FCC Web Documents citing 1.949

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

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  • Texas, apparently liable for a forfeiture in the amount of five thousand two hundred dollars ($5,200) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Imperial acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background Imperial was granted a PLMRS station license under call sign WPPD863 on November 4, 1999, with an expiration date of November 4, 2004. Imperial failed to file for renewal of the station's license and the license expired on its own terms on November 4, 2004. On June 28, 2006, Imperial filed a request for
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  • apparently liable for a forfeiture in the amount of seven thousand five hundred dollars ($7,500) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Mitchell Electric acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background On June 26, 2006, Mitchell Electric filed a request for Special Temporary Authority (``STA'') to continue operating its PLMRS station WNWZ353 because the station license had expired on August 6, 2001. The Wireless Telecommunications Bureau granted Mitchell Electric STA to continue operating the station under call sign WQFH332 on July 14, 2006. On August
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  • ($9,200) for operating a PLMRS station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Enforcement Bureau (``Bureau'') to provide certain information and documents. GGP acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). background GGP was granted a PLMRS station license under call sign WPPT427 on April 3, 2000, with an expiration date of April 3, 2005. GGP's license to operate station WPPT427 expired on April 3, 2005, because it failed to file a renewal application. On April 17, 2006 - over a year after its authorization expired
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  • Harbors, Minnesota, apparently liable for a forfeiture in the amount of twenty thousand, eight hundred dollars ($20,800) for operating its PLMRS stations without Commission authority and for failing to file timely renewal applications for the stations. CLP acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). background CLP's licenses for its PLMRS stations, WYU920, WYU921, WFK224 and KA40187, expired on July 17, 2004. On June 26, 2006, CLP filed a request for Special Temporary Authority (``STA'') to continue operating. The Wireless Telecommunications Bureau granted CLP STA to continue operating under call sign WQFG667 on July 11, 2006. Because it appeared that
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  • ($9,200) for operating a PLMRS station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Enforcement Bureau (``Bureau'') to provide certain information and documents. RSDC acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). background RSDC was granted a PLMRS station license under call sign WPMV711 on January 29, 1999, with an expiration date of January 29, 2004. RSDC's license to operate station WPMV711 expired on January 29, 2004, because it failed to file a renewal application. On June 19, 2006- more than two years after its authorization expired
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  • Kentucky apparently liable for a forfeiture in the amount of five thousand, two hundred dollars ($5,200) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. JSMC acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background JSMC's license for its PLMRS station, WPOY291, expired on August 31, 2004. On August 30, 2006, JSMC filed a request for Special Temporary Authority (``STA'') to continue operating. The Wireless Telecommunications Bureau granted JSMC STA to continue operating under call sign WQFP653 on September 1, 2006. Because it appeared that JSMC may have operated
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  • 25, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand two hundred dollars ($5,200) against Hare Planting Co., Inc. (``Hare Planting'') for willful and repeated violations of Section 301 of the Communications Act of 1934 (``Act''), as amended, and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve operating a Private Land Mobile Radio Service (''PLMRS'') station without Commission authority and failing to file a timely renewal application for the station. II. BACKGROUND Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of any apparatus for the transmission of energy or communications
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  • for Forfeiture, we find Doss Aviation Inc. (``Doss''), former licensee of Private Land Mobile Radio Service (``PLMRS'') station WPPZ915, in Corpus Christi, Texas, apparently liable for a forfeiture in the amount of five thousand, two hundred dollars ($5,200) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). The noted apparent violations involve Doss' operation of a PLMRS station without Commission authority and its failure to file a timely renewal application for the station. background Doss was granted a PLMRS station license under call sign WPPZ915 on April 11, 2000, with an expiration date of April 11, 2005. Doss failed to file for
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  • station WPKW900, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Kimberly Clark acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background On November 13, 2001, an application was filed with the Commission's Wireless Telecommunications Bureau (``Wireless Bureau'') to assign the license for PLMRS station WPKW900 from HK Systems to Kimberly Clark. The license for WPKW900 had an expiration date of August 22, 2002. On July 19, 2006, Kimberly Clark filed with the Wireless Bureau a
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  • California, apparently liable for a forfeiture in the amount of five thousand, two hundred dollars ($5,200) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Sakaida acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background On June 19, 2006, Sakaida filed a request for Special Temporary Authority (``STA'') to continue operating its PLMRS station WIM375 because the station license had expired on June 26, 2005. The Wireless Telecommunications Bureau (``WTB'') granted Sakaida STA to continue operating the station under call sign WQFD608 on June 21, 2006. On November 28,
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  • dollars ($10,500) for operating a PLMRS station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Enforcement Bureau (``Bureau'') to provide certain information. Yellow Cab acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). background Yellow Cab was granted a PLMRS station license under call sign KNHW827 on August 27, 1998, with an expiration date of November 16, 2003. Yellow Cab did not file a renewal application and thus its license to operate station KNHW827 expired on November 16, 2003. In October 2006, the Enforcement Bureau received a complaint
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  • 2007 Released: August 24, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand, four hundred dollars ($8,400) against General Growth Properties (``GGP'') for willful and repeated violations of Section 301 of the Communications Act of 1934 (``Act''), as amended, and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve operating a Private Land Mobile Radio Service (``PLMRS'') station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Spectrum Enforcement Division (``Division''), Enforcement Bureau (``Bureau'') to provide certain information and documents. background Section 301 of the Act and Section
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  • 25, 2007 Released: September 27, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand two hundred dollars ($5,200) against Imperial Sugar Company (``Imperial'') for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve Imperial's operation of Private Land Mobile Radio Service (``PLMRS'') station WPPD863 without Commission authority and for failure to file a timely renewal application for the station. On March 15, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $5,200 to Imperial. Imperial
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  • apparently liable for a forfeiture in the amount of six thousand, five hundred dollars ($6,500) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Five Star acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background On February 16, 2002, Five Star was granted a PLMRS station license under call sign WPNS752 with an expiration date of May 28, 2004. Five Star did not file a renewal application, and consequently its license to operate station WPNS752 expired on May 28, 2004. On April 3, 2007, Five Star filed with the
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  • the Enforcement Bureau (``Bureau'') of the Federal Communications Commission (the ``FCC'' or ``Commission'') and Alltel Corporation (``Alltel''). The Consent Decree terminates the Bureau's investigation into whether one of Alltel's indirect wholly-owned licensee subsidiaries failed to timely file an application to renew its A-Block cellular license, call sign KNKA369, for the Oklahoma City, Oklahoma cellular market area in violation of Section 1.949 of the Commission's rules, and whether the subsidiary operated the station without Commission authorization in violation of Section 301 of the Communications Act of 1934, as amended (the ``Act''), and Section 1.903(a) of the Commission's rules. The Enforcement Bureau and Alltel have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy
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  • 2007 Released: November 19, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand, two hundred dollars ($9,200) against RSDC of Michigan, LLC (``RSDC'') for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve RSDC's operation of a Private Land Mobile Radio Service station without Commissions authority, failure to file a timely renewal application for the station and failure to respond to directives of the Enforcement Bureau (``Bureau'') to provide certain information and documents. On April 12, 2007, the Spectrum Enforcement Division issued a Notice
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  • Released: November 19, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand, five hundred dollars ($10,500) against Yellow Cab Leasing, Inc. (``Yellow Cab'') for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve Yellow Cab's operation of a Private Land Mobile Radio Service station without Commission authority, failure to file a timely renewal application for the station and failure to respond to directives of the Enforcement Bureau (``Bureau'') to provide certain information. On July 10, 2007, the Spectrum Enforcement Division issued a Notice of
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  • 2007 Released: November 28, 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Doss Aviation Inc. (``Doss''). The Consent Decree terminates the Bureau's enforcement proceeding relating to Doss's compliance with the Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). The Enforcement Bureau and Doss have negotiated the terms of a Consent Decree that would resolve these matters and terminate the enforcement proceeding. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, we conclude that no substantial or material questions of fact exist with respect
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  • monetary forfeiture in the amount of five thousand, two hundred dollars ($5,200) against Ted Sakaida & Sons, Inc. d/b/a Ted Sakaida & Sons Trucking (``Sakaida''), former licensee of Private Land Mobile Radio Service (``PLMRS'') station WIM375, Van Nuys, California, for willful and repeated violations of Section 301 of the Communications Act of 1934 (``Act'') as amended, and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve Sakaida's operation of PLMRS station WIM375 without Commission authority and failure to file a timely renewal application for that station. background Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of any apparatus for the transmission of energy or communications or signals by a
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  • to any issues raised by Utopian Wireless Corporation in FCC File No. 0003130320 as to the proposed assignment of the incumbent BRS licenses from Wireless Telecommunications, Inc., Debtor-in-Possession to VTel Wireless, Inc., a subsidiary of Vermont Telephone Co., Inc. * Applications for renewal filed on April 18, 2006, within thirty days of expiration, accompanied by Request for Waiver of Section 1.949(a) of the Commission's Rules. FCC File Nos. 0002576443 (B227), 0002576439 (B249), 0002576440 (B266), 0002576444 (B342), 0002576441 (B398), and 0002576442 (B406). Federal Communications Commission DA 08-1914 Federal Communications Commission DA 08-1914 kd; 0 0 ¤
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  • 2008 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and NOVA Chemicals, Inc. (``NOVA''). The Consent Decree terminates an investigation by the Bureau against NOVA for possible violations of section 301 of the Communications Act of 1934, as amended, (``Act'') and sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules'') regarding the operation of its Private Land Mobile Radio Service (``PLMRS'') station WPLH775 without Commission authority and its failure to file a timely renewal application for the station. The Bureau and NOVA have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated
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  • apparently liable for a forfeiture in the amount of six thousand two hundred dollars ($6,200) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Mathews Readymix acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's rules (``rules''). background On October 25, 1996, Mathews Readymix's application to renew its license for station KNAS290 was granted with an expiration date of January 21, 2002. On February 28, 2008, Mathews Readymix filed with the Wireless Telecommunications Bureau (``WTB'') a request for Special Temporary Authority (``STA'') to operate KNAS290. On March 12, 2008, WTB granted Mathews
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  • Station WPOG498, apparently liable for a forfeiture in the amount of six thousand, five hundred dollars ($6,500) for operating the station without Commission authority and for failing to file a timely renewal application for the station. Richmond acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903(a) and 1.949(a) of the Commission's rules. background On October 25, 1999, the Wireless Telecommunications Bureau (``WTB'') granted Richmond a license in the Industrial/Business Pool Radio Service under the call sign WPOG498, with an expiration date of October 25, 2004. Richmond did not file a renewal application, and the WTB cancelled the license for WPOG498 on December 25, 2004. On May 14, 2007,
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  • Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') of the Federal Communications Commission (``FCC'' or ``Commission'') and Cooperative Light & Power Association (``CLP''). The Consent Decree terminates the Bureau's enforcement proceeding relating to CLP's compliance with Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). The Bureau and CLP have negotiated the terms of a Consent Decree that would resolve these matters and terminate the enforcement proceeding. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, we conclude that no substantial or material questions of fact exist with respect to
