. See Branch's Dismissal Letter to GTECH Corporation regarding FCC File No. 0000195561 (dated Nov. 16, 2000). The Branch dismissed FCC File No. 0000193645 because it was untimely filed with respect to FCC File No. 0000216989, filed by SRP on Septemeber 14, 2000. GTECH filed FCC File No. 0000193645 on July 25, 2000.
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  • No. AUC-38 (Auction No. 38) The long-form applications (FCC Form 601) for 700 MHz Guard Bands licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than April 2, 2001, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than April 9, 2001, five (5) business days after the filing date for petitions to
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  • Petition at 1-2. Id. at 4-6. Id. at 8-9. 47 C.F.R. � 22.535. Petition at 4. Adams does not seek further reconsideration on this issue if Adams's request for further reconsideration or waiver is granted on other grounds. 47 C.F.R. � 22.535. Division Order at 2. See former rule section 22.128, 47 C.F.R. � 22.128 (1997) and current rule section 1.934, 47 C.F.R. � 1.934. 47 C.F.R. � 1.925. See Acadian Ambulance Services, Inc., Order, 14 FCC Rcd 19310 (1999). See JSM Tele-page, Inc., Memorandum Opinion and Order, 14 FCC Rcd 19516 (WTB 1999). (continued....) Federal Communications Commission DA 01-815 Federal Communications Commission DA 01-815 C D �@��� @& �0� �0� �0� �0� �0� �0� ��� g
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  • require us to redraw the CGSA. Accordingly, we conclude that NECC's application is defective under Section 22.912(a) of the Commission's rules because the SAB of each cell site it proposes impermissibly extends into Sagir's authorized CGSA. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309(d) of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309(d), and Sections 1.934(d)(2), 1.939, 22.912(a) and 22.949(a) of the Commission's rules, 47 C.F.R. �� 1.934(d)(2), 1.939, 22.912(a), and 22.949(a), the Petition to Dismiss or Deny filed by Sagir, Inc. on April 30, 2000 in the above-captioned matter is GRANTED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 309(d) of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309(d), and Sections
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  • Form 601) for 800 MHz SMR Service Frequencies in the Lower 80 Channels (``800 MHz SMR'') licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's Rules. See 47 C.F.R. � 1.934(a), (d). Applications not appearing in Attachment A remain under consideration by the Commission. Petitions to deny the applications listed in Attachment A must be filed no later than January 29, 2001, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than February 5,
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  • as untimely. With regard to GlobeCast's request for a waiver of Section 1.913(b) of the Commission's Rules, we find that the request is premature. Currently, we have before us timely filed applications that were submitted manually instead of electronically. These applicants were required to be filed electronically. Because they were instead filed manually, they are defective applications pursuant to Section 1.934(d) of the Commission's Rules. Consequently, we must apply the Commission's policy regarding the processing of timely filed, but defective, license renewal applications. In 1998, the Commission established a unified policy for dismissing and returning applications, as well as pleadings related to such applications (Unified Policy). On June 28, 1999, the Commission modified such policy, and on July 1, 1999, the
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  • firms, hotels, car rental companies, and ground transportation services, etc. Under its modified proposal, LMR anticipated that its system would be used to coordinate ``airport transportation vehicles, safety and service personnel.'' On October 13, 1999, the Division approved the withdrawal of Waiver II and dismissed all of the amended applications filed on January 14, 1993 as defective pursuant to Section 1.934(d)(2) of the Commission's Rules. The Division determined that, without waiver requests, LMR's applications for I/LT and Business channels were defective because Section 90.179 of the Commission's Rules provides that Private Land Mobile Radio (PLMR) services channels above 800 MHz may be shared only on a not-for-profit basis, and LMR intended to operate for-profit systems. The Division based this determination, in
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  • the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925, the Request for Waiver filed by Emory University Hospital on November 19, 2001, 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 1.934(d)(2) of the Commission's Rules, 47 C.F.R. � 1.934(d)(2), FCC File No. 0000569873, filed August 23, 2001, SHALL BE 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 FCC File No.
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  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 20, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
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  • hereby approves the Settlement Agreement and dismisses with prejudice Link Two's Petition to Deny, Brix's Opposition, Link Two's Reply and any other pleadings filed by either party in this proceeding. In view of the foregoing, the Division finds that the public interest would be served by grant of Brix's request for waiver of former rule section 22.128(f) (now rule section 1.934(f)), filed July 1, 1999. Brix's predecessor timely filed renewal applications with an inadequate fee. Shortly after being apprised of the fee inadequacy by the Division, the applications were refiled with the correct fee. The Division dismissed the refiled applications as untimely pursuant to former rule section 22.128(f). Brix's predecessor filed a petition for reconsideration of the dismissal action requesting waiver
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  • a ministerial error. Accordingly, we conclude that we lack the authority to set aside SDG&E's authority to operate in the areas of Fallbrook, Escondido, San Clemente, San Juan Capistrano and Vista, California as these grants are now final. As a result, we cannot grant Cal Water's request for frequencies that are short-spaced with frequencies that are authorized to SDG&E. Section 1.934(e)(1) of the Commission's Rules provides that we may dismiss requests for unavailable spectrum if it has previously been assigned to another licensee on an exclusive basis or cannot be assigned without causing harmful interference. Because SDG&E has been assigned to operate on an exclusive basis on spectrum requested by Cal Water, we must dismiss Cal Water's applications for that spectrum.
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  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 5, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
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  • Established Report No. AUC-45 (Auction No. 45) The long-form applications (FCC Form 601) for Cellular RSA licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than August 5, 2002, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than August 12, 2002, five (5) business days after the filing date for petitions
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  • Hotline at (202) 414-1250, TTY (202) 414-1255. The FCC Technical Support Hotline generally will be available Monday through Friday, from 9 a.m. to 6 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. Questions regarding this Public Notice may be directed to Shellie Blakeney, Esq., Wireless Telecommunications Bureau at (202) 418-1784, TTY (202) 418-7233. 47 C.F.R. � 1.934. 47 C.F.R. � 1.2108(b); see also 47 C.F.R. � 1.4. 47 C.F.R. � 1.2108(c). Id. Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, FCC 01-345, � 2 (rel. Nov. 29, 2001). For security purposes, we recommend that documents filed via electronic mail be converted to PDF format. Id., � 6. The Commission will automatically reply to all
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  • 2001) (Public Notice). 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 Service, WT Docket No. 98-20, Report and Order, 13 FCC Rcd 21027 (1998) (ULS Report and Order) (adopting 47 C.F.R. � 1.934). The Universal Licensing System (ULS) is an interactive licensing system developed by the Bureau to consolidate and replace eleven licensing databases previously used to process applications and grant licenses in the wireless services. Id. at 21068 � 90. Id. See, e.g., id. On June 28, 1999, the Commission modified the ULS Report and Order. See Biennial Regulatory Review - Amendment
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  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on October 4, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
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  • stating that: Returns will be done by letter and will clearly state that failure to respond within 60 days will result in dismissal of the subject application. If at the end of the 60-day period the Bureau is still unable to process the application (whether or not it has been amended), the Bureau may dismiss the application pursuant to Section 1.934(c) for failure to prosecute. 3. On August 22, 2001, Niagara Mohawk filed an application to modify Station WPKW909. Because the application requested frequencies allocated to the Public Safety Radio Pool, Niagara Mohawk requested a waiver of Section 90.20 of the Commission's Rules. The Licensing and Technical Analysis Branch (Branch) of the Public Safety and Private Wireless Division returned the application
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  • (``Nevada Wireless Letter'') (``Absent substantiated evidence of wrongdoing, . . . it is more prudent to address [designated entity eligibility] allegations after the winning bidders have submitted their long-form applications''). Id. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. 47 C.F.R. � 1.934 (a), (d). See, e.g., Application of Baker Creek Communications, L.P., 14 FCC Rcd 11529 (1999) (petition to deny filed against the winning bidder and granted to the extent that the winning bidder was declared ineligible to receive the bidding credits claimed); Applications of Nextband Communications, L.L.C., 14 FCC Rcd 7647 (1999) (Commission concluding as a result of the petition to
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  • AUC-44 (Auction No. 44) The long-form applications (FCC Form 601) for the Lower 700 MHz Band licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). The following schedule for pleading and payment has been set in light of the Auction Reform Act of 2002, which includes a statutory deadline of December 31, 2002. Petitions to deny the applications listed in Attachment A must be filed no later than November 15, 2002, seven (7) days after the date of this Public Notice. See 47
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  • that part of the geographic area for which McElroy proposes to provide service is already licensed to SBI on an exclusive basis; operation at the proposed sites will cause harmful interference to SBI without the consent of SBI; and McElroy proposes to provide service to an area that is not an unserved area. Petition at 2-3 (citing 47 C.F.R. �� 1.934(e)(2), 22.911, and 22.949, respectively). (...continued from previous page) (continued....) Federal Communications Commission DA 02-xx Federal Communications Commission DA 02-3209 - % & � # % ! ! " # $ % & F & ! & %
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  • complied with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in
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  • complied with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in
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  • AUC-44 (Auction No. 44) The long-form application (FCC Form 601) for the Lower 700 MHz Band licenses listed in Attachment A has been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the application listed in Attachment A must be filed no later than December 19, 2002, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than December 27, 2002, five business (5) days after the filing date for petitions
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  • complied with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in
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  • complied with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in
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  • complied with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in
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  • complied with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in
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  • change as to any . . . matter which may be of decisional significance in a Commission proceeding involving the pending applications, the applicant shall as promptly as possible and in any event within 30 days, unless good cause is shown, submit a statement furnishing such additional or corrected information as may be appropriate. . . .''). 47 C.F.R. �� 1.934(c), 1.945, 2.108. We note that, where, as here, there is no substantial issue of fact as to an applicant's lack of qualifications, we need not hold an evidentiary hearing prior to making our determination. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2383 � 202
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  • of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 22.567 of the Commission's Rules, 47 C.F.R. �� 1.925, 22.567, the request for waiver filed on March 12, 2001 by Shell Chemical Company 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 Sections 1.934(d)(2) and 22.567 of the Commission's Rules, 47 C.F.R. �� 1.934(d)(2), 22.567, the application filed on March 12, 2001 by Shell Chemical Company 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 Barry J. Ohlson Acting Chief, Public Safety and Private Wireless Division
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  • Established Report No. AUC-43 (Auction No. 43) The long-form applications (FCC Form 601) for Multi-Radio Service licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than March 18, 2002, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than March 25, 2002, five (5) business days after the filing date for petitions
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  • stating that: Returns will be done by letter and will clearly state that failure to respond within 60 days will result in dismissal of the subject application. If at the end of the 60-day period the Bureau is still unable to process the application (whether or not it has been amended), the Bureau may dismiss the application pursuant to Section 1.934(c) for failure to prosecute. As noted above, applications dismissed and later refiled will lose their original place in the processing line and be treated as newly-filed applications. 5. On January 22, 2001, PBW timely filed license renewal applications for the above captioned stations. PBW failed, however, to include substantial service showings with the applications, as required by Section 101.17 of
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  • 40 Pleading Cycle Established Report No. AUC-40 (Auction No. 40) The long-form applications (FCC Form 601) for Paging licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R.�1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than April 19, 2002, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than April 26, 2002, five (5) business days after the filing date for petitions
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  • Form 601) of Silver Palm Communications, Inc. (``Silver Palm'') for 800 MHz SMR General Category and Upper Band licenses listed in Attachment A has been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R.�1.934 (a), (d). Petitions to deny the application listed in Attachment A must be filed no later than April 25, 2002, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than May 2, 2002, five (5) business days after the filing date for petitions
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  • complied with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss its Pending Application, with prejudice. Additionally, as provided in the Final Refund Order, the applicant listed in Attachment A is released from all payment obligations associated with its Pending Application, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process a refund of the remainder of the down payment associated with the application listed in Attachment A, provided that the Commission has received a request for a refund made by the payor of record with respect to
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  • we find that the petition was not timely filed in the proper location. Moreover, Pearl did not request a waiver to file its petition in Gettysburg, as opposed to filing it with the Office of the Secretary. Accordingly, even if Pearl's petition had been timely, the petition would be subject to dismissal as improperly filed. Nonetheless, we note that under 1.934(a) of our Rules, when an application has been dismissed with prejudice, an applicant may not file another application for the same purpose for a period of one year. In this instance, the dismissal was without prejudice. Thus, Pearl could file another renewal application and waiver request setting forth the additional information presented in its Petition. Accordingly, for reasons of administrative
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  • complied with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss its Pending Application, with prejudice. Additionally, as provided in the Final Refund Order, the applicant listed in Attachment A is released from all payment obligations associated with its Pending Application, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Application. In addition, the Commission is prepared to process a refund of the remainder of the down payment associated with the application listed in Attachment A, provided that the Commission has received a request for a refund made by the payor of record with respect to
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  • addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 application. The applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. An incomplete or defective application may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on May 16, 2003, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
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  • were that San Francisco filed its renewal application almost two months after its license expired and without a waiver request. Under the Commission's Rules, the Branch may dismiss without prejudice any application that proposes operations not permitted under the Rules and does not properly request a waiver. Thus, we continue to believe that the Branch's action was consistent with Section 1.934(d)(2) of the Commission's Rules and that San Francisco has not provided any reason for concluding otherwise. We also reject San Francisco's attempt in the Reconsideration Petition to deflect responsibility for the approximately eighteen-month delay in filing a waiver request. San Francisco attempts to make much of the fact that its previous renewal application remained pending for some fifteen months. However,
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  • using ULS for applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will be available Monday through Friday, from 9 a.m. to 6 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. Those persons seeking answers to legal questions should call Keith Fickner at (202) 418-7308. 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b). 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). 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 $ $ �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� �
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  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on June 13, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
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  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on July 2, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
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  • the reasons set forth above, Mobile Relay Associates' petitions for reconsideration of the dismissal of applications 0000526163 and 0000530288 are denied. Section 90.313(c) prohibits assignments within sixty-four kilometers of a protected co-channel station, and contains no exception for temporary locations. Finally, MRA's application 0000628268 is defective for noncompliance with Sections 90.187 and 90.313, and will be dismissed pursuant to Section 1.934(d) of the Commission's Rules. 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 1.41 of the Commission's Rules, 47 C.F.R. � 1.41, the Petition for Enforcement Action filed by James A. Kay, Jr., on December 4, 2001 IS GRANTED IN PART to the extent
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  • AUC-49 (Auction No. 49) The long-form applications (FCC Form 601) for the Lower 700 MHz Band licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than September 22, 2003, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than September 30, 2003, six (6) business days after the filing date for petitions
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  • publication as follows: 25� 58' 46'' N, 80� 11' 50'' W. This location is 1.5 km from the site proposed in the captioned applications. We also note that Station WLRN-TV is currently authorized to operate at the following site: 25� 57' 30'' N, 80� 12' 44'' W, which is 1.42 km from the petitioners' proposed site. See 47 C.F.R. � 1.934(d)(2). , supra. (...continued from previous page) (continued....) Federal Communications Commission DA 03-2922 Federal Communications Commission DA 03-2922 h m n � � � � � � h4 F K 4 � '& q 4 �
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  • Established Report No. AUC-48 (Auction No. 48) The long-form applications (FCC Form 601) for the Paging licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than October 10, 2003, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than October 20, 2003, five (5) business days after the filing date for petitions
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  • in addition to the materials described below, all the information that is required under our rules is included with its FCC Form 601 applications. The applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on October 16, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
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  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on October 17, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
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  • Established Report No. AUC-48 (Auction No. 48) The long-form applications (FCC Form 601) for the Paging licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than October 14, 2003, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than October 21, 2003, five (5) business days after the filing date for petitions
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  • Established Report No. AUC-48 (Auction No. 48) The long-form application (FCC Form 601) for the Paging license listed in Attachment A has been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the application listed in Attachment A must be filed no later than October 17, 2003, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than October 24, 2003, five (5) business days after the filing date for petitions
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  • 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 waiver request filed by Isles of Capri Fire / Rescue on February 3, 2003 IS DENIED. 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 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, the application (File No. 0001181747) filed by Isles of Capri Fire / Rescue on February 3, 2003 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
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  • Established Report No. AUC-48 (Auction No. 48) The long-form applications (FCC Form 601) for the Paging licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than November 13, 2003, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than November 20, 2003, five (5) business days after the filing date for petitions
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  • Established Report No. AUC-40 (Auction No. 40) The long-form applications (FCC Form 601) for the Paging licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than February 14, 2003, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than February 24, 2003, five (5) business days after the filing date for petitions
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  • 2003 Released: November 14, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. We have before us an application filed by The Flight Department Inc. (The Flight Department) for a new aeronautical advisory station (unicom) at the Garfield County Airport in Rifle, Colorado. For the reasons stated below, we dismiss the application pursuant to Section 1.934(d)(2) of the Commission's Rules. Background. Currently, the Garfield County Airport Authority (Airport Authority) is licensed for a unicom at the Garfield County Airport under Call Sign WIT7. Section 87.215(b) of the Commission's Rules provides that ``[o]nly one unicom will be authorized to operate at an airport which does not have a control tower, RCO [control tower remote communications outlet] or
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  • which was a Saturday. Since that day was a holiday, petitions for reconsideration were due on the next business day, Monday, July 15, 2002. See 47 C.F.R. � 1.4(h). See, e.g., Panola Broadcasting Co., Memorandum Opinion and Order, 68 FCC 2d 533 (1978); Metromedia, Inc., Memorandum Opinion and Order, 56 FCC 2d 909, 909-10 (1975). See 47 C.F.R. �� 1.925(c)(ii), 1.934(d)(2). (...continued from previous page) (continued....) Federal Communications Commission DA 03-475 Federal Communications Commission DA 03-475 V W Z d Z Z � F �
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  • filed against the winning bidder and granted to the extent that the winning bidder was declared ineligible to receive the bidding credits claimed); Applications of Nextband Communications, L.L.C., 14 FCC Rcd 7647 (1999) (Commission concluding as a result of the petition to deny phase that a winning bidder did not violate the Commission's anti-collusion rules); see generally 47 C.F.R. �� 1.934, 1.945, and 1.2018. In such event, the Commission may either re-auction the license to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. 47 C.F.R. � 1.2109(c). See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2383, �� 200-201; Implementation of Section 309(j) of the Communications Act -
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  • complied with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in
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  • 47 U.S.C. �� 154(i), 303(r), and Sections 0.331 and 90.631(f) of the Commission's rules, 47 C.F.R. �� 0.331, 90.631(f), the authorization granted to Donna J. Olson for Station WPFN331 has AUTOMATICALLY CANCELLED. 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 Sections 0.331 and 1.934 of the Commission's rules, 47 C.F.R. �� 0.331, 1.934, the Application for Modification of Station WPFN331 filed by Donna J. Olson on March 8, 2002, IS DISMISSED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 303(r), and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 309, and Sections 0.331 and 1.939 of the