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  • the Division granted the Port Authority an additional one-year period to complete construction of its World Trade Center Stations. The grant of this Waiver Request does not relieve the Port Authority from applying for a renewal of license for any World Trade Center Station listed in the attachment prior to the expiration date of the license. See 47 C.F.R. § 1.949(a). Moreover, any renewal application submitted for a World Trade Center Station subject to grant of this Waiver Request will be held in pending status until the extended construction period granted herein is expired. See County of Beaver, Memorandum Opinion and Order, 18 FCC Rcd 18754, 18758 ¶ 13 (WTB PSPWD 2003) (renewal application for unconstructed station held in pending status
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  • the Chief, Spectrum Enforcement Division, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand five hundred dollars ($6,500) against Five Star Parking d/b/a Five Star Taxi Dispatch (``Five Star'') for willful and repeated violations of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve Five Star's operation of Private Land Mobile Radio Service (``PLMRS'') station WPNS752 without Commission authority and failure to file a timely renewal application for the station. background Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of any apparatus for the transmission of energy
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  • station WPIM837 apparently liable for a forfeiture in the amount of six thousand five hundred ($6,500) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Miller acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's rules (``rules''). background On July 26, 2000, Miller was granted a renewal of its PLMRS station license under call sign WPIM837, with an expiration date of October 12, 2005. Miller did not file a renewal application, and consequently its license to operate station WPIM837 expired on October 12, 2005. On August 16, 2007, Miller filed with the
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  • Hospital, Inc. (``Presbyterian Hospital''), former licensee of Private Land Mobile Radio Service (``PLMRS'') station KNS481, for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Presbyterian Hospital acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules'') by failing to file a timely renewal application for station KNS481 and for continued operation of that station from May 22, 2002 to August 5, 2003. background On April 18, 1997, Presbyterian Hospital was granted a license renewal for PLMRS station KNS481 with an expiration date of May 21, 2002. Presbyterian Hospital did not file
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  • Association, Inc. ("TSA"), former licensee of aviation support station (``station'') KSC8, in Midlothian, Texas, apparently liable for a forfeiture in the amount of nine thousand dollars ($9,000) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 1.903(a) of the Commission's Rules (``Rules'') and for apparent willful violation of Section 1.949(a) of the Rules. The noted apparent violations involve TSA's operation of an aviation support station without Commission authority and its failure to file a timely renewal application for the station. Background On August 25, 2008, TSA filed a complaint with the Enforcement Bureau's Spectrum Enforcement Division (``Division'') alleging interference with its use of frequency 123.30 MHz from commercial jets inbound
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  • 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Marathon Petroleum Company, LLC (``Marathon''). The Consent Decree terminates an investigation by the Bureau into Marathon's possible violations of Section 301 of the Communications Act of 1934, as amended, (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). The Bureau and Marathon have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the
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  • of Private Land Mobile Radio (``PLMRS'') station WPQE205, in Las Vegas, Nevada, apparently liable for a forfeiture in the amount of six thousand four hundred dollars ($6,400) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 1.903(a) of the Commission's Rules (``Rules'') and for apparent willful violation of Section 1.949(a) of the Rules. The noted apparent violations involve Nevada Sun Peak's operation of its PLMRS station without Commission authority and its failure to timely file a renewal application for the station. Background On June 7, 2000, Nevada Sun Peak was granted a license to operate station WPQE205 until the license expiration date of June 7, 2005. On August 13, 2005,
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  • we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Nex-Tech, Inc. (``Nex-Tech''). The Consent Decree terminates the Bureau's investigation into whether Nex-Tech failed to file timely applications to renew its broadband Personal Communications Services C-Block licenses, call signs WPOJ817 and WPOJ818, in the Great Bend and Hays, Kansas basic trading areas, in violation of section 1.949(a) of the Commission's rules (``Rules''), and operated the stations without Commission authorization in violation of section 301 of the Communications Act of 1934, as amended (the ``Act''), and section 1.903(a) of the Rules. The Bureau and Nex-Tech have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated
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  • (``BASF''), former licensee of Private Land Mobile Radio Service (``PLMRS'') station WPNZ510, Pasedena, Texas, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended (``Act'') and section 1.903(a) of the Commission's rules (``Rules'') and for apparent willful violation of section 1.949(a) of the Rules. The noted apparent violations involve BASF's failure to timely file a renewal application for its PLMRS station and its operation of the station for five years without Commission authority. background On August 12, 1999, BASF was granted a five-year license to operate station WPNZ510 through August 12, 2004. On May 17, 2004, the Commission sent BASF a
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  • of Private Land Mobile Radio (``PLMRS'') station WPQD526, in San Diego, California, apparently liable for a forfeiture in the amount of six thousand four hundred dollars ($6,400) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 1.903(a) of the Commission's Rules (``Rules'') and for apparent willful violation of Section 1.949(a) of the Rules. The noted apparent violations involve the University's operation of its PLMRS station without Commission authority and its failure to timely file a renewal application for the station. Background On June 1, 2000, the University was granted a license to operate station WPQD526 until the license expiration date of June 1, 2005. On August 6, 2005, the Commission's
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  • Released: December 6, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Carrier Coach Inc. (``Carrier Coach''). The Consent Decree terminates an investigation initiated by the Bureau regarding Carrier Coach's compliance with section 301 of the Communications Act of 1934, as amended, and sections 1.903(a) and 1.949(a) of the Commission's rules, pertaining to the operation of a wireless radio station without Commission authority and the failure to file a timely renewal application for a wireless radio station. The Bureau and Carrier Coach have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
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  • and Order, 2 FCC Rcd 17930, 17939 (1997). 800 MHz Second Memorandum Opinion and Order, 22 FCC Rcd at 10479-80 ¶ 33. Preferred Petition at 18, quoting Third Report and Order, 25 FCC Rcd at 4448 ¶ 13. Sprint Opposition at 9. Id. citing Supplemental Order, 19 FCC Rcd at 25155 ¶ 79. Preferred Reply at 1. 47 C.F.R. § 1.949. Improving Public Safety Communications in the 800 MHz Band, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969 (2004) (800 MHz Report and Order). Preferred Petition at 23. Id. Supplemental Order, 19 FCC Rcd at 25154 ¶ 76. Preferred Petition at 24. Id. Second Memorandum Opinion and Order, 22 FCC Rcd
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  • into possible violations by Rio Tinto and Alcan of Section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.948 of the Commission's rules (``Rules''), relating to the requirement that Commission approval be obtained prior to assignment or transfer of control of wireless radio station licenses; and Section 301 of the Act, and Sections 1.903 and 1.949(a) of the Rules, relating to the authorized operation of stations and equipment in the wireless radio services, and the timely filing of renewal applications. The Bureau, Rio Tinto, and Alcan have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of
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  • Bureau's Investigation into whether Rio Tinto and Alcan violated Section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.948 of the Commission's Rules (``Rules''), relating to the requirement that Commission approval be obtained prior to assignment or transfer of control of wireless radio station licenses; and Section 301 of the Act, and Sections 1.903 and 1.949(a) of the Rules, relating to the authorized operation of stations and equipment in the wireless radio services, and the timely filing of renewal applications. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq. ``Adopting Order'' or ``Order'' means an order
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  • (``Shubat''), former licensee of Private Land Mobile Radio Service (``PLMRS'') station WPMH780, Hibbing, Minnesota, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended (``Act'') and section 1.903(a) of the Commission's rules (``Rules'') and for apparent willful violation of section 1.949(a) of the Rules. The noted apparent violations involve Shubat's operation of the station for more than six years without Commission authority and its failure to timely file a renewal application for its PLMRS station. background On July 30, 1998, Shubat was granted a five-year license to operate station WPMH780 through July 30, 2003. On May 5, 2003, the Commission's Wireless
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  • for Forfeiture (``NAL''), we find Harrah's Atlantic City Operating Company LLC (``Harrah's''), former licensee of Industrial/Business Pool Radio Station WSZ911 in Atlantic City, New Jersey, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended (``Act'') and sections 1.903(a) and 1.949(a) of the Commission's rules (``Rules''). The noted apparent violations involve Harrah's operation of Station WSZ911 without Commission authority, and its failure to timely file a renewal application for the station for almost ten years. BACKGROUND On April 8, 2010, agents in the Enforcement Bureau's Philadelphia Office (``Philadelphia Office'') conducted routine monitoring of several paging frequencies in the Atlantic City area
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  • Inc. (``Call Mobile''), former licensee of Industrial/Business Pool Radio station WPKM300, in Lexington, Kentucky, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended (``Act'') and section 1.903(a) of the Commission's rules (``Rules''), and for apparent willful violation of section 1.949(a) of the Rules. The noted apparent violations involve Call Mobile's operation of station WPKM300 without Commission authority and its failure to timely file a renewal application for the station for more than two and a half years. Background On April 16, 1997, Call Mobile was granted a license to operate station WPKM300 until the license expiration date of April 16,
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  • Uniradio's responsibilities under the Licensing and Permitting Rules. ``Effective Date'' means the date on which the Bureau releases the Adopting Order. ``Investigation'' means the investigation commenced by the Bureau's July 25, 2011 letter of inquiry regarding Uniradio's delivery of cross-border programming to Mexican broadcast station XERCN, Tijuana, Mexico. ``Licensing and Permitting Rules'' means Section 325(c), Section 301of the Act, Section 1.949(a) of the Rules, and other Communications Laws that prohibit the use or operation of a wireless radio station or the delivery of programming to a foreign broadcast station without a valid authorization. ``Operating Procedures'' means the standard, internal operating procedures and compliance policies established by Uniradio to implement the Compliance Plan. ``Parties'' means Uniradio and the Bureau, each of which
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  • and 740-746 MHz bands, Block D in the 716-722 MHz band, Block E in the 722-728 MHz band, Block C, C1, or C2 in the 746-757 MHz and 776-787 MHz bands, or Block D in the 758-763 MHz and 788-793 MHz bands. Each of these licensees must file a renewal application in accordance with the provisions set forth in § 1.949, and must make a showing of substantial service, independent of its performance requirements, as a condition for renewal at the end of each license term. Sections 27.14(g)(1)-(3) of the Commission's Rules are revised to read as follows: WCS licensees holding EA authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, cellular market authorizations for Block B in
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  • Re Applications of Lorain Community Broadcasting Co., Lorain, Ohio, Memorandum Opinion and Order, 5 FCC 2d 55, 57 ¶ 6 (1966). We do not propose to expand the language of Section 1.937 to prohibit applications repeating renewal applications that were dismissed without prejudice, as this would bar a licensee whose renewal application was dismissed as late-filed, see 47 C.F.R. § 1.949(a), from seeking a new license to replace the expired license. See ¶ 6, infra. See generally 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a). 5 U.S.C. § 603. 5 U.S.C. § 605(b). 47 C.F.R. §§ 1.415, 1.419 See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, GC Docket No. 97-113, 13 FCC Rcd 11322 (1998). (continued....) Federal Communications Commission FCC
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  • Furthermore, 276 CMAs contain 2 or more counties where all counties have population densities of 100 persons per square mile or less. Eighth Competition Report at 14837 ¶ 114. See 47 C.F.R. §§ 24.203(a),(b) (five-year and ten-year construction requirements for broadband PCS), 90.655(c) (three-year and five-year requirements for 900 MHz SMR), 101.1011(a) (ten-year requirement for MDS). See 47 C.F.R. § 1.949. See id. Licensees must file applications for renewal of their authorizations and must comply with any additional renewal requirements set forth in the applicable service-specific subsections of our rules. Eighth Competition Report at 14794-95 ¶ 18. See SPTF Report at 59. See, e.g., 47 C.F.R. §§ 22.301-22.383 and 22.901-22.925 (Cellular Radiotelephone Service); 47 C.F.R. §§ 24.50-24.55 and 24.229-24.238 (broadband PCS);
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  • consolidating limitations 10 and 38 and update frequency table(s) accordingly. Section 90.35(b)(3). Eliminate redundancy by deleting one of the two entries for frequency 35.48. Section 90.35(c). Remove limitation 45. Section 90.149. Add ``Except as provided in subpart R of this part,'' to the beginning of Section 90.149(a) and eliminate 90.149(d). Section 90.743(a). Replace the cross-reference to Section 90.149 with Section 1.949. Section 90.743(c). Update the license term for Phase I non-nationwide licensees from five years to ten years. Procedural Matters Comment Filing Procedures Comments and reply comments. Pursuant to applicable procedures set forth in sections 1.415 and 1.419 of the Commission's rules, interested parties may file comments in response to this Notice of Proposed Rulemaking in WT Docket No. 03-264 on