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  • Established Report No. AUC-48 (Auction No. 48) The long-form applications (FCC Form 601) for the Paging licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than May 3, 2004, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than May 10, 2004, five (5) business days after the filing date for petitions
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  • associated with the captioned applications filed by Monroe County on December 30, 2003, and March 11, 2004, to use frequency 901.375 MHz, for public safety services as requested in the captioned applications IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 337(c) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 337(c), and Section 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, FCC File Nos. 0001561608 and 0001652297 ARE 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. �� 0131, 0331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Critical Infrastructure Division Wireless Telecommunications Bureau See FCC File No. 0001561608 (filed
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  • Data Service (``MVDDS'') service licenses (``Auction No. 53''). The long-form applications (FCC Form 601) for the MVDDS licenses listed in Attachment A have been, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than June 25, 2004, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than July 2, 2004, five (5) business days after the filing date for petitions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2057A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2057A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2057A1.txt
  • to comply with the timing requirements of Section 1.2105(a) and is unacceptable for filing, we need not address Verizon Wireless's request for waiver of the electronic filing requirement and dismiss the request as moot. Sincerely, Kathryn Garland Deputy Chief Auctions and Spectrum Access Division Accordingly, any application for these frequencies is defective and must be dismissed. See 47 C.F.R. � 1.934(e)(1). In the Matter of Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348 (1994). Id. at �164 n. 121. John T. Scott, III DA 04-2057 R. Michael Senkowski Page 2 Federal Communications Commission Washington, D.C. 20554 DA 04-2057  � $ �B��k�(/YM��`鉉��PNG �0���eX...�W0f�"˸ -ʝ �D... p-C� C\ i8 �] ~'��\���
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-215A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-215A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-215A5.txt
  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on February 17, 2004, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-232A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-232A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-232A1.txt
  • No. AUC-51 (Auction No. 51) The long-form application (FCC Form 601) for the Regional Narrowband PCS licenses listed in Attachment A has been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the application listed in Attachment A must be filed no later than February 13, 2004, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than February 23, 2004, five (5) business days after the filing date for petitions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-233A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-233A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-233A1.txt
  • Report No. AUC-50 (Auction No. 50) The long-form applications (FCC Form 601) for the Narrowband PCS licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than February 13, 2004, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than February 23, 2004, five (5) business days after the filing date for petitions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2429A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2429A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2429A4.txt
  • in addition to the materials described below; all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on August 16, 2004, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-244A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-244A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-244A1.txt
  • Petition was not timely filed in the proper location. Moreover, Michalak did not request a waiver to file the Petition with the Bureau's office, as opposed to filing it with the Office of the Secretary. Accordingly, even if Michalak's reconsideration petition had been timely, the Petition would be subject to dismissal as improperly filed. Nonetheless, we note that under Section 1.934(a) of our Rules, when an application has been dismissed with prejudice, an applicant may not file another application for the same purpose for a period of one year. In this instance, the dismissal was without prejudice. Thus, Michalak could file another renewal application and waiver request setting forth the additional information presented in his Petition. Accordingly, for reasons of administrative
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3012A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3012A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3012A4.txt
  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on October 1, 2004, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3501A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3501A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3501A1.txt
  • will be returned to the applicant by letter and will clearly state that failure to respond within sixty days will result in dismissal of the subject application. If at the end of the sixty-day period the Bureau is still unable to process the application (whether or not it has been amended), the Bureau may dismiss the application pursuant to Section 1.934(c) of the Commission's Rules, 47 C.F.R. � 1.934(c), for failure to prosecute. See, e.g., Wireless Telecommunications Bureau Revises and Begins Phased Implementation of Its Unified Policy for Reviewing License Applications and Pleadings, Public Notice, 14 FCC Rcd 11182, 11186-87 (WTB 1999). Petition at 1-3. Id. Id. at 3. See Letter dated August 25, 2003, from FCC to Starbase Aviation Incorporated
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  • Telecommunications System (``AMTS'') spectrum (``Auction No. 57''). The long-form applications (FCC Form 601) for the SMR licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than November 22, 2004, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than November 30, 2004, five (5) business days after the filing date for petitions
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  • therefore dismiss its application. This removes the mutual exclusivity that was the only impediment to the processing of Crabtree's renewal application, and we will therefore direct the Division's licensing staff to process that application. 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 1.934(d) and 87.215(c) of the Commission's Rules, 47 C.F.R. �� 1.934(d) and 87.215(c), that the application, FCC File No. 0001300645, filed by Spirit Wing Aviation Services Ltd on May 6, 2003 IS DISMISSED. IT IS FURTHER 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) of the Communications Act
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-578A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-578A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-578A5.txt
  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant who fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on March 16, 2004, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-918A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-918A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-918A1.txt
  • and 935-940 MHz bands (``Auction No. 55''). The long-form applications (FCC Form 601) for the SMR licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than April 15, 2004, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than April 22, 2004, five (5) business days after the filing date for petitions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1392A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1392A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1392A6.txt
  • addition to the materials described below, all the information that is required under the Commission's rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on June 9, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth
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  • 14261 � 253. 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, 13 FCC Rcd at 21027 (1998) (ULS R&O); See also 47 C.F.R. � 1.934. ULS R&O, 13 FCC Rcd at 21068 � 90. See, e.g., id. See Wireless Telecommunications Bureau Clarifies Unified Policy for Dismissing and Returning Applications, Public Notice, 17 FCC Rcd 30 (WTB 2001) (Unified Dismissal and Return PN); Wireless Telecommunications Bureau Revises and Begins Phased Implementation of its Unified Policy for Reviewing License Applications and Pleadings, Public Notice, 14 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1959A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1959A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1959A1.txt
  • Address Systems (``MAS'') spectrum (``Auction No. 59''). The long-form applications (FCC Form 601) for the MAS licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than July 18, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than July 25, 2005, five (5) business days after the filing date for petitions to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2239A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2239A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2239A5.txt
  • addition to the materials described below, all the information that is required under the Commission's rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on August 19, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2316A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2316A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2316A5.txt
  • addition to the materials described below, all the information that is required under the Commission's rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on September 7, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth
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  • block (710-716/740-746 MHz) licenses (Auction No. 60). The long-form applications (FCC Form 601) for the PCS licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than October 11, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than October 18, 2005, five (5) business days after the filing date for petitions to
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  • Letters from Jeffrey S. Cohen, Deputy Chief, Public Safety & Critical Infrastructure Division, to Audrey P. Rasmussen, counsel to Paging Systems, Inc., to Bruce A. Henoch, counsel to Nevada Power Company and Sierra Pacific Power Company, and to Bruce A. Henoch, counsel to Repeater Network LLC, DA 05-2688, DA 05-2686, DA 05-2687 (rel. Oct. 13, 2005). See 47 C.F.R. � 1.934(a), (d). See In the Matter of Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, 16 FCC Rcd 21483 (2001); FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, 16 FCC Rcd 22165 (2001). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media
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  • (``AMTS'') spectrum (``Auction No. 61''). The long-form applications (FCC Form 601) for the AMTS licenses listed in Attachment A have been found, upon initial review, to be acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than November 10, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than November 17, 2005, five (5) business days after the filing date for petitions to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2871A1_Erratum.doc
  • (``AMTS'') spectrum (``Auction No. 61''). The long-form applications (FCC Form 601) for the AMTS licenses listed in Attachment A have been found, upon initial review, to be acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than November 10, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than November 17, 2005, five (5) business days after the filing date for petitions to
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  • 1.925 and 90.621(b)(4) of the Communications Act of 1934, as amended, 47 C.F.R. �� 1.925, 90.621(b)(4), that the waiver request filed on December 29, 2004 by Mobile Relay Associates in conjunction with application FCC File No. 0001558517 is DISMISSED AS MOOT IN PART AND DENIED IN PART to the extent set forth above. IT IS FURTHER ORDERED, pursuant to Section 1.934(d)(2) of the Commission's Rules, 47 C.F.R. � 1.934(d)(2), that application FCC File No. 0001558517 SHALL BE DISMISSED consistent with this Order. This action is taken pursuant to delegated authority granted under the provisions of Sections 0.131(a) and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131(a) and 0.331. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure
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  • addition to the materials described below, all the information that is required under the Commission's rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on December 29, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth
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  • a proposal for the Quemado site and was informed about the circumstances in this proceeding in making its decisions on when to file its applications. We find that SBI filed its Quemado application in an untimely manner outside the 30-day notice and cut-off period established by McElroy's first-filed application. Accordingly, we dismiss SBI's Quemado application as defective pursuant to Section 1.934(a) of the Commission's rules. WWC License L.L.C. Amended Application and Request for Waiver We next turn to WWC's amended application and associated Waiver Request, and McElroy's challenge to that amended application. As we stated above, WWC filed its amended application on September 5, 2002, along with a request for waiver of Section 22.949(b)(3) of the Commission's rules, which permits only
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  • (``24 GHz'') service licenses (``Auction No. 56''). The long-form applications (FCC Form 601) for the 24 GHz licenses listed in Attachment A have been, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than February 22, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than March 1, 2005, five (5) business days after the filing date for petitions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A6.txt
  • addition to the materials described below, all the information that is required under the Commission's rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on March 7, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth
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  • 217 Broadband Personal Communications Services (``PCS'') licenses. The long-form applications (FCC Form 601) for the PCS licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than April 4, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than April 11, 2005, five (5) business days after the filing date for petitions to
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  • addition to the materials described below, all the information that is required under the Commission's rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) before 6:00 p.m. Eastern Time (ET) on June 21, 2006, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments
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  • Radiotelephone Service (``Air-Ground'') licenses (Auction No. 65). The long-form applications (FCC Form 601) for the Air-Ground licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than August 7, 2006, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than August 14, 2006, five (5) business days after the filing date for petitions to
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  • application returns. Accordingly, failure of AASHTO to receive notice of the return letter from the Commission does not excuse Greenfield's failure to amend the application. Therefore, we deny the Petition. 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 1.934 of the Commission's Rules, 47 C.F.R. �� 1.106, 1.934, the Petition for Reconsideration filed by the American Association of State Highway Transportation Officials, Inc. on August 17, 2004, 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 COMMUNCIATIONS COMMISSION Michael J. Wilhelm, Chief Public
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  • in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d), (f); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) before 6:00 p.m. Eastern Time (ET) on October 4, 2006, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default
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  • 1710-1755 MHz and 2110-2155 MHz bands (``AWS-1''). The long-form applications (FCC Form 601) for the AWS-1 licenses listed in Attachment A have been found, upon initial review, acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than November 6, 2006, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than November 14, 2006, five (5) business days after the filing date for petitions to
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  • 1710-1755 MHz and 2110-2155 MHz bands (``AWS-1''). The long-form application (FCC Form 601) for the AWS-1 licenses listed in Attachment A has been found, upon initial review, acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the application listed in Attachment A must be filed no later than November 13, 2006, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than November 20, 2006, five (5) business days after the filing date for petitions to
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  • its students and to the greater community. Lamesa's lease with Nucentrix Broadband Networks, Inc. (Nucentrix) has been assigned to Digital Broadcasting Corporation, Inc., which has agreed to assume Nucentrix's former obligations under that lease. We disagree with Metropolitan and the other petitioners that the dismissal of their applications for failure to respond to the return letters was inappropriate. Under Section 1.934(c) of the Commission's Rules, an application may be dismissed for failure to prosecute ``for failure of the applicant to respond substantially within a specified time period to official correspondence or requests for additional information.'' The Bureau's practice is to send a Notice of Return to applicants when additional information is necessary for the Bureau to process the application. The Notice
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  • argues that the Renewal Application should be reinstated because it is in the public interest for its rural subscribers to continue to receive service. III. DISCUSSION Pursuant to Section 1.2112 of the Commission's Rules, each applicant for a license must fully disclose certain ownership information. A licensee must use a Form 602 to provide and update this ownership information. Section 1.934 of the Commission's Rules states that the Commission may dismiss any application in the Wireless Radio Services if the application is found to be defective. Such a dismissal may be without prejudice, meaning that the Commission may accept from the applicant another application for the same purpose at a later time, provided that the application is otherwise timely. MVTV's Renewal
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  • to the completion of Auction No. 58, the Bureau determined that BTA 460-E, Walla Walla, WA-Pendleton, OR, was improperly described in the auction inventory. The Bureau discovered after the auction closed that a portion of BTA 460-E for which the applicant, Carroll Wireless, LP (``Carroll''), was the high bidder was already licensed to another party. Accordingly, and pursuant to Section 1.934(e)(2) of the Commission's rules, 47 C.F.R. � 1.934(e)(2), Carroll's application for BTA 460-E is dismissed. Carroll is entitled to request a refund of the amount it paid to the Commission for BTA 460-E in accordance with the instructions set forth in this Public Notice. . Please leave blank the ``Agency Information'' section. Complete only the ``Payee/Company'' and ``Financial Institution'' sections
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  • Data Service (``MVDDS'') licenses (``Auction No. 63''). The long-form applications (FCC Form 601) for the MVDDS licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than March 13, 2006, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than March 20, 2006, five (5) business days after the filing date for petitions to
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  • in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d), (f); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on March 28, 2007, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the
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  • GHz Band'') (Auction No. 69). The long-form applications (FCC Form 601) for the 1.4 GHz Band licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than April 16, 2007, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than April 23, 2007, five (5) business days after the filing date for petitions to
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  • in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d), (f); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on June 11, 2007, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the
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  • Services (``PCS'') licenses (Auction No. 71). The long-form applications (FCC Form 601) for the Broadband PCS licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than July 5, 2007, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than July 12, 2007, five (5) business days after the filing date for petitions to
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  • than ten miles from the airport reduces the availability of these frequencies for secondary industrial/business users, which is contrary to the Commission's intent. Consequently, we deny the waiver request, and will dismiss WUL's application. 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 1.3, 1.925, and 1.934 of the Commission's Rules, 47 C.F.R. �� 1.3, 1.925, 1.934, the request for waiver filed on January 24, 2006, by Wireless US LLC, Inc. IS DENIED, and FCC File No. 0002457284 SHALL BE 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 Scot
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  • in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d), (f); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on July 18, 2007, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the
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  • for a maximum authorized bandwidth of 20 kHz for Private Land Mobile Radio Service stations operating in the 150-174 MHz band. Thus, it would violate Section 90.209(b)(5) to authorize a 20.2 kHz emission bandwidth for Station WPMN889, as requested in the modification application. RF Data did not request a waiver of Section 90.209(b)(5) in conjunction with the modification application. Section 1.934(d) of the Commission's Rules specifies that an application is defective, and as such subject to dismissal, if, inter alia, it ``requests an authorization that would not comply with one or more of the Commission's rules and does not contain a request for waiver of these rule(s),....'' We find that the captioned modification application from RF Data requests authorization of operational
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  • a total of 76 licenses. The long-form applications (FCC Form 601) for the 220 MHz Service licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than August 10, 2007, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than August 17, 2007, five (5) business days after the filing date for petitions to
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  • 21, 2005, the Public Safety and Critical Infrastructure Division (Division) of the Wireless Telecommunications Bureau issued an Order dismissing the intercategory sharing waiver request as moot, and denying the short-spacing waiver request because it was not prepared in accordance with the provisions of Section 90.621(b)(4) of the Commission's Rules. As a result, the Order dismissed the application pursuant to Section 1.934(d)(2) of the Commission's Rules. MRA seeks partial reconsideration of the Order dismissing its application. MRA asserts that its application does not contain any fatal flaws because it is signed, contains all information, schedules and required exhibits required under the Commission's Rules, was timely filed, and had the appropriate filing fee. MRA also notes that because the application requested an authorization
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  • be served by a grant of Columbia's request, or that, in light of unique or unusual circumstances, the construction deadlines were inequitable, unduly burdensome, or contrary to the public interest, or that Columbia had no reasonable alternative. Pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 0.331, 1.925, 1.934 and 1.946 and of the Commission's Rules, 47 C.F.R. �� 0.331, 1.925, 1.934, 1.946, we deny the Extension Request, FCC File Nos. 0003082379 and 0003082387, filed by Columbia Communications, Inc. on June 21, 2007, to the extent set forth in this letter and notify Columbia Communications, Inc. that its authorization for call signs WPVH438 and WPVH439 terminated automatically for failure
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  • wishes to pursue adding the transmitters described in its waiver request, it must first specify its area(s) of operation and obtain frequency coordination. At that time, we would consider whether a waiver of Section 90.259(a) would be appropriate. 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 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, that application FCC No. 0002940104 filed by Veritas Geophysical Services, LLC on March 8, 2007 SHALL BE DISMISSED, and the associated waiver request 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
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  • clarify its intent that it is requesting 181 mobiles per channel. We see no reason not to accept NSTN's amendment to the application as permitted under the Rules. For reasons set forth above, IT IS ORDERED, pursuant to the authority of Sections 4(i) and 303(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(i), and Section 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, that the informal objection filed on January 30, 2002 by Mobile Relay Associates, Inc., and the petition to deny filed on October 27, 2003 by James A. Kay, Jr., ARE DENIED, and application FCC File No. 0000693489, filed by National Science and Technology Network, Inc. on December 12, 2001 and subsequently amended,
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  • Review filed by WWC License L.L.C. on March 25, 2005; and the Reply to Opposition, and Comments on, Application for Review filed by McElroy Electronics Corporation on April 4, 2005, are 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 Sections 0.331 and 1.934 of the Commission's rules, 47 C.F.R. �� 0.331, 1.934, the Application, FCC File No. 0001102638, filed by Alltel Communications of the Southwest Limited Partnership on November 25, 2002; the Application, FCC File No. 0001141871, filed by Smith Bagley, Inc. on January 3, 2003; the Application, FCC File No. 0001141907, filed by McElroy Electronics Corporation and Commnet Wireless, LLC Joint Venture
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  • in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d), (f); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on September 9, 2008, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the
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  • Communications Service (``PCS'') (Auction No. 78). The long-form applications (FCC Form 601) for the broadband PCS licenses listed in Attachment A have been found, upon initial review, acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than October 20, 2008, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than October 27, 2008, five (5) business days after the filing date for petitions to
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  • Advanced Wireless Services (``AWS'') (Auction No. 78). The long-form applications (FCC Form 601) for the AWS licenses listed in Attachment A have been found, upon initial review, acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than October 20, 2008, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than October 27, 2008, five (5) business days after the filing date for petitions to
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  • renew the license be dismissed, and the Town's application for a new unicom license be processed according to the Commission's rules and policies regarding unicom applications that are not mutually exclusive with any other application. 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 1.934 and 87.215 of the Commission's Rules, 47 C.F.R. �� 1.934, 87.215, that application FCC File No. 0003089325 filed by Sanford Air, Inc. on June 20, 2007, SHALL BE DISMISSED. IT IS FURTHER 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 87.215 of the Commission's Rules, 47
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  • in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d), (f); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on April 3, 2008, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-87A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-87A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-87A1.txt
  • protection standard to protect incumbent AMTS stations against interference from geographic area licensee operations. The Commission also concluded that it would be contrary to the public interest to continue to process site-based applications, so it dismissed all AMTS applications the processing of which had been suspended. Havens filed a petition for reconsideration, arguing that the Bureau was obligated under Section 1.934 of the Commission's Rules to avoid mutual exclusivity by ensuring that the applications complied with certain threshold qualifications before accepting those applications for filing. He asserted that if the Bureau had closely examined the Mobex applications before accepting them for filing, it would have dismissed them for non-compliance with the AMTS service coverage and broadcast television interference protection requirements, thereby
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-927A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-927A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-927A1.txt
  • MHz Band'') (Auction No. 73). The long-form applications (FCC Form 601) for the 700 MHz Band licenses listed in Attachment A have been found, upon initial review, acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than May 2, 2008, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than May 9, 2008, five (5) business days after the filing date for petitions to
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  • Definitions. 1.911 Station files. 1.913 Application and notification forms; electronic and manual filing. 1.915 General application requirements. 1.917 Who may sign applications. 1.919 Ownership information. 1.923 Content of applications. 1.924 Quiet zones. 1.925 Waivers. 1.926 Application processing; initial procedures. 1.927 Amendment of applications. 1.929 Classification of filings as major or minor. 1.931 Application for special temporary authority. 1.933 Public notices. 1.934 Defective applications and dismissal. 1.935 Agreements to dismiss applications, amendments or pleadings. 1.937 Repetitious or conflicting applications. 1.939 Petitions to deny. 1.945 License grants. 1.946 Construction and coverage requirements. 1.947 Modification of licenses. 1.948 Assignment of authorization or transfer of control, notification of consummation. 1.949 Application for renewal of license. 1.951 Duty to respond to official communications. 1.955 Termination of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1331A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1331A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1331A1.txt
  • Designate Proceedings as ``Permit but Disclose'' filed by Sprint Nextel Corporation on March 22, 2007 IS DENIED with respect to File Nos. 0002882270, 0002882276, 0002882573, and 0002922392. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.949 of the Commission's Rules, 47 C.F.R. � 1.934(d)(2), that the licensing staff of the Broadband Division SHALL PROCESS the applications listed in the Appendix in accordance with this Memorandum Opinion and Order and the Commission's rules and policies. These actions are 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 Blaise A. Scinto Chief, Broadband
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1331A1_Rcd.pdf
  • Designate Proceedings as "Permit but Disclose" filed by Sprint Nextel Corporation on March 22, 2007 IS DENIED with respect to File Nos. 0002882270, 0002882276, 0002882573, and 0002922392. 35. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.949 of the Commission's Rules, 47 C.F.R. � 1.934(d)(2), that the licensing staff of the Broadband Division SHALL PROCESS the applications listed in the Appendix in accordance with this Memorandum Opinion and Order and the Commission's rules and policies. 36. These actions are 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 Blaise A. Scinto Chief,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1332A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1332A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1332A1.txt
  • Sections 1.115(d) of the Commission's Rules, 47 C.F.R. � 1.06(g), that the Opposition of Sprint Nextel Corporation on November 15, 2007 and the Reply to Opposition filed by Byron Independent School District on November 27, 2007 ARE DISMISSED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, 47 U.S.C. �� 154(i), and Section 1.934(f) of the Commission's Rules, 47 C.F.R. � 1.934(f), that the application attached to the Petition for Reconsideration IS DISMISSED WITH PREJUDICE. 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 Blaise A. Scinto Chief, Broadband Division Wireless Telecommunications Bureau Petition for Reconsideration and Reinstatement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1332A1_Rcd.pdf
  • and Sections 1.115(d) of the Commission's Rules, 47 C.F.R. � 1.06(g), that the Opposition of Sprint Nextel Corporation on November 15, 2007 and the Reply to Opposition filed by Byron Independent School District on November 27, 2007 ARE DISMISSED. 12. ITIS FURTHER ORDERED,pursuant to Sections 4(i) and 309 of the Communications Act of 1934, 47 U.S.C. �� 154(i), and Section 1.934(f) of the Commission's Rules, 47 C.F.R. � 1.934(f), that the application attached to the Petition for Reconsideration IS DISMISSED WITH PREJUDICE. 13. 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 Blaise A. Scinto Chief, Broadband Division Wireless Telecommunications Bureau 8067
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  • School District on November 16, 2007, by Chippewa Valley Technical College on November 16, 2007, by Roby Consolidated Independent School District on November 14, 2007, and by Palmer School District #49 on November 14, 2007 ARE DENIED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 309, and Section 1.934(f) of the Commission's Rules, 47 C.F.R. � 1.934(f), that the applications attached to the petitions for reconsideration ARE DISMISSED WITH PREJUDICE. These actions are 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 Blaise A. Scinto Chief, Broadband Division Wireless Telecommunications Bureau Petition for Reconsideration and Reinstatement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1333A1_Rcd.pdf
  • Independent School District on November 16, 2007, by Chippewa Valley Technical College on November 16, 2007, by Roby Consolidated Independent School District on November 14, 2007, and by Palmer School District #49 on November 14, 2007 ARE DENIED. 12.ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, 47 U.S.C. �� 154(i), 309, and Section 1.934(f) of the Commission's Rules, 47 C.F.R. � 1.934(f), that the applications attached to the petitions for reconsideration ARE DISMISSED WITH PREJUDICE. 13.These actions are 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 Blaise A. Scinto Chief, Broadband Division Wireless Telecommunications Bureau 8073
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1337A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1337A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1337A1.txt
  • 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 1.949(a) of the Commission's Rules, 47 C.F.R. �� 1.925, 1.949(a), that the request for waiver filed by Sweet Briar Institute on February 23, 2007 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.934(d)(2) of the Commission's Rules, 47 C.F.R. � 1.934(d)(2), that the licensing staff of the Broadband Division SHALL PROCESS the application for renewal of license of EBS Station WNC586 filed by Sweet Briar Institute on February 23, 2007 in accordance with this Memorandum Opinion and Order and the Commission's Rules and policies. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1337A1_Rcd.pdf
  • amended, 47 U.S.C. �� 154(i), 309, and Sections 1.925 and 1.949(a) of the Commission's Rules, 47 C.F.R. �� 1.925, 1.949(a), that the request for waiver filed by SweetBriar Institute on February 23, 2007 IS GRANTED. 26. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.934(d)(2) of the Commission's Rules, 47 C.F.R. � 1.934(d)(2),that the licensing staff of the Broadband Division SHALL PROCESS the application for renewal of license of EBS Station WNC586 filed by Sweet Briar Institute on February 23, 2007 in accordance with this Memorandum Opinion and Order and the Commission's Rules and policies. 27. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309
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  • 1.925, 1.946(e), 21.43(a), that the requests for waiver of Section 1.946(e) and/or Section 73.3534 of the Commission's Rules contained in File Nos. 0003190490 and 0003190539 ARE GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.949 of the Commission's Rules, 47 C.F.R. � 1.934(d)(2), that the licensing staff of the Broadband Division SHALL PROCESS File Nos. 0003171076, 0003171370, 0003190490, and 0003190539 in accordance with this Memorandum Opinion and Order and the Commission's rules and policies. These actions are 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 Blaise A. Scinto Chief,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1338A1_Rcd.pdf
  • 1.925, 1.946(e), 21.43(a), that the requests for waiver of Section 1.946(e) and/or Section 73.3534 of the Commission's Rules contained in File Nos. 0003190490 and 0003190539 ARE GRANTED. 19. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.949 of the Commission's Rules, 47 C.F.R. � 1.934(d)(2), that the licensing staff of the Broadband Division SHALL PROCESS File Nos. 0003171076, 0003171370, 0003190490, and 0003190539 in accordance with this Memorandum Opinion and Order and the Commission's rules and policies. 20. These actions are 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 Blaise A. Scinto
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  • 1.106 of the Commission's Rules, 47 C.F.R. �� 0.331, 1.106, that the licenses for Educational Broadband Service Stations WLX683, WLX730, WLX698, and WNC417 ARE REINSTATED, subject to compliance with the requirement in Paragraph 18, infra. 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 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, that the manually filed applications submitted by Brantley County Board of Education, Earle School District, Evans County School System, and Troup County Schools ARE DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1339A1_Rcd.pdf
  • and 1.106 of the Commission's Rules, 47 C.F.R. �� 0.331, 1.106, that the licenses for Educational Broadband Service Stations WLX683, WLX730, WLX698, and WNC417 ARE REINSTATED, subject to compliance with the requirement in Paragraph 18, infra. 17. ITIS 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 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, that the manually filed applications submitted by Brantley County Board of Education, Earle School District, Evans County School System, and Troup County Schools ARE DISMISSED WITHOUT PREJUDICE. 18. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections
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  • �� 1.925, 1.949(a), that the request for waiver filed by Utopia Independent School District on March 29, 2007 in connection with application File No. 0002972895 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.949 of the Commission's Rules, 47 C.F.R. � 1.934(d)(2), that the licensing staff of the Broadband Division SHALL PROCESS the application for renewal of license filed by Utopia Independent School District on March 29, 2007 (File No. 0002972895) in accordance with this Memorandum Opinion and Order and the Commission's rules and policies. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1341A1_Rcd.pdf
  • C.F.R. �� 1.925, 1.949(a), that the request for waiver filed by Utopia Independent School District on March 29, 2007 in connection with application File No. 0002972895IS GRANTED. 21. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.949 of the Commission's Rules, 47 C.F.R. � 1.934(d)(2), that the licensing staff of the Broadband Division SHALL PROCESS the application for renewal of license filed by Utopia Independent School District on March 29, 2007 (File No. 0002972895) in accordance with this Memorandum Opinion and Order and the Commission's rules and policies. 22. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1379A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1379A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1379A1.txt
  • approved'' Northrop Grumman's use of the frequencies. In the alternative, Northrop Grumman requests that an application for special temporary authority (STA) to operate on the alternative frequencies be granted. On January 29, 2009, Northrop Grumman applied for an STA to authorize operation on the approved frequencies. The STA was granted under Call Sign WQGY236 on February 11, 2009. Discussion. Section 1.934(c) of the Commission's Rules provides that ``[t]he Commission may dismiss applications for failure of the applicant to prosecute or for failure of the applicant to respond substantially within a specified time period to official correspondence or requests for additional information.'' We conclude that the Division acted correctly. That Northrop Grumman intended to amend the application to change the frequencies is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1379A1_Rcd.pdf
  • approved" Northrop Grumman's use of the frequencies.8In the alternative, Northrop Grumman requests that an application for special temporary authority (STA) to operate on the alternative frequencies be granted.9 4. On January 29, 2009, Northrop Grumman applied for an STA to authorize operation on the approved frequencies.10The STA was granted under Call Sign WQGY236 on February 11, 2009. 5. Discussion. Section 1.934(c) of the Commission's Rules provides that "[t]he Commission may dismiss applications for failure of the applicant to prosecute or for failure of the applicant to respond substantially within a specified time period to official correspondence or requests for additional information."11We conclude that the Division acted correctly. That Northrop Grumman intended to amend the application to change the frequencies is not
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  • � 1.106, the Joint Petition For Reconsideration filed on June 27, 2008 by Comm Enterprises, LLC, James A. Kay, Jr., MS Airwaves, Inc., and Marc D. Sobel IS GRANTED to the extent indicated above. IT IS FURTHER ORDERED that, pursuant and Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a), and Sections 1.934 and 1.945 of the Commission's Rules, 47 C.F.R. �� 1.934, 1.945, application FCC File No. 0003431479 SHALL BE RETURNED TO PENDING STATUS and DISMISSED IN PART AND GRANTED IN PART, consistent with this Order on Reconsideration and Commission Rules. 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,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1404A1_Rcd.pdf
  • 47 C.F.R. � 1.106, the Joint Petition For Reconsideration filed on June 27, 2008 by Comm Enterprises, LLC, James A. Kay, Jr., MS Airwaves, Inc., and Marc D. SobelIS GRANTED to the extent indicated above. 6.ITIS FURTHER ORDERED that, pursuant and Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a), and Sections 1.934 and 1.945 of the Commission's Rules, 47 C.F.R. �� 1.934, 1.945, application FCC File No. 0003431479 SHALL BE RETURNED TO PENDING STATUS and DISMISSED IN PART AND GRANTED IN PART, consistent with this Order on Reconsiderationand Commission Rules. 7.This action is takenunder delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1433A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1433A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1433A1.txt
  • the Commission's Rules, 47 C.F.R. �� 1.41, 1.925, the informal petition filed by National Science and Technology Network, Inc., to dismiss or deny application FCC File No. 0003370765 IS GRANTED to the extent indicated above. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a), and Section 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, that application FCC File No. 0003370765 SHALL BE 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 Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau See Informal Petition to Dismiss or Deny the Application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1433A1_Rcd.pdf
  • and Order, WT Docket No. 99-87, 23 FCC Rcd 8042, 8045 � 8 (2008). 8565 Federal Communications Commission DA 09-1433 or deny application FCC File No. 0003370765 IS GRANTED to the extent indicated above. 8. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a), and Section 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, that application FCC File No. 0003370765 SHALL BE DISMISSED. 9. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 8566
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  • amended, 47 U.S.C. �� 154(i), 309, and Sections 1.946 and 101.63 of the Commission's Rules, 47 C.F.R. �� 1.946, 101.63, the request for waiver filed by City of Bentonville on March 5, 2007 IS DENIED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.934, 1.946 and 101.63 of the Commission's Rules, 47 C.F.R. �� 1.946, 101.63, that the licensing staff of the Broadband Division of the Wireless Telecommunications Bureau SHALL DISMISS the notification of construction filed by City of Bentonville on March 5, 2007 (File No. 0002934547). IT IS FURTHER ORDERED that the licensing staff of the Broadband Division of the Wireless Telecommunications Bureau
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1985A1_Rcd.pdf
  • as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.946 and 101.63 of the Commission's Rules, 47 C.F.R. �� 1.946, 101.63, the request for waiver filed by City of Bentonville on March 5, 2007 IS DENIED. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.934, 1.946 and 101.63 of the Commission's Rules, 47 C.F.R. �� 1.946, 101.63, that the licensing staff of the Broadband Division of the Wireless Telecommunications Bureau SHALL DISMISS the notification of construction filed by City of Bentonville on March 5, 2007 (File No. 0002934547). 647 C.F.R. � 1.925(b)(3). 7WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969) (WAIT). 8Nathan
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  • LSU claims that it has worked with outside parties to educate itself and has prepared a response providing the information requested by the Bureau. On December 17, 2008, LSU filed Form 602. LSU also filed the Extension Application with a waiver request. LSU claims that its filings and ``increased regulatory awareness'' are changed circumstances that justify reconsideration. Discussion Under Section 1.934(c) of the Commission's Rules, an application may be dismissed for failure to prosecute ``for failure of the applicant to respond substantially within a specified time period to official correspondence or requests for additional information.'' The Bureau's practice is to send a Notice of Return to applicants when additional information is necessary for the Bureau to process the application. The Notice
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2010A1_Rcd.pdf
  • valid.16 5.LSU claims that it has worked with outside parties to educate itself and has prepared a response providing the information requested by the Bureau.17On December 17, 2008, LSU filed Form 602.18LSU also filed the Extension Application with a waiver request.19LSU claims that its filings and "increased regulatory awareness" are changed circumstances that justify reconsideration.20 III. DISCUSSION 6. Under Section 1.934(c) of the Commission's Rules,an application may be dismissed for failure to prosecute "for failure of the applicant to respond substantially within a specified time period to 9Renewal Application. 10Notice of Return to LSU Alumni Association, Ref. No. 4776876 (dated Aug. 27, 2008) (Notice of Return) at 1. 11Id.at 2. 12Petition at 1. 13Notice of Dismissal, Ref. No. 4804658 (dated Nov.
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  • in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d), (f); see also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on November 23, 2009, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2378A6_Rcd.pdf
  • to ensure that, in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See47 C.F.R. � 1.65.Incomplete or defective applications may be returned to the applicant. See47 C.F.R. � 1.934(a), (d), (f); see also47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on November 23, 2009, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default
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  • MRA's proposed sites are no longer short-spaced to NSTN's Station WPMP751, as modified. In addition, we find unpersuasive the objections of NSTN and SDSU to MRA's proposed Avalon site. Consequently, we will grant MRA's application. Accordingly, IT IS ORDERED, pursuant to Sections 2 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 152, 154(i), and Section 1.934(d)(2) of the Commission's Rules, 47 C.F.R. � 1.934(d)(2), that application FCC File No. 0001995876 SHALL BE PROCESSED consistent with this Order. IT IS FURTHER ORDERED that the waiver request filed on December 29, 2004 by Mobile Relay Associates in conjunction with application FCC File No. 0001995876 is DISMISSED AS MOOT. IT IS FURTHER ORDERED that the petition to dismiss or
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  • to construct. However, we disagree with Liberty that its construction deadlines should be extended for six months. Instead, we will hold the extensions of time to construct in a pending status until the dispute with Sprint Nextel is resolved. At that point, we will act on the extensions of time accordingly. Furthermore, we remind Liberty of its obligations under section 1.934(c) to respond to Commission requests within a specified time period. Accordingly, pursuant to Sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 405, and Sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R. �� 0.331, 1.106, we grant the petition for reconsideration filed by Liberty Communications, Inc. on March 5, 2009. By grant of
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  • area licensing, and adopted a co-channel protection standard to protect incumbent AMTS stations against interference from geographic area licensee operations. The Commission also dismissed all AMTS applications the processing of which had been suspended. In the Third Memorandum Opinion and Order, the Commission denied Havens's petition for reconsideration of the denial of his previous petition for reconsideration, concluding that Section 1.934 of the Commission's Rules did not obligate the Bureau to dismiss applications that did not comply with the AMTS technical requirements prior to accepting them for filing. Consequently, it concluded that the Bureau did not err in accepting for filing the Mobex applications that were mutually exclusive with Havens's applications. The Commission did grant other petitions for reconsideration, however, and
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  • 1.41, 1.939, that the request to withdraw application FCC File No. 0002566618 SHALL NOT BE PROCESSED, and the application SHALL BE PROCESSED in accordance with this action and the Commission's rules and policies. IT IS FURTHER ORDERED, pursuant to Sections 4(i), 303(r), and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 309(d), and Sections 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, that application FCC File No. 0003015041 SHALL BE DISMISSED. IT IS FURTHER ORDERED, pursuant to Sections 4(i), 303(r), and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 309(d), and Sections 1.41 and 1.939 of the Commission's Rules, 47 C.F.R. �� 1.41, 1.939, that the Commission's licensing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-891A1_Rcd.pdf
  • �� 1.41, 1.939, that the request to withdraw application FCC File No. 0002566618 SHALL NOT BE PROCESSED, and the application SHALL BE PROCESSED in accordance with this action and the Commission's rules and policies. ITIS FURTHER ORDERED, pursuant to Sections 4(i), 303(r), and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 309(d), and Sections 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, that application FCC File No. 0003015041 SHALLBE DISMISSED. assignment transaction, he does so at his own risk and without prejudice to any judicial relief that the Nevada courts may deem appropriate. See PSCID Letterat 2-3. 24For purposes of administrative efficiency, we direct the licensing staff to first process the cancellation application, and
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  • on May 13, 2006. In your request for reconsideration, you state that you contacted the Washington State Aeronautics Commission, which declined to provide written support for your unicom application because your airport is not open to the public. You also state that you attempted to amend your application electronically, but experienced technical difficulties with the Universal Licensing System. Under Section 1.934(c) of the Commission's Rules, an application may be dismissed "for failure of the applicant to respond substantially within a specified time period to official correspondence or requests for additional information." If you experienced difficulty amending the application, you could have referred to the website and toll-free telephone number listed in the notice of return for assistance. Accordingly, we conclude that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-999A1_Rcd.pdf
  • on May 13, 2006.5 In your request for reconsideration, you state that you contacted the Washington State Aeronautics Commission, which declined to provide written support for your unicom application because your airport is not open to the public. You also state that you attempted to amend your application electronically, but experienced technical difficulties with the Universal Licensing System. Under Section 1.934(c) of the Commission's Rules, an application may be dismissed "for failure of the applicant to respond substantially within a specified time period to official correspondence or 1See Notice of Dismissal, Ref. No. 4744880 (May 13, 2008) (Dismissal). 2Unicoms are stations licensed under Part 87 of the Commission's Rules to provide safety-related and other information to aircraft, primarily general aviation aircraft.