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  • Associated with Applications, Public Notice, 14 FCC Rcd 5499 (WTB 1999). Unified Dismissal and Return PN, 17 FCC Rcd at 30. Id. at 32. ULS R&O, 13 FCC Rcd 21,027, 21,033-21,034 ¶ 10. Id. Id. The MDS and ITFS application forms are FCC Forms 304, 304A, 305, 306, 330, 330A, 330R, 331, 405, 430, and 701. See 47 C.F.R. § 1.949 for the rules governing renewals. ; 47 C.F.R. § 0.408. See 47 C.F.R. § 1.948. See e.g. 47 C.F.R §§ 73.3500, 73.3536 (elimination of all references to FCC Form 330-L, ``Application for Instructional Television Fixed Station License); 47 C.F.R. §§ 21.11(b); 73.3500; 73.3533(b) (elimination of all references to FCC Form 307). In addition, we propose to delete references to obsolete
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  • 12 FCC Rcd at 12,660 ¶ 270; WCS Report and Order, 12 FCC Rcd at 10,843-44; 218-219 MHz Service Report and Order, 15 FCC Rcd at 1,538 ¶ 70. See 70/80/90 GHz Report and Order at ¶ 80. See 47 C.F.R. § 101.65. Former 47 C.F.R. § 21.45. 47 C.F.R. § 101.67. Former 47 C.F.R. § 101.15. 47 C.F.R. § 1.949. 70/80/90 GHz Report and Order at ¶ 77. See, e.g., WinStar Comments at 36; Commco Comments at 11; GEC Comments at 6. See, e.g., LMDS Second Report and Order, 12 FCC Rcd at 12,656 ¶ 59; Report and Order and Second NPRM, 12 FCC Rcd at 18,620-21 ¶ 36. See, e.g., Report and Order and Second NPRM, 12 FCC Rcd
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  • result in forfeiture of the license and the licensee will be ineligible to regain it. * * * * * (e) Comparative renewal proceedings do not apply to WCS licensees holding authorizations for the 698-757 MHz, 758-763 MHz, 776-787 MHz, and 788-793 MHz bands. These licensees must file a renewal application in accordance with the provisions set forth in § 1.949, and must make a showing of substantial service, independent of its performance requirements, as a condition for renewal at the end of each license term. * * * * * (g) WCS licensees holding EA authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, cellular market authorizations for Block B in the 704-710 MHz and 734-740 MHz
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  • (m), (n), and (o), and adding paragraph (p), to read as follows: § 27.14 Construction requirements; Criteria for renewal. * * * * * (e) Comparative renewal proceedings do not apply to WCS licensees holding authorizations for the 698-757 MHz and 776-787 MHz bands. These licensees must file a renewal application in accordance with the provisions set forth in § 1.949 of this chapter, and must make a showing of substantial service, independent of its performance requirements, as a condition for renewal at the end of each license term. * * * * * (m) A WCS licensee holding an authorization for the D Block in the 758-763 MHz and 788-793 MHz bands (the Upper 700 MHz D Block licensee) shall
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit : : : : : : : : Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Self Communications, Inc. Reinstatement Application for 218-219 MHz Service License KIVD0006, Chicago, Illinois and Request for Waiver of Sections 1.949(a) and 1.955(a)(1) of the Commission's Rules ) ) ) ) ) ) ) ) File No. D126953 NAL/Acct. No. X 2051 00001 AND NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 23, 2000 Released: May 23, 2000 Before the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION On May 24, 1999, Self Communications, Inc. (Self) filed an
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  • and 1.925 of the Commission's Rules, 47 C.F.R. §§ 1.106, 1.925, that the petition for reconsideration filed by Browning Ferris, Industries, Inc., on December 4, 1998, and resubmitted on September 14, 1999, IS DENIED. 9. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 405, and Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the reinstatement application FCC File No. D118162, filed by Browning Ferris Industries, Inc., on December 4, 1998, and resubmitted on September 14, 1999, IS DISMISSED. 10. This action is taken under delegated authority pursuant to Section 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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  • PSPWD 1999) (finding that a petition for reconsideration sent to the Commission's lock box at Mellon Bank neither complied with the Commission's Rules nor ameliorated the late filing with the Secretary's office), aff'd, Order on Reconsideration, DA 00-316 (WTB PSPWD rel. April 11, 2000). 47 C.F.R. § 1.4(b)(5). We also note that the Branch properly dismissed Santiago's application. Under Section 1.949 of the Commission's Rules, applications for renewal of authorizations in the Wireless Radio Services must be filed no later than the expiration date of the authorization for which renewal is sought. 47 C.F.R. § 1.949(a). Further, under Section 1.955, authorizations automatically terminate upon the expiration date unless a timely application for renewal is filed. 47 C.F.R. § 1.955(a)(1). Requests for
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  • Paging Stations KNKG512 and KWB377 ) NAL/Acct. No. X20EF0016 Warner Robins, Georgia ) ) FORFEITURE ORDER Adopted: July 26, 2000 Released: July 27, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Advanced TelCom, Inc. (``Advanced TelCom'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involves Advanced TelCom's failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for the stations. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
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  • Licensee of Station KNKD302 ) Big Coppitt Key, Florida ) MEMORANDUM OPINION AND ORDER Adopted: August 8, 2000 Released: August 10, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of six thousand dollars ($6,000) issued against D.A. Sanders for apparent willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Mr. Sanders' failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for the stations. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
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  • ) Licensee of Station WSI674 ) NAL/Acct. No. X20EF0006 Dickinson, North Dakota ) FORFEITURE ORDER Adopted: August 30, 2000 Released: September 1, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) against Telnet of Dickinson, Inc. ("Telnet"), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Telnet's failure to file a license renewal application for Station WSI674 prior to the expiration of the authorization for the station. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
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  • September 22, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION We have before us a request by WSYX Licensee, Inc. (WSYX) for renewal and reinstatement of its licenses for Fixed Microwave Service (FMS) Stations WNES558, Columbus, Ohio, and WNES559, Columbus, Ohio. In conjunction with the applications, WSYX submitted a request for waiver of Section 1.949 of the Commission's Rules to allow submission of its renewal applications after the licenses expired. For the reasons set forth below, we deny the waiver request and dismiss the above-captioned applications. Background The licenses for Stations WNES558 and WNES559 expired on September 27, 1999. WSYX, which operates a television broadcast station, states that it did not receive renewal notices from
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  • KNKC731 and ) NAL/Acct. No. X20EF0002 KNKC816 ) ) Pittsfield, Massachusetts ) FORFEITURE ORDER Adopted: September 15, 2000 Released: September 19, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand five hundred dollars ($4,500) against Berkshire Communicators, Inc. ("Berkshire"), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Berkshire's failure to file license renewal applications for Stations KCA237, KNKC731, and KNKC816 prior to the expiration of the authorizations for the stations. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability
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  • 1999) (finding that a petition for reconsideration sent to the Commission's lock box at Mellon Bank neither complied with the Commission's Rules nor ameliorated the late filing with the Secretary's office), aff'd, Order on Reconsideration, 15 FCC Rcd 10251 (WTB PSPWD 2000). 47 C.F.R. § 1.4(b)(5). Moreover, we note that the Branch correctly denied Metrocall's request for waiver of Section 1.949 of the Commission's Rules and the ongoing MAS application freeze. Section 1.949 of the Rules requires that an application for renewal of a wireless license be filed by the expiration date of that license. See 47 C.F.R. § 1.949. Metrocall explains that the delay in filing its renewal was due to the ``large amount of paperwork and other administrative matters
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  • the Matter of ) ) Vincent Communications, Inc. ) File No. EB-00-TS-018 KNKK227, KNKK231, and KNKK233 ) Fresno, California ) NAL/Acct. No. X20EF0001 FORFEITURE ORDER Adopted: September 20, 2000 Released: September 22, 2000 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a $4,500 monetary forfeiture to Vincent Communications, Inc. (``Vincent Communications'') for willfully violating Section 1.949 of the Commission's Rules (``Rules''). Vincent Communications failed to file timely its license renewal applications for paging stations KNKK227, KNKK231, and KNKK233. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division, Wireless Telecommunications Bureau, issued a $4,500 Notice of Apparent Liability for Forfeiture (``NAL'') to Vincent Communications. Vincent Communications filed its response to the
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  • KNKM520, KNKP704, KNKO557, KNKM635 ) and KNKM501 ) ) Various Locations in Arkansas ) FORFEITURE ORDER Adopted: September 26, 2000 Released: September 28, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) against Snider Communications Corp. (``Snider'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involves Snider's failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for those stations II. BACKGROUND 2. Snider's authorizations for the captioned stations expired on April 1, 1999. Snider, however, , did not file applications for renewal of the authorization of the above listed
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  • Rules (``Rules''). We conclude that AA Beep is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. AA Beep's authorization for Public Mobile Radio Station KNKK662, expired on April 1, 1999. On October 8, 1999, AA Beep filed an application for renewal of the authorization for that station and requested the waiver of Section 1.949 of the Commissions Rules. AA Beep's waiver request indicates that AA Beep apparently operated paging facilities without authorization between April 1, 1999, and October 8, 1999. On November 30, 1999, the Commission granted AA Beep's waiver request and reinstated its authority to operate Station KNKK662. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit v Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of First National Bank of Berryville Applications for Renewal of Private Operational Fixed Microwave Station WNTB446, Eureka Springs, Arkansas, and Station WNTB447, Berryville, Arkansas and Request for Waiver of Section 1.949(a) of the Commission's Rules ) ) ) ) ) ) ) ) ) File Nos. 0000092903 and 0000092904 Adopted: October 10, 2000 Released: October 13, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION On April 13, 2000, First National Bank of Berryville (FNB) filed a petition requesting reconsideration of the dismissal of the above-referenced
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  • Licensee of Paging Station KNKO605, ) NAL/Acct. No.: X20EF0004 Telluride, Colorado ) FORFEITURE ORDER Adopted: October 12, 2000 Released: October 16, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) against William S. Mills (``Mills''), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Mills' failure to file a license renewal application for Station KNKO605 prior to the expiration of the authorization for the station. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
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  • of Stations WRV927 & WXR916 ) NAL/Acct. No. X20EF0018 ) Cookeville, Tennessee ) FORFEITURE ORDER Adopted: November 1, 2000 Released: November 3, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) against Page-A-Phone, Inc. ("Page-A-Phone"), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Page-A-Phone's failure to file license renewal applications for Stations WRV927 and WXR916 prior to the expiration of the authorizations for the stations. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for
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  • (``Rules''). We conclude that Ford is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Ford's authorization for Public Mobile Radio Stations KNKM966, KNKM224, KNKL902, KNKO751 and KNKO274, expired on April 1, 1999. On March 7, 2000, Ford filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. Ford's waiver request indicates that Ford apparently operated paging facilities without authorization between April 1, 1999 and March 7, 2000. On April 20, 2000, the Commission granted Ford's waiver request and reinstated its authority to operate Stations KNKM966, KNKM224, KNKL902, KNKO751 and KNKO274. III. Discussion 3. Section 301 of the Act sets forth the general mandate
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  • of the Commission's Rules (``Rules''). We conclude that Page-Comm is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Page-Comm's authorization for Public Mobile Radio Station KPS323, expired on April 1, 1999. On January 5, 2000, Page-Comm filed an application for renewal of the authorization for that station and requested the waiver of Section 1.949 of the Commissions Rules. Page-Comm's waiver request indicates that Page-Comm apparently operated paging facilities without authorization between April 1, 1999 and January 5, 2000. On February 20, 2000, the Commission granted Page-Comm's waiver request and reinstated its authority to operate Station KPS323. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no person shall use
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  • Rules (``Rules''). We conclude that Ohio Bell is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Ohio Bell's authorization for Public Mobile Radio Station KQD612, expired on September 9, 1999. On December 14, 1999, Ohio Bell filed an application for renewal of the authorization for that station and requested the waiver of Section 1.949 of the Commissions Rules. Ohio Bell's waiver request indicates that Ohio Bell apparently operated paging facilities without authorization between September 9, 1999 and December 14, 1999. On February 20, 2000, the Commission granted Ohio Bell's waiver request and reinstated its authority to operate Station KQD612. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no
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  • conclude that Star Communications is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Star Communications' authorization for Public Mobile Radio Stations KNKC938, KNKJ977, KNKC272 and KNKC934, expired on April 1, 1999. On December 27, 1999, Star Communications filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. Star Communications' waiver request indicates that Star Communications apparently operated paging facilities without authorization between April 1, 1999 and December 27, 1999. On March 20, 2000, the Commission granted Star Communications' waiver request and reinstated its authority to operate Stations KNKC938, KNKJ977, KNKC272 and KNKC934. II. Discussion 3. Section 301 of the Act sets forth the
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  • 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. We have before us a request by World Learning, Inc. (World Learning) for renewal and reinstatement of its licenses for Fixed Microwave Service (FMS) Stations WNTC203, Brattleboro, Vermont, and WNTC204, Chesterfield, Vermont. In conjunction with the applications, World Learning submitted a request for waiver of Section 1.949 of the Commission's Rules to allow submission of its renewal applications after the licenses expired. For the reasons set forth below, we deny the waiver request and dismiss the above-captioned applications as untimely. Background. Last year, the Commission adopted a new policy regarding treatment of late-filed renewal applications in the wireless services. Renewal applications that are filed up to thirty