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  • in the extreme conditions of the Alaskan North Slope. The instant waiver requests of Veritas and Pro Xplor assert no equivalent claim. Therefore, we find that the waiver requests are not justified, and thus we deny both requests. 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 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, that the waiver requests filed in association with application FCC No. 0003910489 filed by CGG Veritas Services (U.S.), Inc. on July 23, 2009, and FCC No. 0003952441 filed by Pro Xplor Services, Inc. on September 1, 2009 ARE DENIED, and the applications SHALL BE DISMISSED. This action is taken under delegated authority
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1266A1_Rcd.pdf
  • in the extreme conditions of the Alaskan North Slope. The instant waiver requests of Veritas and Pro Xplor assert no equivalent claim. Therefore, we find that the waiver requests are not justified, and thus we deny both requests. 9.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 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, that the waiver requests filed in association with application FCC No. 0003910489 filed by CGG Veritas Services (U.S.), Inc. on July 23, 2009, and FCC No. 0003952441 filed by Pro Xplor Services, Inc. on September 1, 2009 ARE DENIED, and the applications SHALL BE DISMISSED. 10.This action is taken under delegated authority
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  • collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0798. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507. See 47 C.F.R. � 1.65. See 47 C.F.R. � 1.934(a), (d), (f); see also 47 C.F.R. � 1.933(b). See 47 C.F.R. �� 1.2104(g), 1.2107(c). The following three radio service codes apply to licenses available in Auction 87: ``CP'' is for Part 22 VHF/UHF Paging (excluding 931 MHz) licenses; ``CZ'' for Part 22 931 MHz Paging licenses; and ``GC'' for 929-931 MHz Band (Auctioned) licenses. Implementation of the Commercial Spectrum Enhancement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1463A7_Rcd.pdf
  • furnished in its pending application.1 Incomplete or defective applications may be returned to the applicant.2 A winning bidder must file its FCC Form 601 electronically prior to 6:00 p.m. Eastern Time (ET) on August 26, 2010. An applicant that fails to submit a long-form application by this deadline and fails to 1See 47 C.F.R. � 1.65. 2See 47 C.F.R. � 1.934(a), (d), (f); see also 47 C.F.R. � 1.933(b). 18493 establish good cause for any late-filed submissions shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules.3 Number of Forms To Be Filed. An applicant applying for multiple licenses may submit one FCC Form 601 (including all required
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  • spectrum (Auction 87).1 The long-form applications (FCC Form 601) for the lower and upper paging bands licenses listed in Attachment A have been found, upon initial review, acceptable for filing.2 The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than September 27, 2010, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than October 4, 2010, five (5) business days after the filing date for petitions to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1763A1_Rcd.pdf
  • spectrum (Auction 87).1 The long-form applications (FCC Form 601) for the lower and upper paging bands licenses listed in Attachment A have been found, upon initial review, acceptable for filing.2 The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than September 27, 2010, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than October 4, 2010, five (5) business days after the filing date for petitions to
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  • sought reconsideration of the dismissal. It argues that the application should not have been dismissed for requesting a nationwide service area, because Section 90.267 provides that Group B frequencies ``are available nationwide on a coordinated basis.'' Innovation also argues that other applications for nationwide use of low power frequencies have been granted. Discussion. Innovation's application was dismissed pursuant to Section 1.934(d) of the Commission's Rules, which permits dismissal without prejudice of an application found to be defective. Under Section 1.934(d)(2), an application is defective if it requests an authorization that would not comply with one of more of the Commission's Rules and does not contain an alternative proposal that fully complies with the Rules. We conclude that Innovation's application was defective,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2241A1_Rcd.pdf
  • 2010, Innovation sought reconsideration of the dismissal. It argues that the application should not have been dismissed for requesting a nationwide service area,6because Section 90.267 provides that Group B frequencies "are available nationwide on a coordinated basis."7Innovation also argues that other applications for nationwide use of low power frequencies have been granted.8 4.Discussion. Innovation's application was dismissed pursuant to Section 1.934(d) of the Commission's Rules, which permits dismissal without prejudice of an application found to be defective.9 Under Section 1.934(d)(2), an application is defective if it requests an authorization that would not comply with one of more of the Commission's Rules and does not contain an alternative proposal that 1SeePetition for Reconsideration filed July 30, 2010 (Petition). 2See47 C.F.R. � 90.267.
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  • FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Cc: MD chron S Stone T Fishel Petition for Reconsideration of Notice of Dismissal (filed Nov. 17, 2010) (Petition). See 47 C.F.R. � 90.313(c). See Notice of Dismissal, Ref. No. 5058259 (Nov. 17, 2010). See FCC File No. 0004459790 (filed Nov. 16, 2010). See Petition at 1. See 47 C.F.R. � 1.934(a) (application may be dismissed if the requested spectrum is not available). Federal Communications Commission Washington, D.C. 20554 November 29, 2010 � �C��a�M�*[�*K*�� G3�d"��''� ��׈�)p�^D9) (R)�����ᕟ5 ! �i� ���v���qw�� s��U�{�F{��ed� " ��!w� \0�ܥ4�_{(R)0ih���x �;i�f��椿!n�s���=p�� 5\y'" -��� ����[]�'�.C�FRI"/7*C�8@.V���+�wV�=��P�W�+ ��A ":�{3��)nu���!׊� d�"\��7G�m_�� �K����"�9� ~j� \rM3��,H��e��[tm/_-pq%���(R)x�%Q�^���k"�S�\�.Ӛ etmd��tm�V6 �T�e�4�t�'��� �U7� \� ��v?�6X*)�&E ?�n`�(c)�j� � � (c)7��hX�Ssd i�9�yB- � ҚOR9� 苀 - ����j~�K#n"��8{J�E ��~x)�9�l�� �''<��i� ��װ1��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2242A1_Rcd.pdf
  • license for Station WQLA270 was canceled on November 17, 2010. Consequently, we conclude that your application was properly dismissed.6 1 Petition for Reconsideration of Notice of Dismissal (filed Nov. 17, 2010) (Petition). 2See47 C.F.R. � 90.313(c). 3SeeNotice of Dismissal, Ref. No. 5058259 (Nov. 17, 2010). 4See FCC File No. 0004459790 (filed Nov. 16, 2010). 5SeePetition at 1. 6See47 C.F.R. � 1.934(a) (application may be dismissed if the requested spectrum is not available). 16265 DA 10-2242 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 1.106 of the Commission's Rules, 47 C.F.R � 1.106, the petition for reconsideration filed by Mark A. Lidikay on November 17, 2010 IS
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  • 2496-2502, 2602-2615, and 2616-2673.5 MHz bands (``BRS''). The long-form applications (FCC Form 601) for the BRS licenses listed in Attachment A have been found, upon initial review, acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than March 8, 2010, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than March 15, 2010, five (5) days after the filing date for petitions to deny.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-348A1_Rcd.pdf
  • licenses in the 2496-2502, 2602-2615, and 2616-2673.5 MHzbands ("BRS").1 The long-form applications (FCC Form 601) for the BRS licenses listed in Attachment A have been found, upon initial review, acceptable for filing.2The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than March 8, 2010, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must befiled no later than March 15, 2010, five (5) days after the filing date for petitions to deny. See47
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  • The long-form application (FCC Form 601) of Star Wireless LLC for the Lower 700 MHz Band licenses listed in Attachment A has been found, upon initial review, acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the application listed in Attachment A must be filed no later than April 19, 2010, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than April 26, 2010, five (5) business days after the filing date for petitions to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-617A1_Rcd.pdf
  • No. 44) The long-form application (FCC Form 601) of Star Wireless LLC for the Lower 700 MHz Band licenses listed in Attachment A has been found, upon initial review, acceptable for filing.1The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See47 C.F.R. � 1.934(a), (d). Petitions to deny the application listed in Attachment A must be filed no later thanApril 19, 2010, ten (10) days after the date of this Public Notice. See47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later thanApril 26, 2010, five (5) business days after the filing date for petitions to deny. See47 C.F.R.
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  • collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0798. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507. See 47 C.F.R. � 1.65. See 47 C.F.R. � 1.934(a), (d), (f); see also 47 C.F.R. � 1.933(b). See 47 C.F.R. �� 1.2104(g), 1.2107(c). Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211, Report and Order, 21 FCC Rcd 891, 911-12 �� 51-52 (2006) (``CSEA Report and Order''). 47 C.F.R. � 1.2107(g). See 47 C.F.R. � 1.2107(g)(1)(i). See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A6_Rcd.pdf
  • Commission's rules to ensure that, in addition to the materials described below, all the information that is required under the rules is included with its long-formapplication. Each applicant is also responsible for the continuing accuracy and completeness of information furnished in its pending application.1Incomplete or defective applications may be returned to the applicant.2 1See47 C.F.R. � 1.65. 2See47 C.F.R. � 1.934(a), (d), (f); see also47 C.F.R. � 1.933(b). 10507 E- A winning bidder must file its FCC Form 601 electronically prior to 6:00 p.m. Eastern Time (ET) on August 11, 2011. Anapplicant that fails to submit a long-form application by this deadline and fails to establish good cause for any late-filed submissions shall be deemed to have defaulted and will be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1496A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1496A1.txt
  • a total of 16 licenses.1 The long-form applications (FCC Form 601) for the 700 MHz band licenses listed in Attachment A have been found, upon initial review, acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than September 12, 2011, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than September 19, 2011, five (5) business days after the filing date for petitions to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1496A1_Rcd.pdf
  • a total of 16 licenses.1 The long-form applications (FCC Form 601) for the 700 MHz band licenses listed in Attachment A have been found, upon initial review, acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than September 12, 2011, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than September 19, 2011, five (5) business days after the filing date for petitions to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1665A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1665A1.txt
  • a total of 16 licenses.1 The long-form application (FCC Form 601) for the 700 MHz band licenses listed in Attachment A has been found, upon initial review, acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the application listed in Attachment A must be filed no later than October 14, 2011, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than October 25, 2011, five (5) business days after the filing date for petitions to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1665A1_Rcd.pdf
  • a total of 16 licenses.1 The long-form application (FCC Form 601) for the 700 MHz band licenses listed in Attachment A has been found, upon initial review, acceptable for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. � 1.934(a), (d). Petitions to deny the application listed in Attachment A must be filed no later than October 14, 2011, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than October 25, 2011, five (5) business days after the filing date for petitions to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-346A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-346A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-346A1.txt
  • WQKK919 are effective thirty days after release of this Order of Modification and Order; the modification to the license for Station WQIP838 is effective ninety days after release of this Order of Modification and Order. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 303(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(i), and Section 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, that the informal objection filed by Mobile Relay Associates on August 26, 2010 with respect to application FCC File No. 0003967839 IS DENIED, and the application SHALL BE PROCESSED in accordance with this Order of Modification and Order and the Commission's Rules. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 303(i)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-346A1_Rcd.pdf
  • and WQKK919 are effective thirty days after release of this Order of Modification and Order; the modification to the license for Station WQIP838 is effective ninety days after release of this Order of Modification and Order. 18.ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 303(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(i), and Section 1.934 of the Commission's Rules, 47 C.F.R. � 1.934, that the informal objection filed by Mobile Relay Associates on August 26, 2010 with respect to application FCC File No. 0003967839 IS DENIED, and the application SHALL BE PROCESSED in accordance with this Order of Modification and Orderand the Commission's Rules. 19.ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 303(i) of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-451A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-451A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-451A1.txt
  • changes in control of its parent company, eLandia International, Inc. The company also filed a request for waiver of Section 1.2105(b)(2) of the Commission's rules to permit an amendment to the Application to reflect the change in ownership. On February 28, 2011, AST filed an amendment to the Application seeking to withdraw the Application and the pending waiver request. Section 1.934 of the Commission's rules provides that an applicant may request withdrawal or dismissal of its application with or without prejudice. However, Section 1.934(a)(2) states that if a winning bidder for a license in a competitive bidding process requests dismissal of its short- or long-form application, the Commission will dismiss that application with prejudice and the applicant will also be subject
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-451A1_Rcd.pdf
  • belatedly reflected changes in control of its parent company, eLandia International, Inc. The companyalso filed a request for waiver of Section 1.2105(b)(2) of the Commission's rules to permit an amendment to the Application to reflect the change in ownership.7On February 28, 2011, AST filed an amendment to the Application seeking to withdraw the Application and the pending waiver request. Section 1.934 of the Commission's rules provides that an applicantmayrequest withdrawal or dismissal of its application with or without prejudice.8However, Section 1.934(a)(2) states that if a winning bidder for a license in a competitive bidding process requests dismissal of its short-or long-form application, the Commission will dismiss that application with prejudice and the applicant will also be subject to default payments under
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-558A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-558A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-558A1.txt
  • 1.929 Classification of filings as major or minor. ***** (a)***** 4) Application or amendment requesting authorization for a facility that may have a significant environmental effect as defined in � 1.1307 of this chapter, unless the facility has been determined not to have a significant environmental effect through the process set forth in � 17.4(c) of this chapter. ***** Section 1.934 is amended by adding a new paragraph (g) to read as follows: � 1.934 Defective applications and dismissal. ***** (g) Dismissal for failure to pursue environmental review. The Commission may dismiss license applications (FCC Form 601) associated with proposed antenna structure(s) subject to � 17.4(c) of this chapter, if pending more than 60 days and awaiting submission of an Environmental
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-558A1_Rcd.pdf
  • follows: � 1.929 Classification offilings as major or minor. *****(a)***** 4) Application or amendment requesting authorization for a facility that may have a significant environmental effect as defined in � 1.1307 of this chapter, unless the facility has been determined not to have a significant environmental effect through the process set forth in � 17.4(c) of this chapter. ***** 5.Section 1.934 is amended by adding a new paragraph (g) to read as follows: � 1.934 Defective applications and dismissal. ***** (g) Dismissal for failure to pursue environmental review. The Commission may dismiss license applications (FCC Form 601) associated with proposed antenna structure(s) subject to � 17.4(c) of this chapter, if pending more than 60 days and awaiting submission of an Environmental
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-155A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-155A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-155A1.txt
  • First Student to FirstGroup. The Division noted that ``this appears to be a change in ownership'' and requested that FirstGroup explain the discrepancy. The Division warned that failure to respond within 60 days (i.e. by July 2, 2011) would result in dismissal of the renewal application. FirstGroup did not respond and the Division dismissed the renewal application, pursuant to Section 1.934 of the Commission's rules, for failing to timely respond to the Notice of Return letter. In its Petition, First Student submits that it ``has no record of receiving a Notice of Return letter.'' First Student acknowledges that the renewal application ``was placed in return status because of an appearance of a change in ownership due to a change in name
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-254A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-254A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-254A1.txt
  • rules, 47 C.F.R. �� 0.131, 0.331, 1.925, the requests for waiver filed by Third District Enterprises, LLC in association with File Nos. 0004819360 and 0004819368 on July 28, 2011, ARE DENIED. 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 Sections 0.131, 0.331, and 1.934, of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.934, the applications for new licenses, File Nos. 0004819360 and 0004819368, filed by Third District Enterprises, LLC on July 28, 2011, ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Cyndi Thomas Assistant Chief, Mobility Division Wireless Telecommunications Bureau FCC File Nos. 0004819360 and 0004819368, filed by Third District Enterprises, LLC, Att. ``Request for Rule
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-254A1_Rcd.pdf
  • and that because "[t]here is a freeze on the filing of 800MHz applications in NPSPAC region 5, by Public Notice DA 10-1888, the applicant must request a waiver of the freeze"); and FCC File No.0005041986, filed by Knox LaRue, Jr. (Kern County) (Jan.23, 2012) (dismissed as defective by letter dated January27, 2012, explaining that the application is "[d]ismissed pursuant to Section1.934(d) as the proposed operation is within a freeze area (citing Public Notice DA 11-2087)). 52FCC File No.0004126322, filed by Exxon Communications Company, Att. "Request for Waiver" (Feb.16, 2010) (Exxon Waiver Request). 53Exxon Waiver Request at 5, n.4. The license for Station KNEC210, authorized to operate on frequency pair 811/856.8625MHz, was cancelled on January14, 2009, FCC File No.0003700457, filed by Federal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-531A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-531A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-531A1.txt
  • of the Communications Act, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.955(a)(2) of the Commission's Rules, 47 C.F.R. � 1.955(a)(2), that the license for Station WHT593 IS DECLARED TERMINATED as of May 1, 2011. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 303(r) of the Communications Act, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.934(d)(2) of the Commission's Rules, 47 C.F.R. � 1.934(d)(2), that the licensing staff of the Broadband Division SHALL DISMISS the applications for renewal of license (File No. 0004708992) and for involuntary transfer of control (File No. 0004708488) of Station WHT593. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-531A1_Rcd.pdf
  • 303(r) of the Communications Act, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.955(a)(2) of the Commission's Rules, 47C.F.R. � 1.955(a)(2), that the license for Station WHT593 IS DECLARED TERMINATED as of May 1, 2011. 17. ITIS FURTHER ORDERED that, pursuant to Sections 4(i) and 303(r) of the Communications Act, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.934(d)(2) of the Commission's Rules, 47C.F.R. � 1.934(d)(2), that the licensing staff of the Broadband Division SHALL DISMISS the applications for renewal of license (File No. 0004708992) and for involuntary transfer of control (File No. 0004708488) of Station WHT593. 18. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131,
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  • and 1.925 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.925, that the waiver requests filed by DeltaCom, Inc. for Stations WPOI503, WPOI504, and WPOI505 on June 4, 2009, ARE DENIED. 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 Sections 0.131, 0.331, 1.934, 1.949, and 1.955 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.934, 1.949, 1.955, the renewal applications, File Nos. 0003859347, 0003859348, 0003859349, filed by DeltaCom, Inc. for Stations WPOI503, WPOI504, and WPOI505 on June 4, 2009, ARE DISMISSED as defective. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 303(r), and 309(f) of the Communications Act, as amended, 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-580A1_Rcd.pdf