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  • ($6,000). Background 2. Commercial Radio's authorizations for the SMR stations expired on the dates indicated: WPFV467 (10/18/99), WPFV649 (10/21/99), WPFV705 (10/21/99), WPFV707 (10/21/99), WPFV709 (10/21/99), WPFV852 (10/21/99), WPFV924 (10/19/99), WPFV929 (10/20/99), WPFV961 (10/21/99), WPFV962 (10/21/99) and WPFU496 (10/11/99). On March 24, 2000, Commercial Radio filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. Commercial Radio's waiver request indicates that Commercial Radio apparently operated SMR stations without authorization between October, 1999 and March 24, 2000. On August 8, 2000, the Commission granted Commercial Radio's waiver request and reinstated its authority to operate the above mentioned SMR stations. II. Discussion 3. Section 301 of the Act sets forth the general mandate
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  • WPCA811 without a valid Commission authorization. We conclude that Checkpoint is apparently liable for a monetary forfeiture in the amount of five thousand dollars ($5,000). Background 2. Checkpoint's authorization for Paging Station WPCA811 expired on March 4, 1999. On December 16, 1999, Checkpoint filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. Checkpoint's waiver request indicates that it apparently operated its paging system without an authorization between March 4, 1999 and December 16, 1999. On April 3, 2000, the Commission granted Checkpoint's waiver request and reinstated its authority to operate Station WPCA811. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no person shall
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  • KKB659 ) Pampa, Texas ) NAL/Acct. No. X20EF0008 MEMORANDUM OPINION AND ORDER Adopted: March 14, 2000 Released: March 15, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of two thousand dollars ($2,000) against Pampa Communications Center, Inc. (``Pampa'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The alleged violations involve late-filed license renewal applications. On November 4, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``WTB'') issued the referenced Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of two thousand dollars ($2,000) to Pampa for the alleged violations. Pampa
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit '' Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Robert Ventresca ) (Call Sign WPDK454) ) ) Request for Waiver of Section 1.949(a) ) of the Commission's Rules ) ORDER Adopted: January 13, 2000 Released: January 14, 2000 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: . We have before us a request for waiver of section 1.949(a) of the Commission's rules filed by Robert Ventresca (Ventresca) on April 5, 1999 in connection with his untimely request
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  • St. Augustine and Jacksonville, Florida ) NAL/Acct. No. X20EF0009 MEMORANDUM OPINION AND ORDER Adopted: April 28, 2000 Released: May 1, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of three thousand dollars ($3,000) against Champion Services, Inc. (``Champion'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The alleged violations involve late-filed license renewal applications. On November 4, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``WTB'') issued the referenced Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of three thousand dollars ($3,000) to Champion for the alleged violations. Champion
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  • June 12, 2001 Released: June 14, 2001 By the Deputy Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. On January 17, 2001, North Eastern Massachusetts Law Enforcement Council (NEMLEC) filed the above-captioned renewal applications for its licenses for Operational Fixed Microwave Service (FMS) Stations WEH955, WEH956 and WEH957 in Wilmington, Massachusetts, and requested a waiver of Section 1.949 of the Commission's Rules to permit reinstatement of the licenses. For the reasons discussed below, we deny NEMLEC's waiver requests. Background. NEMLEC is a mutual aid organization of twenty-one police agencies, and maintains a radio repeater system for use by its member agencies. NEMLEC's licenses to operate Stations WEH955, WEH956 and WEH957, Wilmington, Massachusetts, which provide point-to-point communications for three
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  • D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau Application for Review of The Northcentral Broadcasting Co., filed December 21, 1999. In re Application of The North Central Broadcasting Co. for License Renewal of Station KNKI802 in Chelan, Washington, Order on Reconsideration, 14 FCC Rcd. 19,589 (1999). See The Northcentral Broadcasting Co. Request for Waiver of Sections 1.949 and 1.955 of the Commissions Rules Regarding Application for Renewal of License Filing Due Date and Termination of Authorization, filed March 10, 2000. Public Notice, Report No. 512 (April 26, 2000). (continued....) Federal Communications Commission Federal Communications Commission DA 01-150 ¯ È É û ü þ È ú û ý þ È ú û ý þ @& „0ý „0ý „0ý
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  • a cost-sharing basis. The membership is comprised of ambulance; tow truck, excavating service companies, as well as plumbing and electrical businesses. On April 10, 1995, the Commission granted D/FW a license to operate Station WPGW865, Dallas/Fort Worth, Texas. The authorization expired on April 10, 2000. On September 6, 2000, D/FW submitted the above-captioned application and request for waiver of Sections 1.949 and 90.149 of the Commission's Rules seeking renewal of its license to operate Station WPGW865. On January 30, 2001, the Branch denied D/FW's waiver request and dismissed the application because D/FW filed its application nearly five months past the renewal date. The Branch stated that D/FW did not provide sufficient reasoning upon which to justify a waiver of Sections 1.949
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  • station without a valid Commission authorization. We conclude that Verizon is apparently liable for a monetary forfeiture in the amount of five thousand dollars ($5,000). Background 2. Verizon's authorization for Paging Station KNKM760 expired on November 1, 1998. On February 7, 2000, Verizon filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. Verizon's waiver request states that it operated the subject paging system without an authorization between November 1, 1998 and February 7, 2000. On March 21, 2000, the Commission's Wireless Telecommunications Bureau granted Verizon's waiver request and reinstated its authority to operate Station KNKM760. III. Discussion 3. Section 301 of the Act sets forth the general mandate that
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  • 43. See NextWave Order on Reconsideration, 15 Fed Rcd 17500. February 4, 2000 Letter at 5. 48 C.F.R. § 1.2110(e)(4)(ii)(1994); IVDS Grace Period PN, 10 FCC Rcd 10724; see also 1995 IVDS Omnibus Order, 11 FCC Rcd at 1285 ¶ 19. Self Communications, Inc., Reinstatement Application for 218-219 MHz Service License KIVD0006, Chicago, Illinois and Request for Waiver of Sections 1.949(a) and 1.955(a)(1) of the Commission's Rules, DA 00-1134, Order and Notice of Apparent Liability for Forfeiture (rel. May 23, 2000) (``Self Communications''). Letter from Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, to Thomas Gutierrez, Esq., Counsel for Lancaster Communications, Inc., DA 98-2052 (rel. Oct. 9, 1998) (``Lancaster Communications''). Letter from Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, to Lloyd W.
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  • the Petition claims that the application sought renewal of the license, in response to Question 2 of FCC Form 601, Van Gelderen stated that the sole purpose of the application was to modify the license. Moreover, since Van Gelderen's application was not filed until after the license expired, Van Gelderen would have been required to obtain a waiver of Section 1.949(a) of the Commission's Rules, 47 C.F.R. § 1.949(a), which requires that applications for renewal of license be filed prior to the expiration date of the license. Van Gelderen did not request any waiver of the Commission's Rules. See FCC File No. 0000309991, Main Form, Response to Question 5. Accordingly, the application was properly dismissed. Federal Communications Commission DA 01-1715 Federal
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  • 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 the Commission would accept resubmitted applications if MCNC tendered them within thirty days of receiving the October 10, 2000 dismissal letters. Under Section 1.949 of the Commission's Rules, applications for renewal of authorizations in the Wireless Radio Services must be filed no later than the expiration date of the authorization for which renewal is sought. As MCNC has recognized, the subject licenses expired on October 4, 2000. Without a waiver of Section 1.949 of the Commission's Rules, the November 8 Renewal Applications were untimely.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit @ '' À À À À À Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Western Communications, Inc. Request for Waiver of Rule Section 1.949 to Reinstate License for 800 MHz Trunked Specialized Mobile Radio Service Station WNGC384 at Lead, South Dakota ) ) ) ) ) ) ) ) Reference No. 7110-19 ORDER Adopted: August 9, 2001 Released: August 10, 2001 By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: We have before us a Petition for Reconsideration filed July 24, 2000 by
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  • delay in filing, the reasons for the failure to timely file, the potential consequences to the public if the license should terminate, and the performance record of the licensee. MST submitted its renewal application almost six months after the expiration date of the license for Station WCU411, and it neither requested nor demonstrated that grant of a waiver of Section 1.949(a) of the Commission's Rules, which requires that renewal applications be filed no later than the expiration date of the authorization for which renewal is sought, is warranted. Therefore, regardless of whether the license was canceled erroneously on October 21, 1997, the renewal application is defective because it was filed untimely. Because MST has failed to offer any explanation as to
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  • for all application and licensing activity associated with commercial radio operator licenses on May 21, 2001. See Wireless Telecommunications Bureau to Begin Use of Universal Licensing System for Licensing in Commercial Radio Operator Services on May 21, 2001; Deployment Means Conversion of All WTB Services to ULS Is Now Complete, Public Notice, 16 FCC Rcd 9472 (WTB). 47 C.F.R. § 1.949(a); see also In the Matter of Biennial Regulatory Review - Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order, WT Docket No. 98-20, 13 FCC Rcd 21027 (1998). For example,
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  • granted Monroe licenses to operate Stations WNTX234, WNTX235, WNTX236, WNTX237, WNTX239, WNTX240 and WNTX481, Rochester, New York. On May 7, 2000, the Commission issued renewal reminder notices for Stations WNTX234, WNTX235, WNTX236, WNTX237, WNTX239, WNTX240 and WNTX481. The authorizations expired on August 3, 2000. On September 6, 2000, Monroe submitted the above-captioned applications and a request for waiver of Section 1.949 of the Commission's Rules seeking renewal of its license to operate Stations WNTX234, WNTX235, WNTX236, WNTX237, WNTX239, WNTX240 and WNTX481. On March 13, 2001, the Division denied Monroe's waiver request and dismissed the applications because Monroe did not describe any efforts it made to file the renewal applications until thirty-three days after the licenses expired. The Division found that Monroe
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Western Communications, Inc. Request for Waiver of Rule Section 1.949 to Reinstate License for 800 MHz Trunked Specialized Mobile Radio Service Station WNGC384 at Lead, South Dakota ) ) ) ) ) ) ) ) Reference No. 7110-19 ORDER Adopted: September 19, 2001 Released: September 20, 2001 By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: On August 10, 2001, the Commercial Wireless Division (``Division'') of the Wireless Telecommunications
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  • 2001 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION On September 6, 2000, San Francisco IVDS, Inc. (San Francisco) filed a petition seeking reinstatement and grant of its license renewal application for Station KIVD0012, San Francisco, California, in the 218-219 MHz Service. In conjunction with its request, San Francisco also requested a waiver of Sections 1.949(a) and 1.955(a)(1) of the Commission's Rules to permit such a late-filed license renewal application. In addition, on October 19, 2000, San Francisco submitted a request for special temporary authority (STA) to operate Station KIVD002. For the reasons discussed below, we deny San Francisco's Petition. However, we grant San Francisco's request for an STA for thirty days to conduct field tests.
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  • captioned station without a valid Commission authorization. We conclude that Verizon is apparently liable for a monetary forfeiture in the amount of five thousand dollars ($5,000). Background 2. Verizon's authorization for Air-Ground KWU228 expired on September 1, 1999. On March 10, 2000, Verizon filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. Verizon's waiver request states that it operated the air-ground system without an authorization between September 1, 1999 and March 10, 2000. On April 20, 2000, the Commission's Wirless Telecommunications Bureau granted Verizon's waiver request and reinstated its authority to operate Station KWU228. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no
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  • the Stations. In fact, KNTV was simply renewing its licenses to operate Stations WNTI263 and WNTI264 without modification(s). Consistent with precedent, we therefore conclude that it is appropriate to grant the relief requested by KNTV. 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 1.949 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 KNTV License, Inc. on May 4, 2001 IS GRANTED. IT IS FURTHER ORDERED that the Licensing and Technical Analysis Branch SHALL PROCESS KNTV License, Inc.'s pending applications, FCC File Nos. 0000459611 and 0000459831, in accordance with this Order and
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  • and correct, Sager's diligent efforts to file a timely renewal application and promptly correct any noted errors does not warrant a result as severe as license termination. We find that granting Sager's waiver request is in the public interest. Accordingly, we grant Sager's Petition. We also grant Sager's request for waiver of the deadline for filing renewal applications under Section 1.949(a) of the Commission's rules, accept Sager's application as of February 7, 2001, and refer the application to the Branch for processing. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 405, and Sections 1.106 and 1.925 of the Commission's Rules, 47 C.F.R. §§ 1.106, 1.925, the
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  • all application and licensing activity associated with commercial radio operator licenses on May 21, 2001. See Wireless Telecommunications Bureau to Begin Use of Universal Licensing System for Licensing in Commercial Radio Operator Services on May 21, 2001; Deployment Means Conversion of All WTB Services to ULS Is Now Complete, Public Notice, 16 FCC Rcd 9472 (WTB 2001). 47 C.F.R. § 1.949(a); see also In the Matter of Biennial Regulatory Review - Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order, WT Docket No. 98-20, 13 FCC Rcd 21027 (1998) (Report and
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  • reasons do not excuse its late filing, we deny its waiver request for acceptance of its late-filed renewal application for Station WLL906. Therefore, we dismiss its pending application to renew the license for Station WLL906 as untimely. 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 1.949 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
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  • No. 0000477311 ORDER Adopted: December 18, 2001 Released: December 26, 2001 By the Deputy Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. On May 23, 2001, Cayuga Onondaga Board of Cooperative Educational Services (Cayuga) filed the above-captioned renewal application for its license for Conventional Industrial/Business (I/B) Pool Station KNNN670, Auburn, New York, and requested waiver of Section 1.949 of the Commission's Rules to allow the application to be filed late. On the same date, Cayuga also requested reconsideration of the dismissal of a previously filed renewal application for Station KNNN670. For the reasons stated below, we deny Cayuga's waiver request and dismiss Cayuga's reconsideration petition. Background. On December 11, 2000, the Commission sent Cayuga a renewal reminder letter
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  • requisite filing fee did not accompany the application. When Econopage's application was dismissed on April 19, 1999, its license expiration became effective as of April 1, 1999. On September 29, 1999, Econopage requested Special Temporary Authority (``STA'') to operate. On October 15, 1999, Econopage filed a renewal application for paging station KNKJ435 and a request for a waiver of Section 1.949 of the Rules, which requires, in pertinent part, that ``[a]pplications for renewal of authorizations in the Wireless Radio Services must be filed no later than the expiration date of the authorization for which renewal is sought ....''. The STA request was granted on October 6, 1999. On December 13, 1999, the Wireless Bureau granted the request for waiver of Section
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  • in the amount of five thousand dollars ($5,000) to Checkpoint for the noted violation. Checkpoint filed a response to the NAL on January 16, 2001. II. BACKGROUND Checkpoint's authorization for Paging Station WPCA811 expired on March 4, 1999. On December 16, 1999, Checkpoint filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. On April 3, 2000, the Commission granted Checkpoint's waiver request and reinstated its authority to operate Station WPCA811. On December 14, 2000, the Enforcement Bureau, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules, issued the referenced NAL in the amount of five thousand dollars ($5,000) to Checkpoint for operating
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  • Background 2. Commercial Radio's authorizations for the captioned SMR stations expired on the dates indicated: WPFV467 (10/18/99), WPFV649 (10/21/99), WPFV705 (10/21/99), WPFV707 (10/21/99), WPFV709 (10/21/99), WPFV852 (10/21/99), WPFV924 (10/19/99), WPFV929 (10/20/99), WPFV961 (10/21/99), WPFV962 (10/21/99) and WPFU496 (10/11/99). On March 24, 2000, Commercial Radio filed applications for renewal of the authorizations for those stations and requested the waiver of Section 1.949 of the Commissions Rules. Commercial Radio's waiver request indicates that it operated the captioned SMR stations without authorization between October, 1999 and March 24, 2000. 3. In its response to the NAL, Commercial Radio argues that it is entitled to cancellation or mitigation of the proposed forfeiture on the basis of its ``history of overall compliance'' and because the violations
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  • FCC File No. R481481 ORDER Adopted: March 9, 2001 Released: March 12, 2001 By the Deputy Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION On July 10, 2000, Ameriflight, Inc. (Ameriflight) filed an application requesting the renewal of Industrial/Business Station WPGK309, Erlanger, Kentucky, forty-five days after its license authorization expired. It also requested waiver of Section 1.949 of the Commission's Rules, relating to the timely filing of an application to renew a license in the Wireless Radio Services. For the reasons discussed below, we deny Ameriflight's Waiver Request. II. BACKGROUND 2. On January 30, 1995, Ameriflight received its original authorization to operate Station WPGK309, on frequency 467.925 MHz, in the Erlanger, Kentucky area. The authorization had a
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  • for that failure. Moreover, to the extent Southwest's failure to timely file was caused by technical difficulties, private microwave services were converted in September 1999. Southwest thus had one year to familiarize itself with ULS and to ensure that it had the software needed to file with ULS. Accordingly, Southwest did not show good cause for a waiver of Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949. Federal Communications Commission DA 01-666 Federal Communications Commission DA 01-666 ~  <ýÿÿ @& „0ý „0ý „0ý „0ý „0ý „0ý „0ý „`ú „0ý 6 Â
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  • income. And (API) was one of the largest paging companies in the U.S., I have been told. Between the expiration of its license for station KNKK662 on April 1, 1999, and the grant of its renewal application, AA Beep had no authority to operate that station. AA Beep filed, with its renewal application, a request for a waiver of Section 1.949 of the Rules and for Special Temporary Authority to continue operating Station KNKK662 during the pendency of its renewal application. In that request, AA Beep asserted that: Disruption of service on this frequency would cause hardship to existing subscribers since this system has been operating many years, is presently being used and provides needed communications to businesses in an area
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  • (``NAL'') in the amount of five thousand dollars ($5,000) to Page-Comm for the noted violation. Page-Comm filed a response to the NAL on December 21, 2000. II. BACKGROUND Page-Comm's authorization for Station KPS323 expired on April 1, 1999. On January 5, 2000, Page-Comm filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949 of the Rules. Page-Comm's waiver request indicated that Page-Comm operated paging facilities without authorization between April 1, 1999 and January 5, 2000. On February 20, 2000, the Wireless Telecommunications Bureau granted Page-Comm's waiver request and reinstated its authority to operate Station KPS323. On November 29, 2000, the Enforcement Bureau issued an NAL for a forfeiture in the amount of $5,000
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  • Star filed its response on January 17, 2001. II. BACKGROUND 3. Between the expiration of Star's authorization for Stations KNKC938, KNKJ977, KNKC272 and KNKC934, on April 1, 1999, and the grant of its renewal application, Star had no authority to operate those stations. On December 27, 1999, Star filed, with its renewal application, a request for a waiver of Section 1.949 of the Rules. Star's waiver request indicates that Star operated Stations KNKC938, KNKJ977, KNKC272 and KNKC934 without authorization between April 1, 1999 and December 27, 1999. On March 20, 2000, the Commission staff granted Star's waiver request and reinstated its authority to operate Stations KNKC938, KNKJ977, KNKC272 and KNKC934. 4. In its response to the NAL, Star contends that imposition
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  • pagers had been transferred to another paging system and that it did not operate Station KNKK662 during the relevant period (April 1 - October 8, 1999). In our MO&O released on March 16, 2001, in which we first reconsidered the Forfeiture Order, we pointed out that AA Beep made the opposite claim in its request for a waiver of Section 1.949 of the Rules: Disruption of service on this frequency would cause hardship to existing subscribers since this system has been operating many years, is presently being used and provides needed communications to businesses in an area that is not located in a major metropolitan area (emphasis added). In its letter dated March 25, 2001, AA Beep says that the above
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  • DARDANELLE FIRE DEPARTMENT Application to Renew License for Station WNHQ335, Dardanelle, Arkansas ) ) ) ) ) ) FCC File No. 0000759170 ORDER Adopted: June 3, 2002 Released: June 13, 2002 By the Deputy Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: . Introduction. The City of Dardanelle Fire Department, Dardanelle, Arizona (Dardanelle) requests a waiver of Section 1.949 of the Commission's Rules to allow grant of its late-filed application to renew its license for Station WNHQ335, Dardanelle, Arkansas. For the reasons set forth below, we grant Dardanelle's request. . Background. Dardanelle has been the licensee of Station WNHQ335 since October 3, 1996. Station WNHQ335 is a private land mobile radio service station used by Dardanelle's Fire Department. Dardanelle's
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  • of former rule section 22.128(f). Link Two opposed the waiver request in its above-referenced Petition to Deny, the withdrawal of which is hereby approved. Pursuant to section 1.925(a) of the Commission's rules, 47 C.F.R. § 1.925(a), and in light of our approval of the Settlement Agreement, the Division on its own motion waives former rule section 22.145 (now rule section 1.949(a) (renewal application procedures)). Action by Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. Applications for Renewal and Modification of Paging and Radiotelephone Service Stations KNKI691, KNKG857 and KNKO310, File Nos. 0000101622, 0000101628 and 000101817, Request for Approval of Withdrawal of Pleadings. File Nos. 0000845395, 0000845413, and 0000845418. Although section 1.955(a)(1) of the Commission's rules provides that failure to file a
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  • §§154(i), 303(r), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. §§ 0.331, 1.925, the waiver request filed by Gene A. Smith for Station KNRT899 on February 12, 2001, 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 sections 0.331, 1.949, and 1.955 of the Commission's rules, 47 C.F.R. §§ 0.331, 1.949, 1.955, the renewal application filed by Gene A. Smith for Station KNRT899 on February 12, 2001, IS DISMISSED. IT IS FURTHER ORDERED that, pursuant to sections 4(i), 303(r), and 309(f) of the Communications Act, as amended, 47 U.S.C. §§ 4(i), 303(r), 309(f), and section 1.931 of the Commission's rules,
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  • §§154(i), 303(r), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R. §§ 0.331, 1.925, the waiver request filed by Gene A. Smith for Station KNRT731 on February 12, 2001, 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 sections 0.331, 1.949, and 1.955 of the Commission's rules, 47 C.F.R. §§ 0.331, 1.949, 1.955, the renewal application filed by Gene A. Smith for Station KNRT731 on February 12, 2001, IS DISMISSED. IT IS FURTHER ORDERED that, pursuant to sections 4(i), 303(r), and 309(f) of the Communications Act, as amended, 47 U.S.C. §§ 4(i), 303(r), 309(f), and section 1.931 of the Commission's rules,
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  • We note that assuming arguendo that Ryan could seek a renewal request, the subject application still would have been subject to dismissal. Specifically, such application seeking renewal of the license for Station WIH657 would have been premature. Applications for renewal of license may not be filed more than ninety days prior to the expiration of the license. 47 C.F.R. § 1.949(a). While the license for Station WIH657 was scheduled to expire on August 7, 2000, Ryan filed his application on January 28, 2000, or over six months before the license was scheduled to expire. Accordingly, the January 28, 2000 filing was premature. (continued....) Federal Communications Commission DA 02-1929 Federal Communications Commission DA 02-1929 0 1 Ä Å � � @& C
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  • ) ) ) ) ) FCC File No. 0000598246 MEMORANDUM OPINION AND ORDER Adopted: August 5, 2002 Released: August 8, 2002 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION We have before us a request by the County of Mecklenburg, North Carolina (Mecklenburg) for a waiver of Sections 90.683(b), 90.615, 90.617(d) and 90.681 or Section 1.949 of the Commission's Rules. Mecklenburg requests the waiver to permit it to obtain a license to operate an 800 MHz General Category Station in Charlotte, North Carolina. Specifically, Mecklenburg seeks replacement of an expired license for Station WNUL988, Charlotte, North Carolina. Mecklenburg applied for a new license through a December 18, 2001 application for frequencies in the 800 MHz General
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  • the required time period. On June 25, 2001, San Bernard filed an application for Special Temporary Authority (STA) to operate the station, which the Branch granted on June 27, 2001, under Call Sign WPSN406. On July 10, 2001, San Bernard filed a new application, which it subsequently amended on July 23, 2001, to include a request for waiver of Section 1.949 of the Commission's Rules seeking renewal of its license to operate Station WNSZ920. In its waiver request, San Bernard stated that (a) on May 11, 2001, it submitted a credit card payment for the application filing fee, but that it was not clear whether the credit card payment was processed so San Bernard contacted the Commission on May 21, 2001,
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  • backup to the in-house paging and telephone systems. On December 21, 2001, the Deputy Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau issued the Waiver Denial Letter. The Waiver Denial Letter dismissed the renewal application for Station KLD816 because Long Beach's attempts to file its application did not demonstrate sufficient due diligence to justify a waiver of Section 1.949. The Waiver Denial Letter also concluded that Long Beach's failure to file an acceptable renewal application within thirty days of the license expiration date was a result of Long Beach not following the specific directions and instructions provided by the Commission in its correspondence and notices. The Commission received a copy of the Petition, which was dated January 11, 2002,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ( ( ( ( ( ( ( ( ¤ Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Billy Williford d/b/a Jasper Mobil Phone Request for Waiver of Rule Section 1.949 to Reinstatement License for Part 22 Public Land Mobile Radio Service on 152.78 MHz At Station KNKI515, Jasper, Texas ) ) ) ) ) ) ) ) File No. 0000207534 ORDER Adopted: January 7, 2002 Released: January 8, 2002 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: introduction On December 12, 2000, the Commercial Wireless
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  • for paying its hearing fee''). Reconsideration Petition at 12-14; see WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) Reconsideration Petition at 13. Id. at 13. Wait Radio v. FCC, 418 F.2d at 1156. Self Communications, Inc., Reinstatement Application for 218-219 MHz Service License KIVD0006, Chicago, Illinois and Request for Waiver of Sections 1.949(a) and 1.955(a)(1) of the Commission's Rules, Order and Notice of Apparent Liability for Forfeiture, 15 FCC Rcd 18661 (PSPWD 2000) (``Self Communications''). See Letter from William W. Kunze, Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau, to Kathryn A. Zachem, Esq., dated January 21, 2000, File No. 0000072588; Letter from William W. Kunze, Deputy Chief, Commercial Wireless Division, Wireless Telecommunications