  • as amended, 47U.S.C. ��154(i), 303(r), and Sections0.131, 0.331, and1.925 of the Commission's rules, 47C.F.R. ��0.131, 0.331, 1.925, that the waiver requests filed by DeltaCom, Inc. for Stations WPOI503, WPOI504, and WPOI505 on June4, 2009, ARE DENIED. 23. ITIS FURTHER ORDERED that, pursuant to Sections4(i) and 303(r) of the Communications Act of 1934, as amended, 47U.S.C. ��154(i), 303(r), and Sections0.131, 0.331, 1.934, 1.949, and 1.955 of the Commission's rules, 47C.F.R. ��0.131, 0.331, 1.934, 1.949, 1.955, the renewal applications, File Nos.0003859347, 0003859348, 0003859349, filed by DeltaCom, Inc. for Stations WPOI503, WPOI504, and WPOI505 on June4, 2009, ARE DISMISSED as defective. 24. ITIS FURTHER ORDERED that, pursuant to Sections4(i), 303(r), and309(f) of the Communications Act, as amended, 47U.S.C. ��4(i), 303(r), 309(f), and Sections0.131, 0.331,
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  • the Renewal Application Notice of Return concerned the same issue as the Construction Notification Notice of Return. Finally, on the same date, Somerville filed FCC Form 602. discussion In this case, Somerville failed to respond to the Renewal Application Notice of Return letter on or before April 9, 2012, 60 days after the Notice of Return was sent. Under Section 1.934(c) of the Commission's Rules, an application may be dismissed for failure to prosecute ``for failure of the applicant to respond substantially within a specified time period to official correspondence or requests for additional information.'' The Bureau sends a Notice of Return to applicants when additional information is necessary for the Bureau to process the application. The Notice of Return plainly
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-209815A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-209815A1.txt
  • designated for auction in a future notice. File Number Callsign Applicant Name 0000262666 KNKN327 N.E. Colorado Cellular, Inc. 0000309502 KNKN476 WWC Holding Co., Inc. The following Phase 1 Cellular Lottery winner for Market 187B in the Anchorage, AL MSA (See Report No. CL-95-18, released November 22, 1994) was dismissed February 1, 2001, for failure to comply with Sections 1.65(a) and 1.934(c)of the Commission's rules, 47 C.F.R. �� 1.65(a) and 1.934(c). As a result of this action, Phase 2 applications will be accepted for this market 31 days from this dismissal date. See Section 22.949(b)(1) of the Commission's rules, 47 C.F.R. � 22.949(b)(1). File Number Callsign Applicant 10132CLP193 KNKR241 Bluff Cellular Partnership
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  • rule because the specific frequencies available in that band are not listed in the Commission's Rules. In addition, we disagree with NSTN's unsupported contention that the Branch should not have dismissed the ``entire application'' because not all of the requested frequency pairs proposed operation in excess of the maximum allowable bandwidth or that incorrect emission designators are minor matters. Section 1.934 of the Commission's Rules is clear that an application may be dismissed as defective if ``[i]t requests an authorization that would not comply with one or more of the Commission's rules and does not contain a request for waiver of these rule(s).'' As demonstrated above, NSTN's application does not comply with the limitations applicable to the 6.25 kHz channels, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-225791A1.pdf
  • on-line credit card or print FCC Form 159 directly from ULS. The applicant must remit payment as described in this guide within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1109). In order to avoid processing delays and dismissal due to insufficient fees, the Bureau recommends that applicants filing feeable applications via ULS observe the following: (1) Use the ULS-generated FCC Form 159; (2) Pay the amount specified by ULS; (3) Submit fee payment in a timely manner; (4) Submit only one instrument of payment (e.g., a check) for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-229716A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-229716A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-229716A2.txt
  • complied with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249892A5.pdf
  • on-line credit card or print FCC Form 159 directly from ULS. The applicant must remit payment as described in this guide within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1109). In order to avoid processing delays and dismissal due to insufficient fees, the Bureau recommends that applicants filing feeable applications via ULS observe the following: (1) Use the ULS-generated FCC Form 159; (2) Pay the amount specified by ULS; (3) Submit fee payment in a timely manner; (4) Submit only one instrument of payment (e.g., a check) for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260618A1.pdf
  • on-line credit card or print FCC Form 159 directly from ULS. The applicant must remit payment as described in this guide within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1109). In order to avoid processing delays and dismissal due to insufficient fees, the Bureau recommends that applicants filing feeable applications via ULS observe the following: Use the ULS-generated FCC Form 159; Pay the amount specified by ULS; Submit fee payment in a timely manner; Submit only one instrument of payment (e.g., a check) for each FCC Form 159;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267207A1.pdf
  • Form 159 applications simultaneously. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. The applicant must remit payment within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1109). If you cannot file electronically you may elect to file manually provided the radio service is eligible for manual filing. Mail In Payment - Applicants can file online and not make a payment immediately and print the FCC Form 159 provided at the end of the submission. The FCC Form 159 along with form of payment should then
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267816A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267816A1.txt
  • Form 159 applications simultaneously. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. The applicant must remit payment within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1109). If you cannot file electronically you may elect to file manually provided the radio service is eligible for manual filing. Mail In Payment - Applicants can file online and not make a payment immediately and print the FCC 159 provided at the end of the submission. The FCC 159 along with form of payment should then be submitted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280228A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280228A1.pdf
  • FCC 159 applications simultaneously. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. The applicant must remit payment within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1109). If you cannot file electronically you may elect to file manually provided the radio service is eligible for manual filing. Mail In Payment - Applicants can file online and not make a payment immediately and print the FCC 159 provided at the end of the submission. The FCC 159 along with form of payment should then be submitted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283153A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283153A1.pdf
  • Environmental Assessment. 4. KNUQ(FM) Renewal Application. In its most recent application for renewal of the KNUQ(FM) license, Visionary included an Engineering Statement concerning the RFR levels at and around the KNUQ(FM) transmitter site. In the Engineering Statement, Visionary acknowledged that at 100kW ERP, the KNUQ(FM) antenna will produce a calculated maximum field intensity level of 1934.47 microwatts per square centimeter [(1.934 mW/cm2)] at a distance of 5 meters [16.4 feet] from the base of the tower . . . , 969.85 microwatts per squared centimeter [(0.969 mW/cm2)] at 8.3 meters [27.22 feet] from the base of the tower . . . [and] 187.79 microwatts per squared centimeter [(0.187 mW/cm2)] at 10.1 meters [33.12 feet] from the base of the tower.'' Visionary
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285461A1.pdf
  • FCC 159 applications simultaneously. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. The applicant must remit payment within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1109). If you cannot file electronically you may elect to file manually provided the radio service is eligible for manual filing. Mail In Payment - Applicants can file online and not make a payment immediately and print the FCC 159 provided at the end of the submission. The FCC 159 along with form of payment should then be submitted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285507A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285507A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285507A1.txt
  • for the Commission to verify that the payment was made. Manual payments must be received no later than ten (10) days after receipt of the application on ULS or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see �� 1.934 and 1.1111.) (d) Fees for applications and other filings pertaining to the Multichannel Video and Cable Television Service (MVCTS) and the Cable Television Relay Service (CARS) that are submitted electronically via the Cable Operations and Licensing System (COALS) may be paid electronically or sent to the Commission's lock box bank manually. When paying manually, applicants must include the FCC Form
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290290A7.pdf
  • FCC 159 applications simultaneously. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. The applicant must remit payment within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1111). If you cannot file electronically you may elect to file manually provided the radio service is eligible for manual filing. Mail In Payment - Applicants can file online and not make a payment immediately and print the FCC 159 provided at the end of the submission. The FCC 159 along with form of payment should then be submitted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292948A1.pdf
  • FCC 159 applications simultaneously. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. The applicant must remit payment within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1111). If you cannot file electronically you may elect to file manually provided the radio service is eligible for manual filing. Mail In Payment - Applicants can file online and not make a payment immediately and print the FCC 159 provided at the end of the submission. The FCC 159 along with form of payment should then be submitted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295651A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295651A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295651A1.txt
  • filed the instant request in ULS on January 8, 2010. Motion at 1. Motion at 1. AST Telecom notes that it ``will file the corresponding change of address to ensure that future facsimiles be directed to 787-620-6777.'' Id. Motion at 2. 47 C.F.R. � 1.46. 47 C.F.R. � 1.46(a). See Division Letter at 5-6 (citing 47 C.F.R. �� 1.65(a); 1.17; 1.934(c)). We also note that the Commission recently emphasized the importance of an applicant promptly furnishing additional or corrected information in amending 47 C.F.R. � 1.65(a) to require that such modifications shall be made within five business days. See Procedural Amendments to Commission Part 1 Competitive Bidding Rules, Memorandum Opinion and Order, WT Docket 10-14 (rel. Jan. 7, 2010). See Motion
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-300650A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-300650A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-300650A1.txt
  • FCC 159 applications simultaneously. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. The applicant must remit payment within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1111). If you cannot file electronically you may elect to file manually provided the radio service is eligible for manual filing. Mail In Payment - Applicants can file online and not make a payment immediately and print the FCC 159 provided at the end of the submission. The FCC 159 along with form of payment should then be submitted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-301011A1.pdf
  • FCC 159 applications simultaneously. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. The applicant must remit payment within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1111). Ifyou cannot file electronically you may elect to file manually provided the radio service is eligible for manual filing. Mail In Payment-Applicants can file online and not make a payment immediately and print the FCC 159 provided at the end of the submission. The FCC 159 along with form of payment should then be submitted to Federal Communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307141A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307141A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307141A1.txt
  • FCC 159 applications simultaneously. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. The applicant must remit payment within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1111). If you cannot file electronically you may elect to file manually provided the radio service is eligible for manual filing. Mail In Payment - Applicants can file online and not make a payment immediately and print the FCC 159 provided at the end of the submission. The FCC 159 along with form of payment should then be submitted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309272A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309272A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309272A1.txt
  • FCC 159 applications simultaneously. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. The applicant must remit payment within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1111). If you cannot file electronically you may elect to file manually provided the radio service is eligible for manual filing. Mail In Payment - Applicants can file online and not make a payment immediately and print the FCC 159 provided at the end of the submission. The FCC 159 along with form of payment should then be submitted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-142A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-142A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-142A1.txt
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). We note that Astrolink's Application No. 9506296 was dismissed on the basis of mutual exclusivity on January 12, 2000, by the Licensing and Technical Analysis Branch. See Letter to Astrolink Communications, Inc. from Mary Shultz, Federal Communications Commission, (Jan. 12, 2000). (continued....) Federal Communications Commission FCC 00-142 Federal Communications Commission FCC 00-142 z - � �
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC 00-143 Federal Communications Commission FCC 00-143 { | � � � z { 5 6 7 8 9 Y o { � @& �0� �0� �0� �0� �0� �0� ��� _ _ _ _ # Z ` # Z ` _
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-144A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-144A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-144A1.txt
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC-00-144 Federal Communications Commission FCC 00-144 , Z [ \ ` � � Z @& �0� �0� �0� �0� �0� �0� ���
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC 00-145 Federal Communications Commission FCC 00-145 o p q t � o @& �0� �0� �0� �0� �0� �0� ���
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Plaincom, Inc., Order, 14 FCC Rcd 3349 (WTB PSPWD 1999). Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945). Application for Review at 23. WinStar Opposition at 20, citing Reuters Limited v. FCC, 781 F.2d 946, 951 (D.C. Cir. 1986). 47 C.F.R. � 21.31(b)(2)(i) (1994). See McElroy Electronics Corp. v. FCC, 86 F.3d 248, 253 (D.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-147A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-147A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-147A1.txt
  • Proposed Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31(b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC 00-147 Federal Communications Commission FCC 00-147 P U � � � � � � � @& �0� �0� �0� �0� �0� �0� ���
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  • 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997) (R&O and Second NPRM); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). See Bachow Supplement to Application for Review at 3-5. (continued....) Federal Communications Commission FCC 00-148 Federal Communications Commission FCC 00-148 9 '' � @& �0� �0� �0� �0� �0� �0� ��� # + G O � � � � �#E�q�[f�'E�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-150A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-150A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-150A1.txt
  • Proposed Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31(b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC 00-150 Federal Communications Commission FCC 00-150 } ~  � � � | } 7 8 9 : ; [ q } @& �0� �0� �0� �0� �0� �0� ��� ... ... ... ... 2 < ? I � � 2 < ? I � � ...
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC 00-151 Federal Communications Commission FCC 00-151 _ d � � � @& �0� �0� �0� �0� �0� �0� ���
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  • No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999) (July 29 MO&O). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File No. 9506008. See Altron Application for Review at 1. See February Order, � 5. See id., � 9. See Altron Application for Review at 4-5. (citing Establishment of a Fee Collection Program to Implement the Provisions of the Omnibus Budget Reconciliation Act of 1989, Memorandum Opinion and Order, 6 FCC Rcd 5919, 5922-23 (1991)
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC-00-156 Federal Communications Commission FCC 00-156 @& �0� �0� �0� �0� �0� �0� ��� �
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC 00-157 Federal Communications Commission FCC 00-157 M N O S � � � M M �� �� @& �0� �0� �0� �0� �0� �0� ���
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). File Nos. 9507730, 9507733, 9507737, 9507751, 9507759, 9507766, 9507767, 9507770, 9507772, 9507776, 9507778, 9507779, 9507782, 9507789, 9507790, 9507792, 9507802, 9507804. File Nos. 9510581, 9510582, 9510583, 9510584, 9510585, 9510588, 9601235, 9601242, 9601243, 9601244, 9601246, 9601247, 9601248, 9601249. (continued....) Federal Communications Commission FCC 00-158 Federal Communications Commission FCC 00-158 ! / V W " � � � !
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  • the United States, and Plaincom, Inc., for License to Operate a Point-to-Point Microwave Facility in the 39 GHz Frequency Band in St. Louis, Missouri, Order, 14 FCC Rcd 17821 (WTB PSPWD 1999) (Order). Application for Review at 4. Id. See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File No. 9510171. FCC File Nos. 9600669, 9600676, 9600679, 9600680, 9600684, 9600686, 9600687, 9600688, 9600689, 9600692, 9600697, 9600699, 9600702, 9600704, 9600707, 9600709. Public Notice, Private Radio Bureau Part 21 Receipts and Disposals, Report No. 1090 (rel. Jul. 6, 1994). (continued....) Federal Communications Commission FCC 00-176 Federal Communications Commission FCC 00-176 @& �0� �0� �0� �0�
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  • Docket No. 93-252, 9 FCC Rcd 7988, 8092 � 216 (1994). Id. Id. at 8092 � 217. See 47 C.F.R. � 475(a). See 47 C.F.R. �� 80.215(h), 80.475(a)(2); AMTS First Report and Order, 6 FCC Rcd at 437 � 5. This, of course, is in addition to AMTS licensees' general obligation not to cause harmful interference. See 47 C.F.R. �� 1.934(e)(2), 80.92. 47 U.S.C. � 160(b). Id. See Fred Daniel d/b/a/Orion Telecom, Memorandum Opinion and Order, 14 FCC Rcd 19912, 19918-919 � 12 (1999). Part 24 of the Commission's Rules, 47 C.F.R. Part 24, which governs PCS contains no provision for station identification while Section 22.313 of the Commission's Rules, 47 C.F.R. � 22.313(a)(1), specifically exempts cellular operators from station identification.
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997), aff'd, Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Application for Review at 1, 6. See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (Consolidating Case Nos. 99-1361-1362) (D.C. Cir. 1999). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C. Cir. 1958), as revised by Washington Metropolitan Area Transit System v. Holiday Tours, Inc., 559 F.2d 841 (D.C. Cir. 1977). Application for Review
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). See AA&T Wireless Services, Order, 15 FCC Rcd 5902 (WTB PSPWD rel. Mar. 30, 2000). See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (consolidating Case Nos. 99-1361 and 99-1362). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C. Cir. 1958), as revised by the Washington Metropolitan Area Transit System v. Holiday Tours, Inc.,
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  • FCC Rcd 18600, 18639-45 �� 83-97 (1997) (Report and Order and Second NPRM); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File Nos. 9510394 and 9510406. FCC File Nos. 9510391 and 9510393. Application for Review at 1, 8. See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (Consolidating Case Nos. 99-1361-1362) (D.C. Cir. 1999). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C. Cir. 1958), as revised by Washington Metropolitan Area Transit System v.
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  • Proposed Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997), aff'd, Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31(b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Therefore, Sintra's claims (Application for Review at 5-6) that its application for authorization did not violate the 60 day cut off for filing mutually exclusive applications is inapposite. (continued....) Federal Communications Commission FCC 00-318 Federal Communications Commission FCC 00-319 I � `` � I � `` � @& �0� �0� �0� �0� �0� �0� ���
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  • 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999) (July 29 MO&O). See id. See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Letter from Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, to Linda Chester (Aug. 27, 1999). Id. Application for Review at 2, 5. See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (Consolidating Case Nos. 99-1361-1362) (D.C. Cir. 1999). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C.
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File No. 9510607. FCC File No. 9510601. Application for Review at 6. Id. FCC File No. 9409617. See Public Notice, Report No. 1118 (rel. Jan. 18, 1995). See Public Notice, Report No. 1142 (rel. Jul. 5, 1995). The authorization was ultimately assigned to ART License Corporation on May 5, 1998. See FCC File No. 9510601.