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  • FCC Rcd at 8007 ¶ 5. See id. The Division explained that a licensee's inadvertent failure to renew its license in a timely manner is not a unique or unusual circumstance that would render application of the rule in question inequitable, unduly burdensome, or contrary to the public interest. See id. (internal citations omitted). See id. (citing 47 C.F.R. § 1.949; 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, Memorandum Opinion and Order on Reconsideration, Docket No. 98-20, 14 FCC Rcd 11476 (1999)). See Order, 17 FCC Rcd
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit * * * * * * * * ¬ Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of MALDEN R-1 SCHOOL DISTRICT Request for Waiver of Section 1.949 of the Commission's Rules to Reinstate Licenses for Fixed Microwave Services Stations WPNE336 (Malden, MO), WPNE337 (Bernie, MO), WPNE338 (Clarkton, MO), and WPNE340 (Gideon, MO) ) ) ) ) ) ) ) ) ) ) FCC File Nos. 0000942369, 0000942376, 0000942402, 0000942543 ORDER Adopted: November 18, 2002 Released: November 20, 2002 By the Deputy Chief, Public Safety and Private Wireless
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  • 2002 Released: February 25, 2002 By the Deputy Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Division: Introduction. On September 5, 2001, the Spofford City Fire District (Spofford) and the Town of Jaffrey, New Hampshire (Jaffrey) filed the above-captioned renewal applications for Conventional Public Safety Pool Stations KCE935 and KCF416, respectively. Spofford and Jaffrey jointly requested waiver of Section 1.949 of the Commission's Rules to allow the applications to be filed late. For the reasons stated below, we deny Spofford and Jaffrey's waiver request and dismiss their applications. Background. Stations KCE935 and KCF416 are both authorized to operate on frequencies 153.7700 MHz and 154.4300 MHz and are used for fire department activities and communications in the Cheshire County, New Hampshire
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Ä Ä Ä Ä „ „ Ä Ä Ä Ä Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of JEN-SHENN SONG Renewal Application for Station WNKS326 And Request for Waiver of Section 1.949(a) Of the Commission's Rules ) ) ) ) ) ) ) File No. D139187 ORDER Adopted: February 25, 2002 Released: February 26, 2002 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION On March 20, 2000, Jen-Shenn Song (Song) filed the above-captioned application for renewal of its license for Station WNKS326, together with a request
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit j j j j j j Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of JEN-SHENN SONG Renewal Application for Station WNKS326 And Request for Waiver of Section 1.949(a) Of the Commission's Rules ) ) ) ) ) ) ) File No. D139187 ORDER ON RECONSIDERATION Adopted: March 4, 2002 Released: March 5, 2002 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION On February 26, 2002, the Commercial Wireless Division's Policy and Rules Branch released an order (February 26 Order) in the above-captioned
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  • at 4-6. Petition at 5-7. Petition at 4. Auction 40 closed December 5, 2001. See former rule section 22.45, 47 C.F.R. § 22.45 (1983). As Kittitas acknowledges, the Commission did not adopt license expiration dates on a license-by-license basis until the mid-1990s. Petition at 6, fn 9. License Renewal PN at 1. 47 C.F.R. § 1.926(b) (1996). Current Commission rule 1.949(a), 47 C.F.R. § 1.949(a), requires timely renewal. 47 C.F.R. § 22.144(a) (1996). See also current Commission rule 1.955(a)(1), 47 C.F.R. § 1.955(a)(1). Kittitas's failure to timely submit its renewal application could not have been the result of confusion over whether former rule section 22. 45 governed, as Kittitas did not submit its renewal application until 19 months after the date
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  • current authorizations. Ordering Clauses 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(d), and Section 1.939 of the Commission's Rules, 47 C.F.R. § 1.939, the Petition to Deny filed by TRW, Inc. on April 10, 2001, IS DISMISSED. IT IS FURTHER ORDERED that, pursuant to Sections 1.949 and 101.17 of the Commission's Rules, 47 C.F.R. §§ 1.949, 101.17, renewal applications filed by Commco Technology, LLC, Debtor and Debtor-in-Possession, FCC Nos. 0000351676, 0000351289, SHALL BE GRANTED. This action is taken under delegated authority granted 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
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  • matter. See Waiver Request at 1. See, e.g., Sierra Pacific Power Company, Order, 16 FCC Rcd 188 (WTB PSPWD 2001); First National Bank of Berryville, Order, 15 FCC Rcd 19693 (WTB PSPWD 2000); Sierra-Plumas Rural Electric Cooperative, Order, 15 FCC Rcd 5572 (WTB PSPWD 2000); Duke Power Company, Order, 14 FCC Rcd 19431 (WTB PSPWD 1999). See 47 C.F.R. § 1.949; 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, Memorandum Opinion and Order on Reconsideration, Docket No. 98-20, 14 FCC Rcd 11476 (1999). (continued....) Federal Communications Commission DA
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  • expiration date for Monroe's modified license remained the same as the original expiration date, October 31, 2000. Monroe failed to submit a renewal application and the status of the license was changed to cancelled in the Commission's database on December 31, 2000. On March 22, 2001, Monroe filed an application for renewal along with a request for waiver of Section 1.949(a) of the Commission's rules, which requires that renewal applications be filed prior to license expiration. Section 1.955(a) of the Commission's rules provides that a license automatically terminates on its expiration date unless a timely application for renewal is filed. In his Waiver Request, Monroe stated that he did not timely file a renewal application because he believed that, in situations
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  • 2001. On August 20, 2001, a renewal reminder was sent to Pearl. On November 13, 2001, Pearl's license for Station KWH613 expired by its own terms due to the absence of a timely filed renewal application. On April 12, 2002, Pearl filed the above-captioned application to renew its license. With the application, Pearl submitted a request for waiver of Section 1.949 of the Commission's Rules to allow submission of its renewal application after the date of license expiration. In the waiver request, Pearl stated, ``Due to the Anthrax scare, we were unable to get this application to you in a timely manner.'' By letter dated October 9, 2002, the Division denied Pearl's waiver request. The Denial Letter stated that Pearl had
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit æ FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 DA 03-1198 April 23, 2003 Richard D. Rubino, Esq. Blooston, Mordkofsky, Dickens, Duffy & Prendergast 2120 L Street, N.W., Suite 300 Washington, D.C. 20037 Re: Request for Waiver Dear Mr. Rubino: This letter responds to the request for waiver of Sections 1.949 and 90.20(d)(60) of the Commission's Rules that you filed on November 15, 2002 on behalf of the St. Joseph's Medical Center of Stockton (St. Joseph's) for leave to file a late application to renew the license for Conventional Public Safety Station KWE378, Stockton, California. For the reasons set forth below, we grant the waiver request in part and deny it
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  • 47 U.S.C. §§ 154(i), 303(r), 405, and Sections 0.331, 1.106, and 1.931 of the Commission's rules, 47 C.F.R. §§ 0.331, 1.106, 1.931, Nextel's Petition for Reconsideration filed on July 1, 2002, is DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau Western Communications, Inc., Request for Waiver of Rule Section 1.949 to Reinstate License for 800 MHz Trunked Specialized Mobile Radio Service Station WNGC384 at Lead, South Dakota, Order, 16 FCC Rcd 15240 (2001). The Division Order also granted Western Special Temporary Authority to operate WNGC384 to give its customers the opportunity to transition to another carrier. Western Communications, Inc., Request for Waiver of Rule Section 1.949 to Reinstate License for
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  • Public Notice sets forth the minimum opening bids for each license offered in Auction No. 48. 47 C.F.R § 1.65. 47 C.F.R. § 1.2105(b). Id. See Auction No. 48 Procedures Public Notice at 8-10. See, e.g., Maximum Communications, Inc. (``Maximum'') Applications, ULS File Nos. 1282221 and 1282236, filed April 21, 2003. In its applications, Maximum seeks a waiver of Section 1.949(a) of the Commission's rules, 47 C.F.R. § 1.949(a), to permit it to renew two expired authorizations for one-way paging facilities under call signs KNKM424 and KNKO680 on 931.7125 MHz. On April 23, 2003, Maximum also filed a request with the Wireless Telecommunications Bureau to correct the Universal Licensing System (``ULS'') database to add ten transmitter site locations to its authorization
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  • Memorandum Opinion and Order on Reconsideration we address a Petition for Reconsideration (Reconsideration Petition) filed by San Francisco IVDS, Inc. (San Francisco). San Francisco seeks reconsideration of a Memorandum Opinion and Order (MO&O) issued by the Public Safety and Private Wireless Division (Division) of the Wireless Telecommunications Bureau (Bureau). The MO&O denied San Francisco's request for a waiver of Sections 1.949(a) and 1.955(a)(1) of the Commission's Rules to permit acceptance of a late-filed license renewal application for Station KIVD0012, San Francisco, California, an expired authorization in the 218-219 MHz Service. For the reasons, discussed below, we deny the Reconsideration Petition. BACKGROUND On March 28, 1994, Raveesh K. Kumra was granted a 218-219 MHz Service license to operate Station KIVD0012 in the
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  • No. 90-481, 6 FCC Rcd 7297, 7301 ¶ 20 (1991). Although the rules permit PLMR licensees to submit paper filings by mail, the Commission highly recommends that applicants file electronically. The on-line error checking and fee calculations greatly reduce the chance of returns. Attached hereto, as Attachment A, are instructions for manually renewing a PLMR license. See 47 C.F.R. § 1.949. under ``Getting Started''. See discussion of FRN below. In certain instances, applicants may request a refund of their original filing fees pursuant to 47 C.F.R. § 1.113. That is, the application will be treated as if it had been timely filed. The Commission will grant a waiver if (a) it is in the public interest and the underlying purpose of
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  • all of the facts and circumstances, including the length of the delay in filing, the reasons for the failure to timely file, the potential consequences to the public if the license should terminate, and the performance record of the licensee. An initial requirement for grant of a late-filed renewal application is the filing of a renewal application pursuant to Section 1.949 of the Commission's Rules and a waiver request pursuant to Section 1.925 of the Commission's Rules. Zappia filed neither. Consequently, we agree with LTAB that Zappia did not submit the materials necessary for the relief he now seeks. Because the license had expired, LTAB correctly denied Zappia's motion to correct the Commission's records. We therefore deny the petition for reconsideration.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA03-2729 August 22, 2003 Waiver Requests Required for Late-Filed Renewal Applications in Most Wireless Services The Universal Licensing System (ULS) is being modified to be more consistent with § 1.949 of the Commission's rules. Effective August 29, 2003, most renewal requests filed electronically after the license expiration date must be filed as Renewal Modifications (RMs) and must be accompanied by the appropriate waiver request and, if applicable, waiver fee. The Wireless Telecommunications Bureau (Bureau) reminds its licensees that applications for license renewal must be filed on a timely basis. For
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  • 15, 2001 as untimely filed because it was filed after the license expiration date, and did not include a request for waiver to submit a late-filed renewal application. On November 27, 2001, State Contracting again filed an application requesting renewal of its license for Station WZE725. In conjunction with its application, State Contracting submitted a request for waiver of Section 1.949 of the Commission's Rules to allow filing of the renewal application after the license expiration date. In the waiver request, State Contracting stated that (a) it did not receive a renewal notification despite having reported a change of address in 1999; (b) it was focused on meeting the needs of clients following the events of September 11, 2001 by processing
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  • Pool Conventional Private Land Mobile Radio Station WPBX284, Columbus, New Mexico ) ) ) ) ) ) ) ) FCC File No. 0001301769 ORDER Adopted: December 4, 2003 Released: December 9, 2003 By the Associate Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: Introduction. The Village of Columbus Police Department (Columbus Police Department) requests a waiver of Section 1.949 of the Commission's Rules to allow grant of its late-filed application to renew/modify its license for Public Safety Station WPBX284, Columbus, New Mexico. For the reasons set forth below, we deny Columbus Police Department's request. Background. The Columbus Police Department's license for Station WPBX284 expired on March 26, 2003. On May 5, 2003, the Columbus Police Department filed the above-captioned
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  • the FCC sent a renewal reminder notice for Station KVA588 to the contact address listed on the license. On January 14, 2002, the authorization for Station KVA588 expired by its terms. On February 21, 2002, McDowell filed an application for renewal of its license for Station KVA588. In conjunction with its application, McDowell submitted a request for waiver of Section 1.949 of the Commission's Rules to allow submission and acceptance of its renewal application after the license expiration date. In the waiver request, McDowell stated that (a) McDowell was a partner in the Gentz Construction and when the company split up all FCC correspondence was sent to and handled by the old ownership; (b) the renewal information was never relayed to
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit € € € € @ @ € € € € Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of JEN-SHENN SONG Renewal Application for Station WNKS326 and Request for Waiver of Section 1.949(a) of the Commission's Rules ) ) ) ) ) ) ) File No. D139187 SECOND ORDER ON RECONSIDERATION Adopted: January 10, 2003 Released: January 13, 2003 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: introduction This order denies the petition filed by Nextel License Holdings 4, Inc. (Nextel) on April 4, 2002, seeking reconsideration of
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  • notes, Mellon Bank deposited the check on March 5, 2001 (which was the first business day after Friday, March 2, 2001). Id. Ref. No. 830086, Dismissal Letter sent Mar. 7, 2001. The letter was sent to Huntsman Corporation, Conroe, TX 77305, Attn: Plant Manager. This was the contact information listed on Huntsman's license for Station KNNF936. See 47 C.F.R. § 1.949(a) (renewal applications must be filed no later than the expiration date of the authorization for which renewal is sought). See Letter dated May 10, 2002, from Ray L. Viada, Contracts Coordinator, Huntsman Corporation, to Federal Communications Commission (received May 31, 2002). Denial Letter at 1. Petition at 1. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f).