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File Nos. 96001236 and 9601372. FCC File No. 9601240. See Cambridge Partners, Inc., Order on Reconsideration, DA-804 (WTB PSPWD rel. Apr. 10, 2000). See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (consolidating Case Nos. 99-1361 and 1362). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C. Cir. 1958), as revised by the
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File No. 9507932. FCC File No. 9600033. See HiCap Networks, Inc., Order on Reconsideration, DA-794 (WTB PSPWD rel. Apr. 10, 2000). See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (consolidating Case Nos. 99-1361 and 99-1362). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C. Cir. 1958), as revised by the Washington Metropolitan
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  • No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999) (July 29 MO&O). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File Nos. 9505285, 9505295, 9505297, 9505298, 9505299, 9505304, 9506000, 9506008, 9509656, 9510294, 9600055, 9600056, 9600066, 9600067, 9600070, 9600073, and 9600076. William G. Bowles, Jr. d/b/a Mid Missouri Mobilefone, Memorandum Opinion and Order, 61 Rad. Reg. (P&F) 2d 20 (CCB 1986) (Bowles) Answer Fort Smith, Inc., Memorandum Opinion and Order, 7 FCC Rcd 2249 (MSD 1992)
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  • Rcd 17727, 17729 � 6 (WTB PSPWD 1999). See FCC File Nos. 9600663, 9600664, 9600669-9600690, 9600698, 9600710-9600714, 9600719, and 9600720. See Public Notice, Private Radio Bureau Part 21 Receipts and Disposals, Report No. 1090 (rel. July 6, 1994). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45 (b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Application for Review at 5-10. Id. at 13-14 (citing 47 U.S.C. � 309(j)(6)(E)). Id. at 13-14. Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945). Application for Review at 11-13. 47 U.S.C. � 405(a). 47 U.S.C. � 309(j)(6)(E). Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945). An application for review is routinely denied when it
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  • on September 27, 1999, the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch) dismissed Wireless Telco's initial application. The Branch found that Wireless Telco's application was untimely filed because it conflicted with the Bay Area application, which had established a cut-off period of March 31, 1992. The Branch therefore dismissed the application in accordance with Section 1.934(f) of our Rules. We now affirm this decision. In the alternative, Wireless Telco requests a stay of the March 30th Order pending the outcome of related proceedings before the United States Court of Appeals for the District of Columbia. To receive a stay of an administrative action, a party must show that: 1) it will suffer irreparable harm if the
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  • exclusivities were not resolved by December 15, 1995. Additionally, amendments resolving mutual exclusive situations were filed on or after December 15, 1995. Finally, fifteen applications failed to meet the thirty-day public notice requirement as of November 13, 1995. Therefore, we uphold the Division's decision for the reason's stated therein. There is no reason to disturb it. DCT argues that Section 1.934 of our Rules does not empower the Division to dismiss their applications. We note that the Division did not dismiss the application pursuant to Section 1.934 of our Rules. In this instance, the dismissal of DCT's applications resulted from our decision in the July 29, 1999 MO&O to dismiss pending mutually exclusive applications. DCT also argues that the Division's decision
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997), aff'd, Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Application for Review at 1, 5. See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (Consolidating Case Nos. 99-1361-1362) (D.C. Cir. 1999). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C. Cir. 1958), as revised by Washington Metropolitan Area Transit System v. Holiday Tours, Inc., 559 F.2d 841 (D.C. Cir. 1977). Application for Review
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  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File No. 9600002. FCC File No. 9600014. FCC File No. 9600013. Paul R. Likins, Order, DA 00-713, (PSPWD WTB rel. Mar. 30, 2000); Paul R. Likins, Order, DA 00-716 (PSPWD WTB rel. Mar. 30, 2000). See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (consolidating Case Nos. 99-1361 and 99-1362). See Virginia Petroleum Jobbers Association
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  • under Part 1, Subpart W. Submission of a complaint without the appropriate FCC Registration Number as required by Part 1, subpart W may result in dismissal of the complaint. The staff may, at its discretion, require the complainant to correct the omission of the FCC Registration Number within a reasonable period of time as specified by the Commission staff. Section 1.934(d) is proposed to be amended by deleting the word ``or'' at the end of subsection 1.934(d)(2), adding the word ``or'' at the end of subsection 1.934(d)(3), and adding a new subsection (4) as follows. (4) The FCC Registration Number (FRN) has not been provided. 6. A new subpart W is proposed as follows: Subpart W - FCC Registration Number �
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  • Proposed Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997), aff'd, Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31(b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Cambridge Partners, Order on Reconsideration, DA 00-1397 (PSPWD WT rel. Jun. 23, 2000). See Bachow Communications, Inc. v. FCC, Case No. 991346 (consolidating Case Nos. 99-1361 and 99-1362). See Virginia Petroleum Jobbers Association v. FPC, 259 F. 291 (D.C. Cir. 1958), as revised by Washington Metropolitan Area Transit System v. Holiday Tours, Inc., 559 F.2d 841
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  • Proposed Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-97 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31(b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Daisy chains occur when an application is mutually exclusive, i.e. would cause interference, with an application in an adjacent community, which is mutually exclusive with an application in another adjacent community, and so on. Low Power Television and Television Translator Service, Report and Order, MM Docket No. 83-1350, 57 Rad. Reg. 2d 234 (P&F 1984). FCC
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  • note that Goosetown also argues that even if we affirm the Division's decision, we should consider its waiver request on our own motion. Specifically, Goosetown maintains that it could file a new waiver request even if we uphold the dismissal of its petition. Consequently, for administrative efficiency, Goosetown requests that we consider its waiver request in this proceeding. Under Section 1.934(a) of our Rules, when an application has been dismissed with prejudice, an applicant may not file another application for the same purpose for a period of one year. In this instance, the dismissal of the application was without prejudice. Thus, Goosetown may file another application for the same purpose within a year of the dismissal of the subject application. Accordingly,
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  • to read as follows: � 1.721 Format and content of complaints. * * * * * (a) * * * A FCC Registration Number is required under Part 1, Subpart W. Submission of a complaint without the FCC Registration Number as required by Part 1, subpart W will result in dismissal of the complaint. * * * * * Section 1.934 is amended by removing the word ``or'' at the end of paragraph (d)(2), and adding the word ``or'' at the end of paragraph (d)(3), and by adding a new paragraph (d)(4) to read as follows: � 1.934 Defective applications and dismissal. * * * * * (d) * * * The FCC Registration Number (FRN) has not been provided. *
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  • firms, hotels, car rental companies, and ground transportation services, etc. Under its modified proposal, LMR anticipated that its system would be used to coordinate ``airport transportation vehicles, safety and service personnel.'' On October 13, 1999, the Division approved the withdrawal of Waiver II and dismissed all of the amended applications filed on January 14, 1993 as defective pursuant to Section 1.934(d)(2) of our Rules. The Division determined that, without waiver requests, LMR's applications for I/LT and Business channels were defective because Section 90.179 of the Commission's Rules provides that PLMR channels above 800 MHz may be shared only on a not-for-profit basis, and LMR intended to operate for-profit systems. The Division based this determination, in part, on LMR's initial waiver request
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  • 302, 303 (e), 303(f), 303(g) and 303(r), the May 9, 2001 letter filed by Michael K. Kellogg, counsel to Northpoint Technology, Ltd. to Jane Mago, General Counsel, Federal Communications Commission IS DISMISSED. IT IS FURTHER ORDERED that pursuant to Sections 4(i), 303(r) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 309(j), and Section 1.934(d) of the Commission's Rules, 47 C.F.R. � 1.934(d), the Broadwave Network, LLC Applications for Licenses to Provide a New Terrestrial Transport Service in the 12 GHz band, Various DMAs, filed on January 8, 1999, ARE DISMISSED. IT IS FURTHER ORDERED that pursuant to Sections 4(i), 303(r) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i),
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  • A completed FCC Form 159 shall be submitted to the Managing Director or his designee prior to initiating the wire transfer.'' f) At � 1.1111 Filing locations, subparagraph (c), after the last sentence, add ``Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see �� 1.934 and 1.1109.)'' g) At � 1.1113 Return or refund of charges, at subparagraph (a)(1) after the first sentence, add ``See � 1.1109.'' h) At � 1.1114 General exemptions to charges, at the first sentence, change ``1.1106'' to ``1.1107''. i) At � 1.1116 Penalty for late or insufficient payments, at subparagraph (a), in the first sentence, change ``� 1.1108(b)'' to ``�
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  • that each winning bidder in Auction No. 35 of spectrum associated with licenses that had previously been issued to NextWave or Urban Comm shall have an opportunity for a period of 45 days from the release of this Order and attached procedures to elect to obtain relief with respect to that spectrum. IT IS FURTHER ORDERED that 47 C.F.R �� 1.934, 1.2107, and 1.2109 of the Commission's rules are waived to the extent necessary to permit those bidders that elect to withdraw their pending long-form applications to do so without penalty and receive a refund of any remaining down payments made in Auction No. 35, provided such bidders comply strictly with the procedures established for implementation of this order, subject to
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  • Water's application and with adequate justification showing Cal Water's need for additional spectrum, the Division properly denied San Francisco's request for denial of Cal Water's applications. Thus, we do not find the Order to be arbitrary and capricious, as San Francisco contends. Waiver of Application Filing Deadline Finally, San Francisco asserts that its Objection essentially sought a waiver of Section 1.934(f) of our Rules. San Francisco contends that by presenting information about San Francisco and Cal Water in its Objection, it sought to ``secure comparative consideration of San Francisco's needs and uses in relation to those of Cal Water'' and, therefore, the Objection was tantamount to a request for a waiver of the Commission's rule allowing dismissal of untimely applications. We
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  • the Commission's rules, 47 C.F.R. � 1.106, the Petition for Reconsideration filed by N.E. Colorado Cellular, Inc. on May 7, 2001 in the above-captioned matter is DISMISSED as indicated to the extent above, and otherwise DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 309(d) of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309(d), and Sections 1.934(d)(2), 1.937(c), 1.939, 22.912(a) and 22.949(b) of the Commission's rules, 47 C.F.R. �� 1.934(d)(2), 1.937(c), 1.939 and 22.912(a) and 22.949(b), the above-captioned Phase II unserved area application filed by N.E. Colorado Cellular, Inc. on September 21, 2001 is DISMISSED as defective. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 309(d) of the Communications Act, as amended, 47 U.S.C. ��
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  • the Division determined that the filing of the MRA Petition on June 30, 2000 was timely. Id. Id. at 18721 � 5. The Division concluded that MRA had standing as a party to the proceeding because of its earlier filing of the Informal Objection. Id. at 18721 � 5 & n.16. Id. at 18721-22 � 7. See 47 C.F.R. � 1.934(d)(2) (specifying that the Commission may dismiss an application as defective if, inter alia, ``[i]t requests an authorization that would not comply with one or more of the Commission's rules and does not contain a request for waiver of these rule(s) ...''). See Order on Reconsideration, 16 FCC Rcd at 18722 � 8. NSTN argued that the Division's conclusion that the
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  • to first address the petition to deny because a grant of the petition could resolve the mutual exclusivity, thus enabling the surviving application(s) to be processed. In a March 11, 2002 supplement to his June 4, 2001 Request for Declaratory Ruling, Havens requested a declaratory ruling on whether the Section 309(j)(6)(E) obligation to avoid mutual exclusivity, as well as Section 1.934 of the Commission's Rules, dictate that AMTS applications show compliance with the AMTS service coverage and broadcast television interference protection requirements, before they can be accepted for filing. In the Fifth Report and Order, the Commission determined that the public interest would be served by licensing AMTS spectrum through geographic area licensing. In this connection, the Commission also reasoned that
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  • Winners and Dismisses Applications for Five C and F Block Broadband Personal Communications Services (PCS) Licenses, Public Notice, (DA 02-3585, rel. Dec. 24, 2002), Attachment B. ULS R&O, 13 FCC Rcd 21027, 21031 � 5. See paras. 208-209 supra. See 47 C.F.R. � 1.933(1). See paras. 204-205 supra. See ULS R&O, 13 FCC Rcd 21,027: See also 47 C.F.R. � 1.934. ULS R&O, 13 FCC Rcd at 21068 � 90. ULS R&O, 13 FCC Rcd at 21068 � 90. Id. See, e.g., id. See Wireless Telecommunications Bureau Clarifies Unified Policy for Dismissing and Returning Applications, Public Notice, 17 FCC Rcd 30 (WTB 2001) (Unified Dismissal and Return PN); Wireless Telecommunications Bureau Revises and Begins Phased Implementation of its Unified Policy for
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  • Winners and Dismisses Applications for Five C and F Block Broadband Personal Communications Services (PCS) Licenses, Public Notice, (DA 02-3585, rel. Dec. 24, 2002), Attachment B. ULS R&O, 13 FCC Rcd 21027, 21031 � 5. See paras. 208-209 supra. See 47 C.F.R. � 1.933(1). See paras. 204-205 supra. See ULS R&O, 13 FCC Rcd 21,027: See also 47 C.F.R. � 1.934. ULS R&O, 13 FCC Rcd at 21068 � 90. ULS R&O, 13 FCC Rcd at 21068 � 90. Id. See, e.g., id. See Wireless Telecommunications Bureau Clarifies Unified Policy for Dismissing and Returning Applications, Public Notice, 17 FCC Rcd 30 (WTB 2001) (Unified Dismissal and Return PN); Wireless Telecommunications Bureau Revises and Begins Phased Implementation of its Unified Policy for
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  • automatically ``pre-fill'' licensee information already in the system and will display only the portions of the form and schedules that require completion for the applicant's or licensee's indicated purpose. See 47 C.F.R. � 1.933(1). , supra. See NPRM, 18 FCC Rcd at 6808-9 �� 212-215. , supra. See ULS R&O, 13 FCC Rcd at 21027; See also 47 C.F.R. � 1.934. ULS R&O, 13 FCC Rcd at 21068 � 90. See, e.g., id. Id. See Wireless Telecommunications Bureau Clarifies Unified Policy for Dismissing and Returning Applications, Public Notice, 17 FCC Rcd 30 (WTB 2001) (Unified Dismissal and Return PN); Wireless Telecommunications Bureau Revises and Begins Phased Implementation of its Unified Policy for Reviewing License Applications and Pleadings, Public Notice, 14 FCC
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  • for the Commission to verify that the payment was made. Manual payments must be received no later than ten (10) days after receipt of the application on ULS or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see �� 1.934 and 1.1109.) * * * * * 7. Section 1.1113 is amended by revising paragraph (a)(6) to read as follows: � 1.1113 Return or refund of charges. * * * * * (6) When an application for new or modified facilities is not timely filed in accordance with the filing window as established by the Commission in a public notice
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.txt
  • COMMISSION Marlene H. Dortch Secretary APPENDIX A PROPOSED RULE CHANGES Chapter 1 of Title 47 of the Code of Federal Regulations is proposed to be amended as follows: PART 1 - Application Requirements and Procedures The authority citation for part 1 continues to read as follows: AUTHORITY: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, and 325(e). 1. Section 1.934 is amended by redesignating paragraph (d)(3) as (d)(4), and adding a new paragraph (d)(3) to read as follows: � 1.934 Defective applications and dismissal. * * * * * (d) * * * (3) It includes a list of amateur station vanity call signs in order of preference and requests, as the first preferred call sign, the same call sign
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-15A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-15A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-15A1.txt
  • the ULS Order on Reconsideration, because the Commission did not ``specifically demand that a late renewal application be accompanied by a waiver request.'' We disagree. The ULS Order on Reconsideration describes the level of scrutiny that we will give to late-filed renewal applications and also states that applications must comply with all Commission rules before they will be granted. Section 1.934(d)(2) of our rules authorizes the Commission to dismiss any application found to be defective. An application may be considered defective if it requests an authorization that would not comply with the Commission's rules and ``does not contain a request for waiver.'' San Francisco IVDS's late-filed renewal application violated Section 1.949(a), which requires that renewal applications be filed prior to the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-19A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-19A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-19A1.txt
  • winning bidder and granted to extent that the winning bidder was declared ineligible to receive the bidding credits claimed); Applications of Nextband Communications, L.L.C., Order on Reconsideration, 14 FCC Rcd 7647 (Pub. Saf. Div. 1999) (Commission concluding as a result of the petition to deny that a winning bidder did not violate the Commission's anti-collusion rules); see 47 C.F.R. �� 1.934, 1.945 and 1.2108. We note that submission of a false certification to the Commission may result in penalties, including monetary forfeitures, license forfeitures, ineligibility to participate in future auctions, and/or criminal prosecution. Closed Broadcast Auction, Notice and Filing Requirements for Auction of AM, FM, TV, LPTV, and FM and TV Translator Construction Permits Scheduled for September 28, 1999, Minimum Opening
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1.txt
  • be rejected. We believe that using these processing procedures will result in a more effective and equitable licensing mechanism for all applicants seeking to receive requested call signs and, additionally, will reduce the time and expense of processing vanity call sign applications and requests for refunds of fees associated with unsuccessful vanity call sign applications. Accordingly, we are amending Section 1.934 of our Rules to reflect that we will dismiss all but one application from an individual for a vanity call sign received on a particular receipt date. In addition, we are amending Section 97.19(d)(1) of our Rules to reflect that we will process only the first processable application received when we receive more than one vanity call sign application from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1_Erratum.doc
  • be rejected. We believe that using these processing procedures will result in a more effective and equitable licensing mechanism for all applicants seeking to receive requested call signs and, additionally, will reduce the time and expense of processing vanity call sign applications and requests for refunds of fees associated with unsuccessful vanity call sign applications. Accordingly, we are amending Section 1.934 of our Rules to reflect that we will dismiss all but one application from an individual for a vanity call sign received on a particular receipt date. In addition, we are amending Section 97.19(d)(1) of our Rules to reflect that we will process only the first processable application received when we receive more than one vanity call sign application from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-245A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-245A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-245A1.txt
  • percent of its requested mobile units were expected to be handheld and the remainder were expected to be mounted in vehicles. EFL did not respond at all to the Division's request for a copy of its articles of incorporation and a list of corporate officers. On July 30, 2005, the Division dismissed each of EFL's applications as defective under Section 1.934 of the Commission's rules with a ``Notice of Dismissal'' explaining: Rule 90.631 requires that trunked channels be assigned on the basis of 100 mobile units per channel. Based on our review of the information provided, you have not justified the number of channels requested. You indicate that you have no current business operation in the market nor did you provide
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-259A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-259A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-259A1.txt
  • of a formal character . . .'' While AT&T argues that the application is defective because it did not contain the type of analysis AT&T believes is appropriate, the important consideration under the rule is whether the Applicants provided the information needed for the Commission to conduct an analysis. Based on that standard, the application is not defective under Section 1.934(d)(1) of the Commission's Rules because the Applicants provided all necessary and requested information for us to conduct our analysis. We therefore decline to dismiss the Applications as defective. Request for Procedural Relief Background Sprint Nextel and Clearwire ask that the Commission grant approval of the transfer applications that may include any facilities or lease arrangements that may have been inadvertently
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.txt
  • 1.929 Classification of filings as major or minor. ***** (a)***** 4) Application or amendment requesting authorization for a facility that may have a significant environmental effect as defined in � 1.1307 of this chapter, unless the facility has been determined not to have a significant environmental effect through the process set forth in � 17.4(c) of this chapter. ***** Section 1.934 is amended by adding a new paragraph (g) to read as follows: � 1.934 Defective applications and dismissal. ***** (g) Dismissal for failure to pursue environmental review. The Commission may dismiss license applications (FCC Form 601) associated with proposed antenna structure(s) subject to � 17.4(c) of this chapter, if pending more than 60 days and awaiting submission of an Environmental
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1_Rcd.pdf
  • � 1.929 Classification of filings as major or minor. *****(a)***** 4) Application or amendment requesting authorization for a facility that may have a significant environmental effect as defined in � 1.1307 of this chapter, unless the facility has been determined not to have a significant environmental effect through the process set forth in � 17.4(c) of this chapter. ***** 5.Section 1.934 is amended by adding a new paragraph (g) to read as follows: � 1.934 Defective applications and dismissal. ***** (g) Dismissal for failure to pursue environmental review. The Commission may dismiss license applications (FCC Form 601) associated with proposed antenna structure(s) subject to � 17.4(c) of this chapter, if pending more than 60 days and awaiting submission of an EnvironmentalAssessment
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • WAN. No filing will be done over the 80 Internet. The Commission's WAN can be accessed by using software available for downloading from the Commission's web site at http://www.fcc.gov/wtb/uls. The initial set of clearances would include whether the manually filed application has been signed and whether 81 all applications included the appropriate filing fee. See proposed rule 47 C.F.R. � 1.934(d). Electronically filed applications may contain an electronic signature. See proposed rule 47 C.F.R. � 1.917(d). 21 52. There will be two means for parties to electronically file applications with the Commission: batch and interactive. Batch filers will follow a set Commission format for entering data. Batch filers will 78 79 then send via file transfer protocol (FTP) batches of data
• http://wireless.fcc.gov/auctions/23/releases/da990927.pdf
  • applications. Applicants should read the instructions on the FCC Form 601 carefully and should consult the Commission's Rules to ensure that, aside from the materials described below, all the information that is required under the Commission's Rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. �� 1.926, 1.934. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. �� 1.65,1.927. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on May 28, 1999, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
• http://wireless.fcc.gov/auctions/36/releases/d002752d.doc http://wireless.fcc.gov/auctions/36/releases/d002752d.txt
  • of timely and complete FCC Form 601 applications. Applicants should read the instructions on the FCC Form 601 carefully and consult the rules to ensure that, aside from the materials described below, all information required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 21, 2000September 20, 2000,, and fails to establish good cause for any late-filed
• http://wireless.fcc.gov/auctions/38/releases/d010478d.doc http://wireless.fcc.gov/auctions/38/releases/d010478d.txt
  • that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on March 8, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules.
• http://wireless.fcc.gov/auctions/39/releases/d011443f1.doc http://wireless.fcc.gov/auctions/39/releases/d011443f1.txt
  • that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules.
• http://wireless.fcc.gov/auctions/39/releases/d011443f2.doc http://wireless.fcc.gov/auctions/39/releases/d011443f2.txt
  • that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
• http://wireless.fcc.gov/auctions/39/releases/da011871.doc http://wireless.fcc.gov/auctions/39/releases/da011871.pdf http://wireless.fcc.gov/auctions/39/releases/da011871.txt
  • to 10 p.m. ET, and Saturday 8 a.m. to 7:00 p.m. ET, and Sunday 12:00 p.m. to 6 p.m. ET. Closed all government holidays. All calls to the FCC Technical Support Hotline are This Public Notice addresses only VPC applications. Location and Monitoring Service applications filed with respect to Auction No. 39 will be addressed separately. 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b). 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 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 News Media
• http://wireless.fcc.gov/auctions/40/releases/da012858.pdf http://wireless.fcc.gov/auctions/40/releases/da012858.txt
  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 27, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
• http://wireless.fcc.gov/auctions/40/releases/da012858E.pdf http://wireless.fcc.gov/auctions/40/releases/da012858E.txt
  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 27, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
• http://wireless.fcc.gov/auctions/41/releases/da012429.pdf http://wireless.fcc.gov/auctions/41/releases/da012429.txt
  • that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on November 1, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
• http://wireless.fcc.gov/auctions/41/releases/da012429D.pdf http://wireless.fcc.gov/auctions/41/releases/da012429D.txt
  • that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on November 1, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
• http://wireless.fcc.gov/auctions/42/releases/da012763.pdf http://wireless.fcc.gov/auctions/42/releases/da012763.txt
  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 14, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104 of the Commission's Rules.
• http://wireless.fcc.gov/auctions/42/releases/da012763d.pdf http://wireless.fcc.gov/auctions/42/releases/da012763d.txt
  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 14, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104 of the Commission's Rules.
• http://wireless.fcc.gov/auctions/43/releases/da020157.pdf http://wireless.fcc.gov/auctions/43/releases/da020157.txt
  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 5, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
• http://wireless.fcc.gov/auctions/43/releases/da020157e.pdf http://wireless.fcc.gov/auctions/43/releases/da020157e.txt
  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 5, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
• http://wireless.fcc.gov/auctions/45/releases/da021316.pdf http://wireless.fcc.gov/auctions/45/releases/da021316.txt
  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 20, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
• http://wireless.fcc.gov/auctions/45/releases/da021316c.pdf http://wireless.fcc.gov/auctions/45/releases/da021316c.txt
  • in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 20, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules.
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • 303 (e), 303(f), 303(g) and 303(r), the May 9, 2001 letter filed by Michael K. Kellogg, counsel to Northpoint Technology, Ltd. to Jane Mago, General Counsel, Federal Communications Commission IS DISMISSED. 269. IT IS FURTHER ORDERED that pursuant to Sections 4(i), 303(r) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 309(j), and Section 1.934(d) of the Commission's Rules, 47 C.F.R. � 1.934(d), the Broadwave Network, LLC Applications for Licenses to Provide a New Terrestrial Transport Service in the 12 GHz band, Various DMAs, filed on January 8, 1999, ARE DISMISSED. 270. IT IS FURTHER ORDERED that pursuant to Sections 4(i), 303(r) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. ��
• http://wireless.fcc.gov/auctions/58/resources/ErinMcGrath.pdf
  • the FCC Form 602 electronically at http://wireless.fcc.gov/licensing/ownership/or through http://wireless.fcc.gov/ulsby clicking on the ownership link. Form 601 �General Information �Filed electronically on ULS at http://wireless.fcc.gov/uls. �Applicants can apply for multiple licenses on one Form 601. �Applicants are responsible for the continuing accuracy and completeness on information. See 47 C.F.R. � 1.65 �Incomplete or defective applications may be returned. See47 C.F.R. �� 1.934, 1.933. Form 601 �Attachments �Applicants must file all applicable attachments. �Ownership �Foreign Ownership �Designated Entities �Agreements & Other Instruments �Confidentiality Requests �Waiver Requests �Tribal Lands Attachments Form 601 �Ownership �Applicants must disclose the real party- or parties-in-interest. See47 C.F.R. � 1.2112. �Ownership information can be provided by: (1)Attaching a separate exhibit, or (2)Scanning and attaching the FCC Form 602 to
• http://wireless.fcc.gov/auctions/59/resources/09_LStover.pdf
  • apply for multiple licenses on one Form 601. Form 601. Applicants are responsible for the continuing Applicants are responsible for the continuing accuracy and completeness of information. accuracy and completeness of information. See See 47 C.F.R. � 1.65 47 C.F.R. � 1.65 Incomplete or defective applications may be Incomplete or defective applications may be returned. returned. See See47 C.F.R. �� 1.934, 1.933. 47 C.F.R. �� 1.934, 1.933. 2/23/2005 2/23/2005 Form 602 Form 602 ��Ownership Form Ownership Form If an applicant already has an FCC Form If an applicant already has an FCC Form 602 on file, and it is complete and 602 on file, and it is complete and accurate, it is not necessary to file another accurate, it is not
• http://wireless.fcc.gov/auctions/61/resources/07_LStover.pdf
  • apply for multiple licenses on one Form 601. Form 601. Applicants are responsible for the continuing Applicants are responsible for the continuing accuracy and completeness of information. accuracy and completeness of information. See See 47 C.F.R. � 1.65 47 C.F.R. � 1.65 Incomplete or defective applications may be Incomplete or defective applications may be returned. returned. See See47 C.F.R. �� 1.934, 1.933. 47 C.F.R. �� 1.934, 1.933. 5/23/2005 5/23/2005 Form 602 Form 602 ��Ownership Form Ownership Form An FCC Form 602 was created in the Universal An FCC Form 602 was created in the Universal Licensing System as a result of the ownership Licensing System as a result of the ownership information submitted on your Form 175. Applicants information submitted on
• http://wireless.fcc.gov/auctions/63/resources/07_Filing.pdf
  • multiple licenses on one Form 601. one Form 601. Applicants are responsible for the continuing Applicants are responsible for the continuing accuracy and completeness on information. accuracy and completeness on information. See 47 C.F.R. See 47 C.F.R. ��1.65 1.65 Incomplete or defective applications may be Incomplete or defective applications may be returned. returned. See 47 C.F.R. See 47 C.F.R. �� ��1.934, 1.933 1.934, 1.933.. FCC Form 601 FCC Form 601 Schedule B of FCC form 601 will be populated with Schedule B of FCC form 601 will be populated with information that was provided on the FCC form 175 for information that was provided on the FCC form 175 for Disclosable DisclosableInterest Holders ( Interest Holders (DIHs DIHs) ) --including revenue
• http://wireless.fcc.gov/auctions/65/resources/PostAuctionProcedures.pdf
  • on ULS at Filed electronically on ULS at http:// http://wireless.fcc.gov/uls wireless.fcc.gov/uls.. Applicants are responsible for the Applicants are responsible for the continuing accuracy and completeness of continuing accuracy and completeness of information. information. See See47 C.F.R. 47 C.F.R. ��1.65 1.65 Incomplete or defective applications may Incomplete or defective applications may be returned. be returned. See See47 C.F.R. 47 C.F.R. �� ��1.934, 1.934, 1.933. 1.933. 3/14/06 3/14/06 Form 602 Form 602 ��Ownership Form Ownership Form An FCC Form 602 was created in the Universal An FCC Form 602 was created in the Universal Licensing System as a result of the ownership Licensing System as a result of the ownership information submitted on your Form 175. Applicants information submitted on your Form 175.
• http://wireless.fcc.gov/feesforms/feeguide/WTB_Fee_Filing_Guide.pdf
  • Form 159 applications simultaneously. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. The applicant must remit payment within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1109). If you cannot file electronically you may elect to file manually provided the radio service is eligible for manual filing. Mail In Payment - Applicants can file online and not make a payment immediately and print the FCC 159 provided at the end of the submission. The FCC 159 along with form of payment should then be submitted
• http://wireless.fcc.gov/releases/da012863.pdf http://wireless.fcc.gov/releases/da012863.txt
  • Secretary's office), aff'd., Order on Reconsideration, 15 FCC Rcd 10251 (2000). 11 If we reached the Petition on the merits, we would deny the Petition. The subject application proposed a site location that clearly violated Section 90.307 of the Commission's Rules, and NSTN failed to request a waiver of that rule. Accordingly, the application was defective. See 47 C.F.R. � 1.934(d)(2). Federal Communications Commission DA 01-2863 3 7. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Chief, Policy and Rules Branch Public Safety and Private Wireless Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/uls/releases/da990385.doc
  • plans to hold a public forum prior to implementation, which will be announced via a future Public Notice. This will provide interested parties an opportunity to ask questions and seek clarifications with regard to specific circumstances that may not be treated in detail herein. Also, the Bureau will post information on this new policy on the Internet at http://www.fcc.gov/wtb/uls.html. Section 1.934(d) of the Rules, as recently amended, states that the Commission may dismiss as defective, applications that: (1) are unsigned or incomplete with respect to answers to questions, informational showings, or other matters of a formal character; (2) request an authorization that would not comply with one or more of the Commission's Rules, and do not contain a waiver request (or
• http://wireless.fcc.gov/uls/releases/da991267.doc http://wireless.fcc.gov/uls/releases/da991267.pdf
  • 1999. Appendix A to this Public Notice lists the implementation dates for other services that were converted to ULS less than 6 months ago. Although the Bureau did not specifically mention Antenna Structure Registration applications in its April 29, 1999, Public Notice, it has delayed implementation of the dismissal policy until July 1, 1999, for these applications as well. Section 1.934(d) of the Rules, as recently amended, states that the Commission may dismiss as defective, applications that: (1) are unsigned or incomplete with respect to answers to questions, informational showings, or other matters of a formal character; (2) request an authorization that would not comply with one or more of the Commission's Rules, and do not contain a waiver request (or
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-f02.pdf
  • 1.651.6 1.1 Cayman Islands $12,668,61175.213.2 0.510.6 0.5 $1,358,31839.429.6 0.031.0 0.0 $373,44884.9 6.4 8.7 0.0 0.0 42,851,18140.024.9 1.432.9 0.8 Cuba $26,313,792 0.113.213.630.143.1 $21,128 0.0 0.0 0.0 0.0100.0 $126,131 0.0 1.998.1 0.0 0.0 48,290,474 1.4 5.911.642.238.9 Dominica $9,319,70154.730.7 1.610.3 2.6 $437,74138.823.2 0.038.0 0.0 $186,318 5.192.7 2.2 0.0 0.0 24,810,82530.632.6 3.330.4 3.1 Dominican Republic $149,761,21846.1 6.3 1.514.331.8 $6,457,00546.3 7.8 3.737.7 4.5 $447,232 0.2 1.934.356.3 7.3 1,278,646,94519.0 5.2 4.815.056.0 French Overseas Departments $1,141,86259.810.3 1.222.4 6.3 $298,294 7.2 0.0 0.092.8 0.0 $17,96556.4 0.0 1.642.1 0.0 6,555,60222.1 6.3 1.564.0 6.1 Grenada $10,241,99959.823.0 2.410.6 4.2 $1,126,88727.145.9 0.027.0 0.0 $80,07212.783.0 4.3 0.0 0.0 39,187,41329.736.2 3.725.3 5.1 Guadeloupe $2,285,54879.8 0.2 1.0 8.210.8 $43,70799.1 0.0 0.5 0.0 0.4 $24,37293.5 0.1 6.4 0.0 0.0 7,229,65950.9 0.1 2.625.121.3 Haiti $30,063,50346.511.7 4.116.920.9 $2,029,88368.1 0.0
• http://www.fcc.gov/Bureaus/OSEC/library/legislative_histories/43.pdf
  • was organized in September 1919. The N.C.W.C. is a common agency acting under the authority of the bishops to promote the welfare of the Catholics of the country. It has for its incorporated purposes "unifying, coordinating, and organizing the Catholic people of the United States in works of education, social welfare, immigrant aid, and other activities." 1 As of February 1.934-Now (May 1934) "business secretary." FEDERAL COMMUNICATIONS COMMISSION 309 It comprises the following departments and bureaus: Executive-Bureaus maintained: Immigration, publicity and information, historical records, publications, business and auditing, and Latin-American. Education-Divisions: Statistics and information, teachers' registration, library. / NW/C h\ 1 F FlF7D77 ' I I EXPLANATORY KEY TO ORGANIZATION DIAGRAM A. Achille Ratti ... " now gloriously reigning " as
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • WAN. No filing will be done over the 80 Internet. The Commission's WAN can be accessed by using software available for downloading from the Commission's web site at http://www.fcc.gov/wtb/uls. The initial set of clearances would include whether the manually filed application has been signed and whether 81 all applications included the appropriate filing fee. See proposed rule 47 C.F.R. � 1.934(d). Electronically filed applications may contain an electronic signature. See proposed rule 47 C.F.R. � 1.917(d). 21 52. There will be two means for parties to electronically file applications with the Commission: batch and interactive. Batch filers will follow a set Commission format for entering data. Batch filers will 78 79 then send via file transfer protocol (FTP) batches of data
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992157.doc
  • of the applications, LMR filed a request seeking waiver of certain Commission Rules. During the pendancy of this matter, LMR has amended its applications and modified its waiver request. Additionally, on May 30, 1996, LMR withdrew Waiver II. For the reasons discussed below, we approve the withdrawal of Waiver II and dismiss the amended applications as defective pursuant to Section 1.934(d)(2) of the Commission's Rules. II. BACKGROUND 2. On June 23, 1992, LMR filed seventeen applications for various 800 MHz and 900 MHz PLMR, SMR and General Category channels for use in its proposed AIRSMR system. LMR contemporaneously filed a waiver request of Sections 90.175, 90.603, 90.615, 90.621(a) and (b), and 90.631(b), (e) and (f) of the Commission's Rules to establish
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992552.doc
  • that the Petition should be dismissed as defective because Champion did not demonstrate it had been adversely affected by the grant to CIS. Champion replies that it is the assignee of the community repeater station to which CIS seeks to add its mobiles. Thus, we believe that Champion has the requisite standing to challenge the subject licensing action. 5. Section 1.934(d) of the Commission's Rules authorizes the dismissal of an application that is found to be defective. Specifically, we may dismiss as defective an application that would not comply with one or more of the Commission's Rules and does not contain a request for waiver of these rules. On October 4, 1995, the Bureau implemented a suspension on the acceptance of
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000060.doc
  • 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 47 C.F.R. � 1.934. Section 1.958, however, addressed Defective Applications, not license renewals. Accordingly, we will construe his request as a waiver of section 1.949(a). Id. Federal Communications Commission DA 00-61 Federal Communications Commission DA 00-60 � � � � � � � � �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000115.doc
  • as amended, 47 U.S.C. �� 154(i), 309, and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, the Request for Dismissal of Application and request for approval of settlement agreement IS GRANTED. 5. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309, and sections 0.331 and 1.934(a)(1)(i) of the Commission's rules, 47 C.F.R. �� 0.331, 1.934(a)(1)(i), the application filed by Progressive Cellular III B-2 (File No. 10008-CL-P-317-A-88) is DISMISSED with prejudice. 6. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 405, and sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R. �� 0.331,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000408.doc
  • November 23, 1994. Because the minor modification effected the site addition originally sought in the major modification application, we dismiss First Kentucky's application for a major modification under File No. 01247-CL-MP-94 as moot. 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 0.331and 1.934 of the Commission's Rules, 47 C.F.R. �� 0.331 and 1.934, First Kentucky Cellular Corporation's above-captioned application under File No. 01247-CL-MP-94, filed on December 7, 1993, is hereby DISMISSED as moot. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and sections 0.331and 1.939(g) of the Commission's Rules, 47
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000462.doc
  • operations. Because there is a permanently authorized licensee in the Wisconsin 2- Bayfield RSA currently providing service, CIS's application for a geographic expansion of interim operating authority is defective and must be dismissed. 4. 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 sections 0.331 and 1.934 of the Commission's rules, 47 C.F.R. �� 0.331 and 1.934, C.I.S. Operating Company-3, Inc.'s application under File No. 03281-CL-MP-96, filed on May 9, 1996, is hereby DISMISSED. 5. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309, and section 1.939(g) of the Commission's rules, 47 C.F.R. �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000653.doc
  • (formerly 47 C.F.R. � 21.31(b)); see McElroy Electronics Corp. v. FCC, 86 F.3d 248 (D.C. Cir. 1996) (``public notices of applications filed with Commission . . . started 60 day cut-off period for filing of competing applications and, thus, files of competing applications more than 60 days following notices were not entitled to compete for subject licenses"). 47 C.F.R. � 1.934(f) states that the "Commission may dismiss without prejudice applications that are premature or late filed, including applications filed . . . after the cut-off date for a mutually exclusive application filing group." Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals, Report No. 2053 (rel. Aug. 10, 1999). 47 C.F.R. � 101.45(b)(2)(i); see DCT Transmission, L.L.C., Memorandum Opinion and
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000713.doc
  • decided to dismiss as unripe ``those applications for which the 30-day public notice period was not completed by the November 13, 1995 Freeze Order'' date. 4. By letters dated August 27, 1999, and September 27, 1999, respectively, the Public Safety and Private Wireless Division, Licensing and Techncial Analysis Branch (Branch) dismissed Likins's Lorain and Santa Rosa applications, pursuant to Section 1.934(f) of the Commission's Rules. The Branch found that Likins's applications conflicted with the previously-filed AT&T and Bay Area applications, and that, because Likins's applications were filed more than sixty days after the first-filed applications, Likins's applications were untimely pursuant to Section 101.45 of the Commission's Rules. On October 1, 1999, and October 27, 1999, Likins filed letters requesting a stay
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000714.doc
  • 13, 1995 Freeze Order'' date. 4. On September 27, 1999, the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch) dismissed AA&T's application. The Branch found that AA&T's application was untimely because it conflicted with Bay Area's application, which had established a cut-off period of March 31, 1992. The Branch therefore dismissed AA&T's in accordance with Section 1.934(f) of the Commission's Rules. On October 27, 1999 AA&T filed a request to reinstate its application or stay its dismissal. 5. Discussion. AA&T notes that it has filed an appeal seeking judicial review of the Commission's 39 GHz orders. AA&T states that one of the issues in that case is the Commission's treatment of partial mutual exclusivity between applications, especially
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000715.doc
  • Order'' date. 4. On September 27, 1999, the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch) dismissed Wireless's application. The Branch found that Wireless's application was untimely filed because it conflicted with the Bay Area application, which had established a cut-off period of March 31, 1992. The Branch therefore dismissed the application in accordance with Section 1.934(f) of the Commission's Rules. On October 27, 1999, Wireless filed a request to reinstate its application or stay its dismissal. 5. Discussion. Wireless notes that it has filed an appeal seeking judicial review of the Commission's 39 GHz orders. It states that one of the issues in that case is the Commission's treatment of partial mutual exclusivity between applications, especially
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000807.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-807 Federal Communications Commission DA 00-807 & � � @& ... � � � " � � " � � � � � � � � � � 0 � ... � � � � � � " � � " � � � � � � � � � �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000808.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-808 Federal Communications Commission DA 00-808 p @& T 0
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000815.doc
  • 95-183, 12 FCC Rcd 18600, 18639-457 �� 83-97 (1997) (Report and Order); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999) (MO&O). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File No. 9509664. DCT Petition for Reconsideration at 5 (filed Dec. 22, 1999) (Petition). Petition at 5. 39 GHz Applications Dismissed, Public Notice, DA 99-2631 (rel. Nov. 23, 1999). FCC File No. 9507189. Public Notice, Wireless Telecommunications Bureau Part 21 Weekly Receipts and Disposals, Report No. 1145 (rel. July 26, 1995). FCC File No. 9508003.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000825.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-825 Federal Communications Commission DA 00-825 @& 0
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001129.doc
  • 95-183, 12 FCC Rcd 18600, 18639-97 �� 83-97 (1997) (R&O and Second NPRM); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Daisy chains occur when an application is mutually exclusive, i.e would cause interference, with an application in an adjacent community, which is mutually exclusive with an application in another adjacent community, and so on. Low Power Television and Television Translator Service, Report and Order, MM Docket No. 83-1350, 57 Rad. Reg. 2d 234 (P&F 1984). FCC
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001167.doc
  • R. Goodman, Receiver, Dr. Robert Chan, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972 � 53 (1998). See, e.g., Duke Power Co., Order, DA 99-2574, � 8 (WTB PSPWD rel. Nov. 18, 1999). Petition at 2. Id. See, e.g., Country Cousins, Inc., Order, DA 99-2540, � 6 (WTB PSPWD rel. Nov. 16, 1999). See 47 C.F.R. � 1.934(e)(2) (application may be dismissed if requested spectrum cannot be assigned without causing harmful interference). (continued....) Federal Communications Commission DA 00-1167 Federal Communications Commission DA 00-1167 ? @ � � @& � |^ |^
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001397.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-97 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission DA 00-1397 Federal Communications Commission DA 00-1397 f � @& t u w x � � (c) � " � (R) � � � � � � � � � � � 0 u t u u w w x x � � (c) � " � (R) � � � �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001423.doc
  • which were publicly available. Consequently, WLOS's argument that the Commission failed to provide adequate public notice of the changes in the fee requirements is without merit. Applicants must stay apprised of changes in fee requirements and other FCC Rules, and WLOS's failure to do so here is not sufficient to excuse it from timely submitting the appropriate fee. Moreover, Section 1.934 of the Commission's Rules clearly states that applications will be dismissed when not submitted with the appropriate fee. In addition, notwithstanding WLOS's failure to submit the appropriate fee, its Petition would also fail the stricter standard of review required by the Commission's policy for treatment of renewal requests filed more than thirty days after the license expiration date. WLOS's subject
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001709.doc
  • Physicians Answering Service, Letter, 35 Rad. Reg. 2d (P & F) 1028 (1975); COMNAV Marine, Memorandum Opinion and Order, 2 FCC Rcd 2144 (PRB 1987). See Teleglobe USA, Inc., Order, Authorization and Certificate, 11 FCC Rcd 8162 n.4 (IB 1996). See Jacor Broadcasting of Colorado, Inc., Memorandum Opinion and Order, 9 FCC Rcd 4472 (MMB 1994). See 47 C.F.R. � 1.934(e)(2), which provides that the Commission may dismiss applications that request spectrum which is unavailable because it was previously assigned to another licensee on an exclusive basis or cannot be assigned to the applicant without causing harmful interference. Connex Opposition at 2 citing 47 U.S.C. � 405(a). does not render the order invalid). Connex Opposition at 3, citing Frequency Coordination in
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001717.doc
  • part of its application. We agree, and, like CN WAN, treat any reference in the LTAB decision to the ``952.58125/928.20625 MHz'' frequency pair to instead be a reference to the ``952/928.20625 MHz'' frequency pair. Although the LTAB decision characterized this dismissal as pursuant to the provisions of former 47 C.F.R. � 1.958, it was instead pursuant to 47 C.F.R. � 1.934, which includes the provisions of former Section 1.958. File Nos. 0000013414, 0000013423, 0000013429 and 0000013435, deleting sites operating on the frequency pair 952/928.21250 MHz under the call sign KNKK276 (notifications filed May 13, 1999). CN Wan reconsideration at 3. Public Notice, Application Requirements for Stations in the Private Operational Fixed Microwave Service (Mimeo 0125, Oct. 7, 1985). See generally 47
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001787.doc