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  • all of the arguments in this case before making a determination regarding automatic cancellation of Olson's license. We therefore deny Nextel's request to dismiss Olson's opposition as untimely filed. We also consider the arguments raised in Olson's response. 47 C.F.R. § 90.631(f); see In the Matter of Jen-Shenn Song Renewal Application for Station WNKS326 and Request for Waiver of Section 1.949(a) of the Commission's Rules, Order, 17 FCC Rcd 3503, 3508, ¶ 10 (CWD 2002) (stating that'' Section 90.631(f) of the Commission's rules provides that base stations for SMR trunked systems are not considered to be in operation unless at least two associated mobile stations, or one control and one mobile station, are also placed into operation''). 47 C.F.R. § 90.655;
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  • Introduction. We have before us a petition filed by the Spokane School District # 81 (SSD), requesting reconsideration of the decision by the Licensing and Technical Analysis Branch (Branch) of the Wireless Telecommunications Bureau's Public Safety and Private Wireless Division, which dismissed SSD's late-filed application to renew IG Station KJI263, Spokane, Washington, and denied SSD's request for waiver of Section 1.949 of the Commission's Rules. For the reasons stated below, the petition is dismissed. 2. Background. SSD's license for Station KJI263 expired on April 14, 2003. Pursuant to Section 1.949, SSD's renewal application was due on that date. However, SSD did not file a renewal application until June 27, 2003. On September 22, 2003, the Branch denied SSD's waiver request, and
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  • causes interference to an FSS or MSS licensee. See 47 C.F.R. § 101.97; see also 18 GHz Report and Order, 15 FCC Rcd at 13460-70 ¶¶ 61-84. See 47 C.F.R. § 101.147(r)(7)-(8). See Petition at 2. See id. See FCC File Nos. 0001149729 (WPNH669), 0001149730 (WPNH670). See Dismissal Letters Ref. Nos. 1691266 (WPNH669), 1691267 (WPNH670); see also 47 C.F.R. § 1.949 (renewal applications must be filed prior to the expiration date of the license). See e.g. FCC File Nos. 0001179546 (WPXA636), 0001179589 (WPXA638). The STAs subsequently were renewed twice, but expired by their own terms on May 3, 2004. See Waiver request attachment to FCC File Nos. 001220304, 0001220313. Id. See Dismissal Letters Ref. Nos. 1834058, (0001220304), 1834059 (0001220313). See Petition
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit š Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of DISNEYLAND RESORT Request for Waiver of Section 1.949 of the Commission's Rules to Reinstate License Trunked Business Category 900 MHz Station WNYX856 Request for Waiver of the Application Freeze in the 900 MHz Band Petition for Reconsideration of the Termination of Private Land Mobile Radio Station License WNYX856 Motion for Stay of Termination of Private Land Mobile Radio Station License WNYX856 ) ) ) ) ) ) )
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  • 1934, as amended, 47 U.S.C. §§ 154(i), 405, and Sections 1.106 of the Commission's Rules, 47 C.F.R. §§ 1.106 the Petition for Reconsideration filed by Gulf Coast Christian School on April 8, 2005 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), 309, and Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the Broadband Division SHALL REINSTATE the license for Educational Broadband Service stations WNC238, as well the application for renewal of license filed by Gulf Coast Christian School (File No. 0001655506). IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §
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  • its petition for reconsideration and its request for reinstatement are moot. We note that Big Sky's BTA authorization expired by its original terms on March 28, 2006. Because the authorization was considered cancelled, Big Sky was not able to utilize the Commission's Universal Licensing System to apply for renewal of the BTA authorization within the time frame required under Section 1.949(a) of the Commission's Rules. Once the BTA authorization is restored on the Universal Licensing System, Big Sky will be required to apply for renewal of the authorization. We therefore direct Big Sky to file an application for renewal of license for the BTA authorization (call sign B064) within sixty days of the release of this Order. On our own motion,
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  • days from the date of this Order to render payment in full pursuant to section 1.2110(g)(4). We note that if SoFast's BTA authorization had not automatically canceled, it would have expired on March 28, 2006. Because the authorization was considered canceled, SoFast was not able to apply for renewal of the BTA authorization within the time frame required under Section 1.949(a) of the Commission's rules. Once the BTA authorization is restored in the Universal Licensing System (``ULS''), SoFast will be required to apply for renewal of the authorization. We therefore direct SoFast to file an application for renewal of license for the BTA authorization (call sign B171) within sixty (60) days of the release of the Order. On our own motion,
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  • apparently liable for a forfeiture in the amount of five thousand two hundred dollars ($5,200) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Hare Planting acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background Hare Planting was granted a PLMRS station license under call sign WNQC202 on May 28, 1999, with an expiration date of August 14, 2004. On November 29, 2005, Hare Planting filed a request for Special Temporary Authority (``STA'') to continue operating its PLMRS station. The Wireless Telecommunications Bureau granted Hare Planting STA to continue
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  • 47 C.F.R. § 1.934, that the application for renewal of license of Station WLX575 filed by Junior College District of Metropolitan Kansas City, Missouri on May 6, 2005 (File No. 0002151610) IS DISMISSED AS MOOT. 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 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the Broadband Division SHALL REINSTATE AND PROCESS the applications filed by Junior College District of Metropolitan Kansas City, Missouri (File No. 0001784407), Twiggs County Middle School (File No. 20020920AAB) and Lamesa Independent School District (File No. 0001801289) in accordance with this Order on Reconsideration and the Commission's rules and policies. IT
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  • 405, and Sections 1.106 of the Commission's Rules, 47 C.F.R. §§ 1.106 the Petitions for Reconsideration filed by Demopolis City Board of Education and Marengo County Board of Education on March 31, 2005 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 Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the Broadband Division SHALL REINSTATE the licenses for Educational Broadband Service stations WNC331 and WNC330, as well the applications for renewal of license filed by Demopolis City Board of Education (File No. 0001781953) and Marengo County Board of Education (File No. 0001781941). IT IS FURTHER ORDERED, pursuant to Sections 4(i) and
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  • §§ 154(i) and 405(a), and Section 1.106 of the Commission's Rules, 47 C.F.R. § 1.106, the Petition for Reconsideration filed by University of Nebraska Foundation and Gryphon Wireless, LLC on November 4, 2004 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 Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the licensing staff of the Broadband Division SHALL PROCESS the application for renewal of license filed by Central Catholic High School Foundation (File No. 20031008AAB) in accordance with this Order on Reconsideration and the Commission's rules and policies. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331
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  • forfeiture penalty should be imposed. The Commission will then issue a forfeiture if it finds by a preponderance of the evidence that the person has violated the Act or a Commission rule. Section 301 of the Act and Section 1.903(a) of the Rules require that wireless stations be used and operated under a valid license granted by the Commission. Section 1.949(a) of the Rules requires that applications for renewal of wireless licenses be filed ``no later than the expiration date'' and ``no sooner than 90 days prior to the expiration'' of the authorization for which renewal is sought. Absent a timely filed renewal application, a wireless license automatically terminates at the end of the authorization period. As stated previously, GPC did
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  • U.S.C. §§ 154(i), 405, and Sections 1.106 of the Commission's Rules, 47 C.F.R. §§ 1.106 the Petition for Reinstatement and the accompanying Request for Waiver filed by Lois Hubbard on November 28, 2003 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 Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the Broadband Division SHALL REINSTATE the license for Broadband Radio Service Station WMI307, as well the application for renewal of license filed by Lois Hubbard (File No. 20031128AAA). 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,
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  • 0.331 and 1.946(e) of the Commission's rules, 47 C.F.R. §§ 0.331, 1.946(e), the construction deadlines for the Wireless Communications Service licenses listed in Attachment A to this Order are extended to July 21, 2010. 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 sections 0.331 and 1.949 of the Commission's rules, 47 C.F.R. §§ 0.331, 1.949, the request filed by the WCS Coalition to conditionally grant applications for WCS license renewal IS DENIED. 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 sections 0.331 and 1.949 of the Commission's rules, 47 C.F.R. §§
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  • amended, 47 U.S.C. §§ 154(i) and 405(a), and Section 1.106 of the Commission's Rules, 47 C.F.R. § 1.106, the Petition for Reconsideration filed by Minnesota Valley Television Improvement Corporation on August 1, 2006 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 Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the Broadband Division SHALL REINSTATE the application for renewal of license filed Minnesota Valley Television Improvement Corporation (File No. 0002526697). 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 1.949 of the Commission's Rules, 47
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  • Texas, apparently liable for a forfeiture in the amount of five thousand two hundred dollars ($5,200) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Imperial acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background Imperial was granted a PLMRS station license under call sign WPPD863 on November 4, 1999, with an expiration date of November 4, 2004. Imperial failed to file for renewal of the station's license and the license expired on its own terms on November 4, 2004. On June 28, 2006, Imperial filed a request for
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  • apparently liable for a forfeiture in the amount of seven thousand five hundred dollars ($7,500) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Mitchell Electric acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background On June 26, 2006, Mitchell Electric filed a request for Special Temporary Authority (``STA'') to continue operating its PLMRS station WNWZ353 because the station license had expired on August 6, 2001. The Wireless Telecommunications Bureau granted Mitchell Electric STA to continue operating the station under call sign WQFH332 on July 14, 2006. On August
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  • ($9,200) for operating a PLMRS station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Enforcement Bureau (``Bureau'') to provide certain information and documents. GGP acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). background GGP was granted a PLMRS station license under call sign WPPT427 on April 3, 2000, with an expiration date of April 3, 2005. GGP's license to operate station WPPT427 expired on April 3, 2005, because it failed to file a renewal application. On April 17, 2006 - over a year after its authorization expired
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  • Harbors, Minnesota, apparently liable for a forfeiture in the amount of twenty thousand, eight hundred dollars ($20,800) for operating its PLMRS stations without Commission authority and for failing to file timely renewal applications for the stations. CLP acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). background CLP's licenses for its PLMRS stations, WYU920, WYU921, WFK224 and KA40187, expired on July 17, 2004. On June 26, 2006, CLP filed a request for Special Temporary Authority (``STA'') to continue operating. The Wireless Telecommunications Bureau granted CLP STA to continue operating under call sign WQFG667 on July 11, 2006. Because it appeared that
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  • ($9,200) for operating a PLMRS station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Enforcement Bureau (``Bureau'') to provide certain information and documents. RSDC acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). background RSDC was granted a PLMRS station license under call sign WPMV711 on January 29, 1999, with an expiration date of January 29, 2004. RSDC's license to operate station WPMV711 expired on January 29, 2004, because it failed to file a renewal application. On June 19, 2006- more than two years after its authorization expired
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  • Kentucky apparently liable for a forfeiture in the amount of five thousand, two hundred dollars ($5,200) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. JSMC acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background JSMC's license for its PLMRS station, WPOY291, expired on August 31, 2004. On August 30, 2006, JSMC filed a request for Special Temporary Authority (``STA'') to continue operating. The Wireless Telecommunications Bureau granted JSMC STA to continue operating under call sign WQFP653 on September 1, 2006. Because it appeared that JSMC may have operated
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  • 25, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand two hundred dollars ($5,200) against Hare Planting Co., Inc. (``Hare Planting'') for willful and repeated violations of Section 301 of the Communications Act of 1934 (``Act''), as amended, and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve operating a Private Land Mobile Radio Service (''PLMRS'') station without Commission authority and failing to file a timely renewal application for the station. II. BACKGROUND Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of any apparatus for the transmission of energy or communications
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  • and 21.19 of the Commission's Rules, 47 C.F.R. §§ 21.11, 21.19, the Petition for Reinstatement and the accompanying Request for Waiver filed by Satellite Signals of New England, Inc. on October 12, 2004 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 Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the licensing staff of the Broadband Division SHALL PROCESS the application for renewal of license filed by Satellite Signals of New England, Inc. (File No. 0001906273) in accordance with this Memorandum Opinion and Order and the Commission's rules and policies. This action is taken under delegated authority pursuant to Sections 0.131
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  • 1934, as amended, 47 U.S.C. § 154(i), and Section 1.46 of the Commission's Rules, 47 C.F.R. § 1.46, that the Request for Extension of Time filed by Rohel Pascual on September 16, 2005 IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the licensing staff of the Broadband Division SHALL PROCESS the renewal application filed by Rohel Pascual on April 30, 2001, as amended, (File No. 20010430AAB) in accordance with the instant waiver grant and the Commission's Rules. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
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  • for Forfeiture, we find Doss Aviation Inc. (``Doss''), former licensee of Private Land Mobile Radio Service (``PLMRS'') station WPPZ915, in Corpus Christi, Texas, apparently liable for a forfeiture in the amount of five thousand, two hundred dollars ($5,200) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). The noted apparent violations involve Doss' operation of a PLMRS station without Commission authority and its failure to file a timely renewal application for the station. background Doss was granted a PLMRS station license under call sign WPPZ915 on April 11, 2000, with an expiration date of April 11, 2005. Doss failed to file for
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  • 20554 In the Matter of Forty-one Late-Filed Applications For Renewal of Educational Broadband Service Stations ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: January 25, 2007 Released: January 25, 2007 By the Chief, Broadband Division, Wireless Telecommunications Bureau: Introduction We have before us forty-one late-filed applications to renew Educational Broadband Service (EBS) Stations with associated requests to waive Section 1.949(a) of the Commission's Rules to permit the untimely filing of the renewal applications. For the reasons discussed below, we grant the waiver requests and direct processing of the associated renewal applications. background Over the past three years, the Commission has sought to promote the delivery of wireless broadband and educational services through its reevaluation of the rules and policies governing
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  • station WPKW900, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Kimberly Clark acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background On November 13, 2001, an application was filed with the Commission's Wireless Telecommunications Bureau (``Wireless Bureau'') to assign the license for PLMRS station WPKW900 from HK Systems to Kimberly Clark. The license for WPKW900 had an expiration date of August 22, 2002. On July 19, 2006, Kimberly Clark filed with the Wireless Bureau a