  • as the Commission grants a license for that frequency block. On May 31, 2000, we released a Public Notice seeking comment on Interactive's application. By letter dated July 17, 2000, Interactive indicated that it had changed its business plan such that it no longer desired use of the 218-219 MHz frequencies, and requested that we dismiss its application. Under Section 1.934(a)(1)(ii) of the Commission's Rules, we will dismiss an application without prejudice upon request of the applicant unless the application has been designated for comparative hearing or is one for which the applicant submitted a winning bid in a competitive bidding process. Because neither of these conditions applies to the subject request, we grant Interactive's request and dismiss its application without
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002353.doc
  • cell site, the licensee must seek authorization by filing a Form 600 . . . .'' Id. at 12198. The Bureau rejected Metacomm's argument that its Form 489 submission was an application, stating that Metacomm misunderstood the purpose of Form 489. Id. See Andrea Hall and David Fitts, Order, 15 FCC Rcd 710 (CWD 2000). See id. 47 C.F.R. �� 1.934(d) and (f) (1999). Federal Communications Commission DA 00-2353 Federal Communications Commission DA 00-2353 � � -
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00143.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC 00-143 Federal Communications Commission FCC 00-143 & � � @& _ _ _ _ $ % & ' ( W X Y [ \ ] ` 0 ( W ` # Z ` # ` # ` ` _
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00144.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC-00-144 Federal Communications Commission FCC 00-144 9 : � � � � @& 0
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00145.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC 00-145 Federal Communications Commission FCC 00-145 B C � � � @& 0
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00146.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Plaincom, Inc., Order, 14 FCC Rcd 3349 (WTB PSPWD 1999). Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945). Application for Review at 23. WinStar Opposition at 20, citing Reuters Limited v. FCC, 781 F.2d 946, 951 (D.C. Cir. 1986). 47 C.F.R. � 21.31(b)(2)(i) (1994). See McElroy Electronics Corp. v. FCC, 86 F.3d 248, 253 (D.C.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00147.doc
  • Proposed Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31(b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC 00-147 Federal Communications Commission FCC 00-147 ! # � " � @& 0
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00148.doc
  • 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997) (R&O and Second NPRM); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). See Bachow Supplement to Application for Review at 3-5. (continued....) Federal Communications Commission FCC 00-148 Federal Communications Commission FCC 00-148 o p � s @& 0 # + G O � � � �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00150.doc
  • Proposed Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31(b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC 00-150 Federal Communications Commission FCC 00-150 C � � � @& ... ... ... ... . 0 1 ? J K L M N } ~  � � � � 0 N } � 2 < ? I � � 2 < ? I � 2 < ? I �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00151.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC 00-151 Federal Communications Commission FCC 00-151 I � � @& $ 0
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00152.doc
  • No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999) (July 29 MO&O). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File No. 9506008. See Altron Application for Review at 1. See February Order, � 5. See id., � 9. See Altron Application for Review at 4-5. (citing Establishment of a Fee Collection Program to Implement the Provisions of the Omnibus Budget Reconciliation Act of 1989, Memorandum Opinion and Order, 6 FCC Rcd 5919, 5922-23 (1991)
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00156.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC-00-156 Federal Communications Commission FCC 00-156 = � � � �@��� @& - � � � � � � � � � 0 � �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00157.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). (continued....) Federal Communications Commission FCC 00-157 Federal Communications Commission FCC 00-157 � � � � � @& 0
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00158.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). File Nos. 9507730, 9507733, 9507737, 9507751, 9507759, 9507766, 9507767, 9507770, 9507772, 9507776, 9507778, 9507779, 9507782, 9507789, 9507790, 9507792, 9507802, 9507804. File Nos. 9510581, 9510582, 9510583, 9510584, 9510585, 9510588, 9601235, 9601242, 9601243, 9601244, 9601246, 9601247, 9601248, 9601249. (continued....) Federal Communications Commission FCC 00-158 Federal Communications Commission FCC 00-158 u � `��� @& ' � 0 �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00176.doc
  • the United States, and Plaincom, Inc., for License to Operate a Point-to-Point Microwave Facility in the 39 GHz Frequency Band in St. Louis, Missouri, Order, 14 FCC Rcd 17821 (WTB PSPWD 1999) (Order). Application for Review at 4. Id. See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File No. 9510171. FCC File Nos. 9600669, 9600676, 9600679, 9600680, 9600684, 9600686, 9600687, 9600688, 9600689, 9600692, 9600697, 9600699, 9600702, 9600704, 9600707, 9600709. Public Notice, Private Radio Bureau Part 21 Receipts and Disposals, Report No. 1090 (rel. Jul. 6, 1994). (continued....) Federal Communications Commission FCC 00-176 Federal Communications Commission FCC 00-176 � @& � 0 �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00300.doc
  • Docket No. 93-252, 9 FCC Rcd 7988, 8092 � 216 (1994). Id. Id. at 8092 � 217. See 47 C.F.R. � 475(a). See 47 C.F.R. �� 80.215(h), 80.475(a)(2); AMTS First Report and Order, 6 FCC Rcd at 437 � 5. This, of course, is in addition to AMTS licensees' general obligation not to cause harmful interference. See 47 C.F.R. �� 1.934(e)(2), 80.92. 47 U.S.C. � 160(b). Id. See Fred Daniel d/b/a/Orion Telecom, Memorandum Opinion and Order, 14 FCC Rcd 19912, 19918-919 � 12 (1999). Part 24 of the Commission's Rules, 47 C.F.R. Part 24, which governs PCS contains no provision for station identification while Section 22.313 of the Commission's Rules, 47 C.F.R. � 22.313(a)(1), specifically exempts cellular operators from station identification.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00315.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997), aff'd, Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Application for Review at 1, 6. See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (Consolidating Case Nos. 99-1361-1362) (D.C. Cir. 1999). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C. Cir. 1958), as revised by Washington Metropolitan Area Transit System v. Holiday Tours, Inc., 559 F.2d 841 (D.C. Cir. 1977). Application for Review
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00316.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). See AA&T Wireless Services, Order, 15 FCC Rcd 5902 (WTB PSPWD rel. Mar. 30, 2000). See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (consolidating Case Nos. 99-1361 and 99-1362). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C. Cir. 1958), as revised by the Washington Metropolitan Area Transit System v. Holiday Tours, Inc.,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00317.doc
  • FCC Rcd 18600, 18639-45 �� 83-97 (1997) (Report and Order and Second NPRM); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File Nos. 9510394 and 9510406. FCC File Nos. 9510391 and 9510393. Application for Review at 1, 8. See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (Consolidating Case Nos. 99-1361-1362) (D.C. Cir. 1999). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C. Cir. 1958), as revised by Washington Metropolitan Area Transit System v.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00319.doc
  • Proposed Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997), aff'd, Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31(b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Therefore, Sintra's claims (Application for Review at 5-6) that its application for authorization did not violate the 60 day cut off for filing mutually exclusive applications is inapposite. (continued....) Federal Communications Commission FCC 00-318 Federal Communications Commission FCC 00-319 " # o � � (R) � � @& 0 � �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00320.doc
  • 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999) (July 29 MO&O). See id. See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Letter from Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, to Linda Chester (Aug. 27, 1999). Id. Application for Review at 2, 5. See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (Consolidating Case Nos. 99-1361-1362) (D.C. Cir. 1999). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00321.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File No. 9510607. FCC File No. 9510601. Application for Review at 6. Id. FCC File No. 9409617. See Public Notice, Report No. 1118 (rel. Jan. 18, 1995). See Public Notice, Report No. 1142 (rel. Jul. 5, 1995). The authorization was ultimately assigned to ART License Corporation on May 5, 1998. See FCC File No. 9510601.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00322.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File Nos. 96001236 and 9601372. FCC File No. 9601240. See Cambridge Partners, Inc., Order on Reconsideration, DA-804 (WTB PSPWD rel. Apr. 10, 2000). See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (consolidating Case Nos. 99-1361 and 1362). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C. Cir. 1958), as revised by the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00323.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File No. 9507932. FCC File No. 9600033. See HiCap Networks, Inc., Order on Reconsideration, DA-794 (WTB PSPWD rel. Apr. 10, 2000). See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (consolidating Case Nos. 99-1361 and 99-1362). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C. Cir. 1958), as revised by the Washington Metropolitan
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00324.doc
  • No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997); aff'd Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999) (July 29 MO&O). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). FCC File Nos. 9505285, 9505295, 9505297, 9505298, 9505299, 9505304, 9506000, 9506008, 9509656, 9510294, 9600055, 9600056, 9600066, 9600067, 9600070, 9600073, and 9600076. William G. Bowles, Jr. d/b/a Mid Missouri Mobilefone, Memorandum Opinion and Order, 61 Rad. Reg. (P&F) 2d 20 (CCB 1986) (Bowles) Answer Fort Smith, Inc., Memorandum Opinion and Order, 7 FCC Rcd 2249 (MSD 1992)
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00325.doc
  • Rcd 17727, 17729 � 6 (WTB PSPWD 1999). See FCC File Nos. 9600663, 9600664, 9600669-9600690, 9600698, 9600710-9600714, 9600719, and 9600720. See Public Notice, Private Radio Bureau Part 21 Receipts and Disposals, Report No. 1090 (rel. July 6, 1994). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45 (b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Application for Review at 5-10. Id. at 13-14 (citing 47 U.S.C. � 309(j)(6)(E)). Id. at 13-14. Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945). Application for Review at 11-13. 47 U.S.C. � 405(a). 47 U.S.C. � 309(j)(6)(E). Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945). An application for review is routinely denied when it
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00328.doc
  • on September 27, 1999, the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch) dismissed Wireless Telco's initial application. The Branch found that Wireless Telco's application was untimely filed because it conflicted with the Bay Area application, which had established a cut-off period of March 31, 1992. The Branch therefore dismissed the application in accordance with Section 1.934(f) of our Rules. We now affirm this decision. In the alternative, Wireless Telco requests a stay of the March 30th Order pending the outcome of related proceedings before the United States Court of Appeals for the District of Columbia. To receive a stay of an administrative action, a party must show that: 1) it will suffer irreparable harm if the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00329.doc
  • exclusivities were not resolved by December 15, 1995. Additionally, amendments resolving mutual exclusive situations were filed on or after December 15, 1995. Finally, fifteen applications failed to meet the thirty-day public notice requirement as of November 13, 1995. Therefore, we uphold the Division's decision for the reason's stated therein. There is no reason to disturb it. DCT argues that Section 1.934 of our Rules does not empower the Division to dismiss their applications. We note that the Division did not dismiss the application pursuant to Section 1.934 of our Rules. In this instance, the dismissal of DCT's applications resulted from our decision in the July 29, 1999 MO&O to dismiss pending mutually exclusive applications. DCT also argues that the Division's decision
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00331.doc
  • Rulemaking, ET Docket No. 95-183, 12 FCC Rcd 18600, 18639-45 �� 83-97 (1997), aff'd, Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Memorandum Opinion and Order, 14 FCC Rcd 12428, 12440-51 �� 19-44 (1999). See 47 C.F.R. � 21.31 (b)(2)(i) (1995); 47 C.F.R. � 101.45(b)(2)(i) (disposition of mutually exclusive applications). See also 47 C.F.R. � 1.934 (dismissal of defective applications). Application for Review at 1, 5. See Bachow Communications, Inc. v. FCC, Case No. 99-1346 (Consolidating Case Nos. 99-1361-1362) (D.C. Cir. 1999). See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 291 (D.C. Cir. 1958), as revised by Washington Metropolitan Area Transit System v. Holiday Tours, Inc., 559 F.2d 841 (D.C. Cir. 1977). Application for Review
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990385.pdf http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990385.txt http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990385.wp
  • a public forum prior to implementation, which will be announced via a future Public Notice. This will provide interested parties an opportunity to ask questions and seek clarifications with regard to specific circumstances that may not be treated in detail herein. Also, the Bureau will post information on this new policy on the Internet at http://www.fcc.gov/wtb/uls.html. POLICY ON DISMISSALS Section 1.934(d) of the Rules, as recently amended, states that the Commission may dismiss as defective, applications that: (1) are unsigned or incomplete with respect to answers to questions, informational showings, or other matters of a formal character; (2) request an authorization that would not comply with one or more of the Commission's Rules, and do not contain a waiver request (or
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001545.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001545.txt
  • Monday through Friday, from 8 a.m. to 6 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. On June 28, 2000, six long-form applications for authority to operate in the 39 GHz band were accepted for filing. Wireless Telecommunications Bureau Market-Based Applications Accepted for Filing, Public Notice, Report Number: 570 (Jun. 28, 2000). 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b). 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). TRW proposes to offer a non-terrestrial service, i.e., fixed satellite, with its licenses and has submitted a waiver request to obtain approval for such operation. Comments on the waiver request may be submitted within ten days of the release date of this public
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002108.doc
  • 0000132638 BEA045 Johnson City-Kingsport-Bristol, TN-VA J CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN E CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN J CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN K We note that on July 31, 2000, CT Communications, Inc. filed a request to waive the Commission requirement that long-form applications be signed when electronically filed. 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b). 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). 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 } ~ \ \ \ \ \ \ \ \ \ \ \ \
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002337.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002337.txt
  • 34) The long-form applications (FCC Form 601) for 800 MHz SMR General Category and Upper Band licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's Rules. See 47 C.F.R. � 1.934(a), (d). Applications not appearing in Attachment A, remain under consideration by the Commission. In addition, except for the waiver requests we grant in this Public Notice, applications listed in Attachment A that are pending with associated petitions for waiver are accepted conditioned upon resolution of such requests. Petitions to deny the applications listed in Attachment A must be filed no
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002862.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002862.txt
  • grant 12 applications for 1014 licenses. Applications not appearing in Attachment A below, or Attachment A of the previous Accepted for Filing Public Notice, remain under consideration by the Commission. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's Rules. See 47 C.F.R. � 1.934(a), (d). In addition, we grant the waiver request for the application for the licenses listed in Attachment A in this Public Notice. Petitions to deny the application listed in Attachment A must be filed no later than January 2, 2001, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. �� 1.4, 1.2108(b). Oppositions to
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010099.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010099.txt
  • Form 601) for 800 MHz SMR Service Frequencies in the Lower 80 Channels (``800 MHz SMR'') licenses listed in Attachment A have been found, upon initial review, accepted for filing. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's Rules. See 47 C.F.R. � 1.934(a), (d). Applications not appearing in Attachment A remain under consideration by the Commission. Petitions to deny the applications listed in Attachment A must be filed no later than January 29, 2001, ten (10) days after the date of this Public Notice. See 47 C.F.R. � 1.2108(b). Oppositions to a petition to deny must be filed no later than February 5,
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd991014.html
  • Internet URL: [36]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/er992035.wp PINE BELT COMMUNICATIONS, INC. Denied Pine Belt's request for confidentiality in support of its LMDS application. Action by Chief, Public Safety and Private Wireless Division. Adopted: October 13, 1999. by Order. (DA No. 99-2168). WTB Internet URL: [37]http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992168.wp LMR SYSTEMS, INC. Approved the withdrawal of Waiver II and dismissed the amended applications as defective pursuant to Section 1.934(d)(2) of the Commission's Rules to Operate New Trunked SMR Systems at various locations throughout the United States and Request for Waiver of the Commission's Rules. Action by Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. Adopted: October 12, 1999. by Order. (DA No. 99-2157). WTB Internet URL: [38]http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992157.doc ADDENDA: The following items, released October 12, 1999, did not
• http://www.fcc.gov/Forms/Form1070/1070y.pdf
  • FCC 159 applications simultaneously. The Commission will accept Visa, MasterCard, American Express, and Discover credit cards. The applicant must remit payment within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1111). FCC 1070Y - 2 - Sept 2011 If you cannot file electronically you may elect to file manually. Mail In Payment - Applicants can file online and not make a payment immediately and print the FCC 159 provided at the end of the submission. The FCC 159 along with form of payment should then be submitted to Federal
• http://www.fcc.gov/Forms/Form1070/2003/2003feeguide.pdf
  • on-line credit card or print FCC Form 159 directly from ULS. The applicant must remit payment as described in this guide within 10 calendar days of submitting the application, or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited (see ��1.934 and 1.1109). In order to avoid processing delays and dismissal due to insufficient fees, the Bureau recommends that applicants filing feeable applications via ULS observe the following: (1) Use the ULS-generated FCC Form 159; (2) Pay the amount specified by ULS; (3) Submit fee payment in a timely manner; (4) Submit only one instrument of payment (e.g., a check) for
• http://www.fcc.gov/Forms/Form609-T/609-t.pdf
  • code) is required (Item 17) FAX Number and E-Mail Address are optional (Items 18-19). Refer to Main Form Instructions, Appendix I, for a list of valid state, jurisdiction, and area abbreviations. Failure to respond to FCC correspondence sent to the address of record may result in dismissal of an Application/Notification, liability for forfeiture, or revocation of an authorization. (See Section 1.934(c) of the Commission's rules.) Demographics (Optional) Item 20 The information is optional and is requested for informational purposes only. Responses to this item will in no way affect processing of Applications/Notifications. FCC 609-T � Instructions Revised February 2008 July 2006 � Page 5 Licensee Contact Information Contact Name & Address (If other than Licensee) Items 21-31 These items identify the
• http://www.fcc.gov/Forms/Form611-T/611-t.pdf
  • code) is required (Item 12). FAX Number and E-Mail Address are optional (Items 13-14). Refer to Main Form Instructions, Appendix I, for a list of valid state, jurisdiction, and area abbreviations. Failure to respond to FCC correspondence sent to the address of record may result in dismissal of an Application/Notification, liability for forfeiture, or revocation of an authorization. (See Section 1.934(c) of the Commission's Rules). Demographics (Optional) Item 15 The information is optional and is requested for informational purposes only. Responses to this item will in no way affect processing of Applications/Notifications. FCC 611-T � Instructions January 2007 � Page 4 Licensee Contact Information Contact Name & Address (If other than Licensee) Items 16-26 These items identify the contact representative for
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-283153A1.html
  • Environmental Assessment. 4. KNUQ(FM) Renewal Application. In its most recent application for renewal of the KNUQ(FM) license, Visionary included an Engineering Statement concerning the RFR levels at and around the KNUQ(FM) transmitter site. In the Engineering Statement, Visionary acknowledged that at 100kW ERP, the KNUQ(FM) antenna will produce a calculated maximum field intensity level of 1934.47 microwatts per square centimeter [(1.934 mW/cm2)] at a distance of 5 meters [16.4 feet] from the base of the tower . . . , 969.85 microwatts per squared centimeter [(0.969 mW/cm2)] at 8.3 meters [27.22 feet] from the base of the tower . . . [and] 187.79 microwatts per squared centimeter [(0.187 mW/cm2)] at 10.1 meters [33.12 feet] from the base of the tower." Visionary