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  • California, apparently liable for a forfeiture in the amount of five thousand, two hundred dollars ($5,200) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Sakaida acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background On June 19, 2006, Sakaida filed a request for Special Temporary Authority (``STA'') to continue operating its PLMRS station WIM375 because the station license had expired on June 26, 2005. The Wireless Telecommunications Bureau (``WTB'') granted Sakaida STA to continue operating the station under call sign WQFD608 on June 21, 2006. On November 28,
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  • dollars ($10,500) for operating a PLMRS station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Enforcement Bureau (``Bureau'') to provide certain information. Yellow Cab acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). background Yellow Cab was granted a PLMRS station license under call sign KNHW827 on August 27, 1998, with an expiration date of November 16, 2003. Yellow Cab did not file a renewal application and thus its license to operate station KNHW827 expired on November 16, 2003. In October 2006, the Enforcement Bureau received a complaint
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  • for Reconsideration (filed Mar. 2, 2007) (IDT Spectrum Petition). Letter from Joel D. Taubenblatt, Chief, Broadband Division, Wireless Telecommunications Bureau, FCC, to Gregory V. Haledjian, Esq., IDT Spectrum, LLC, dated January 31, 2007 (Division Letter). The Division also therein acted on 103 applications that were filed by IDT Spectrum on August 30, 2006 seeking (1) waivers of 47 C.F.R. §§ 1.949(b), 101.67 to extend the license periods for 103 Fixed Service (FS) licenses in the 38.6 - 40.0 GHz band (39 GHz band) to October 18, 2010 and (2) waivers and extensions of time to comply with the substantial service requirements set-forth in 47 C.F.R. § 101.17(a) for those 103 licenses. The Petition, as filed with respect to those 103 FS
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  • Rules, 47 C.F.R. § 1.106, IT IS ORDERED that the petition for further reconsideration filed by Colorado Materials Holding Corporation on February 20, 2007 IS GRANTED, and the grant of application FCC File No. 0002036574 to cancel the license for Station WPRK272 IS RESCINDED. IT IS FURTHER ORDERED that Colorado Materials Holding Corporation is hereby granted a wavier of Section 1.949(a) of the Commission's Rules, 47 C.F.R. § 1.949(a), and is, thus, permitted to file a renewal application for Station WPRK272. This waiver IS CONDITIONED on Colorado Materials Holding Corporation filing a renewal application within sixty days of release of this Order on Reconsideration. Any renewal application filed after such time will be dismissed as untimely. This action is taken under
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  • 2007 Released: August 24, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand, four hundred dollars ($8,400) against General Growth Properties (``GGP'') for willful and repeated violations of Section 301 of the Communications Act of 1934 (``Act''), as amended, and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve operating a Private Land Mobile Radio Service (``PLMRS'') station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Spectrum Enforcement Division (``Division''), Enforcement Bureau (``Bureau'') to provide certain information and documents. background Section 301 of the Act and Section
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  • 25, 2007 Released: September 27, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand two hundred dollars ($5,200) against Imperial Sugar Company (``Imperial'') for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve Imperial's operation of Private Land Mobile Radio Service (``PLMRS'') station WPPD863 without Commission authority and for failure to file a timely renewal application for the station. On March 15, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $5,200 to Imperial. Imperial
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  • apparently liable for a forfeiture in the amount of six thousand, five hundred dollars ($6,500) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Five Star acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). background On February 16, 2002, Five Star was granted a PLMRS station license under call sign WPNS752 with an expiration date of May 28, 2004. Five Star did not file a renewal application, and consequently its license to operate station WPNS752 expired on May 28, 2004. On April 3, 2007, Five Star filed with the
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  • the Enforcement Bureau (``Bureau'') of the Federal Communications Commission (the ``FCC'' or ``Commission'') and Alltel Corporation (``Alltel''). The Consent Decree terminates the Bureau's investigation into whether one of Alltel's indirect wholly-owned licensee subsidiaries failed to timely file an application to renew its A-Block cellular license, call sign KNKA369, for the Oklahoma City, Oklahoma cellular market area in violation of Section 1.949 of the Commission's rules, and whether the subsidiary operated the station without Commission authorization in violation of Section 301 of the Communications Act of 1934, as amended (the ``Act''), and Section 1.903(a) of the Commission's rules. The Enforcement Bureau and Alltel have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy
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  • filed by Hussein Assalinabati d/b/a West Coast Cab Company and White & Yellow Cab (Assalinabati) on January 17, 2006 (Petition). Assalinabati seeks reconsideration of the January 10, 2006, dismissal by the Wireless Telecommunications Bureau (Bureau) of both the above-captioned application for renewal of his license for Conventional Industrial/Business Pool Station WPQI770, and his accompanying request for a waiver of Section 1.949 of the Commission's Rules. Specifically, Assalinabati asks that we return his application to pending status, grant the waiver requested, and process and grant this application. For the reasons below, we grant this petition. Background On August 1, 2000, the Commission granted Assalinabati a license in the Conventional Industrial/Business Pool for Station WPQI770 with an expiration date of August 1, 2005.
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  • 2007 Released: November 19, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nine thousand, two hundred dollars ($9,200) against RSDC of Michigan, LLC (``RSDC'') for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve RSDC's operation of a Private Land Mobile Radio Service station without Commissions authority, failure to file a timely renewal application for the station and failure to respond to directives of the Enforcement Bureau (``Bureau'') to provide certain information and documents. On April 12, 2007, the Spectrum Enforcement Division issued a Notice
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  • Released: November 19, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand, five hundred dollars ($10,500) against Yellow Cab Leasing, Inc. (``Yellow Cab'') for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve Yellow Cab's operation of a Private Land Mobile Radio Service station without Commission authority, failure to file a timely renewal application for the station and failure to respond to directives of the Enforcement Bureau (``Bureau'') to provide certain information. On July 10, 2007, the Spectrum Enforcement Division issued a Notice of
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  • 2007 Released: November 28, 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Doss Aviation Inc. (``Doss''). The Consent Decree terminates the Bureau's enforcement proceeding relating to Doss's compliance with the Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). The Enforcement Bureau and Doss have negotiated the terms of a Consent Decree that would resolve these matters and terminate the enforcement proceeding. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, we conclude that no substantial or material questions of fact exist with respect
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  • If at the end of that time, the licensee has fully constructed its authorization and complied with all other Commission Rules, we will grant the license renewal. We will not grant any renewal application if the licensee fails to construct or place the station in operation before the end of the ten-year term.'' See 47 C.F.R. §§ 95.831, 95.833, and 1.949. Section 95.833(c) states that ``failure to demonstrate that substantial service is being provided in the service area will result in forfeiture of the license.'' ULS File No. 0001654409, Exhibit A ``Report of Substantial Service; Contingent Request for Partial Waiver of Sections 95.831 and 95.833 of the Rules'' (filed March 12, 2004) (Renewal Request). Id. Id. Id. Id. ITV Decision, 20
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  • that the requests for waiver or extension of the construction requirements for 218-219 MHz Service licenses filed by Thomas A. Seaman, Receiver for Vitech Corporation on January 18, 2005, and on February 25, 2005, IS HEREBY DENIED. IT IS FURTHER ORDERED, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and sections 0.131, 0.331, and 1.949 of the Commission's rules, 47 C.F.R. §§ 0.131, 0.331, 1.949 that the above-captioned applications for renewal of license ARE HEREBY DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau Because the arguments supporting the requests for waiver and extension of time to construct for all eighteen stations are identical, we refer to the
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  • monetary forfeiture in the amount of five thousand, two hundred dollars ($5,200) against Ted Sakaida & Sons, Inc. d/b/a Ted Sakaida & Sons Trucking (``Sakaida''), former licensee of Private Land Mobile Radio Service (``PLMRS'') station WIM375, Van Nuys, California, for willful and repeated violations of Section 301 of the Communications Act of 1934 (``Act'') as amended, and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve Sakaida's operation of PLMRS station WIM375 without Commission authority and failure to file a timely renewal application for that station. background Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of any apparatus for the transmission of energy or communications or signals by a
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  • Gulf of Mexico starting 12 nautical miles from the U.S. Gulf coast and extending outward 2. Additional Rules for Licensees a. Criteria for Renewal The FCC clarified that all licensees in the 700 MHz Commercial Services Band seeking renewal of their authorizations atthe end of their license term must file a renewal application in accordance with the provisions of § 1.949 of the FCC's rules. Consistent with existing rules, as part of this renewal requirement licensees must demonstrate in their applications that they have provided substantial service during their past license term, which is defined as service that is sound, favorable, and substantially above a level of mediocre service that just might minimally warrant renewal. This requirement is distinct from performance
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  • for a period not to exceed ten years. With respect to renewal expectancy and performance requirements, 39 GHz rectangular service area and EA licensees must demonstrate ``substantial service'' in their license areas in connection with applications for license renewal. IDT Spectrum's 39 GHz Rectangular Service Area licenses. On August 30, 2006, IDT Spectrum filed 103 applications seeking waivers of Sections 1.949(b) and 101.67 of the Commission's Rules to extend the license periods for 103 39 GHz rectangular service area licenses to October 18, 2010. IDT Spectrum also therein requested waivers of and extensions of time to comply with the substantial service requirements set forth in Section 101.17(a) of the Commission's Rules for those 103 licenses. Specifically, IDT Spectrum requested that the
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  • to any issues raised by Utopian Wireless Corporation in FCC File No. 0003130320 as to the proposed assignment of the incumbent BRS licenses from Wireless Telecommunications, Inc., Debtor-in-Possession to VTel Wireless, Inc., a subsidiary of Vermont Telephone Co., Inc. * Applications for renewal filed on April 18, 2006, within thirty days of expiration, accompanied by Request for Waiver of Section 1.949(a) of the Commission's Rules. FCC File Nos. 0002576443 (B227), 0002576439 (B249), 0002576440 (B266), 0002576444 (B342), 0002576441 (B398), and 0002576442 (B406). Federal Communications Commission DA 08-1914 Federal Communications Commission DA 08-1914 kd; 0 0 ¤
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  • 2008 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and NOVA Chemicals, Inc. (``NOVA''). The Consent Decree terminates an investigation by the Bureau against NOVA for possible violations of section 301 of the Communications Act of 1934, as amended, (``Act'') and sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules'') regarding the operation of its Private Land Mobile Radio Service (``PLMRS'') station WPLH775 without Commission authority and its failure to file a timely renewal application for the station. The Bureau and NOVA have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated
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  • apparently liable for a forfeiture in the amount of six thousand two hundred dollars ($6,200) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Mathews Readymix acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's rules (``rules''). background On October 25, 1996, Mathews Readymix's application to renew its license for station KNAS290 was granted with an expiration date of January 21, 2002. On February 28, 2008, Mathews Readymix filed with the Wireless Telecommunications Bureau (``WTB'') a request for Special Temporary Authority (``STA'') to operate KNAS290. On March 12, 2008, WTB granted Mathews
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  • Station WPOG498, apparently liable for a forfeiture in the amount of six thousand, five hundred dollars ($6,500) for operating the station without Commission authority and for failing to file a timely renewal application for the station. Richmond acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903(a) and 1.949(a) of the Commission's rules. background On October 25, 1999, the Wireless Telecommunications Bureau (``WTB'') granted Richmond a license in the Industrial/Business Pool Radio Service under the call sign WPOG498, with an expiration date of October 25, 2004. Richmond did not file a renewal application, and the WTB cancelled the license for WPOG498 on December 25, 2004. On May 14, 2007,
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  • more than 1,300 customer billing locations by the end of the third quarter of 2006. According to FiberTower, it had master service agreements at that time with five of the seven largest domestic wireless carriers. On October 6, 2006, ART Licensing, which is the licensee of record and a wholly-owned subsidiary of FiberTower, filed 214 applications seeking waivers of Sections 1.949(b) and 101.67 of the Commission's Rules to extend the license periods for 214 39 GHz licenses to October 18, 2010. FiberTower also therein requested waivers of and extensions of time to comply with the substantial service requirements set forth in Section 101.17(a) of the Commission's Rules for those 214 licenses. FiberTower argued that extending the licenses to October 18, 2010
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  • Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') of the Federal Communications Commission (``FCC'' or ``Commission'') and Cooperative Light & Power Association (``CLP''). The Consent Decree terminates the Bureau's enforcement proceeding relating to CLP's compliance with Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). The Bureau and CLP have negotiated the terms of a Consent Decree that would resolve these matters and terminate the enforcement proceeding. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, we conclude that no substantial or material questions of fact exist with respect to
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  • the Division granted the Port Authority an additional one-year period to complete construction of its World Trade Center Stations. The grant of this Waiver Request does not relieve the Port Authority from applying for a renewal of license for any World Trade Center Station listed in the attachment prior to the expiration date of the license. See 47 C.F.R. § 1.949(a). Moreover, any renewal application submitted for a World Trade Center Station subject to grant of this Waiver Request will be held in pending status until the extended construction period granted herein is expired. See County of Beaver, Memorandum Opinion and Order, 18 FCC Rcd 18754, 18758 ¶ 13 (WTB PSPWD 2003) (renewal application for unconstructed station held in pending status
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  • the Division granted the Port Authority an additional one-year period to complete construction of its World Trade Center Stations. The grant of this Waiver Request does not relieve the Port Authority from applying for a renewal of license for any World Trade Center Station listed in the attachment prior to the expiration date of the license. See 47 C.F.R. § 1.949(a). Moreover, any renewal application submitted for a World Trade Center Station subject to grant of this Waiver Request will be held in pending status until the extended construction period granted herein is expired. See County of Beaver, Memorandum Opinion and Order, 18 FCC Rcd 18754, 18758 ¶ 13 (WTB PSPWD 2003) (renewal application for unconstructed station held in pending status
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  • In its protest, H&B argues that its March 25, 2005 application was not a new application, and was filed as such only because the Commission's Universal Licensing System would not permit it to be filed differently. This is not correct. As the Order Proposing Modification explained, H&B could have filed a renewal application with a request for waiver of Section 1.949 of the Commission's Rules to permit late renewal. Instead, H&B filed an application for a new station and sought a waiver of the Commission's freeze on new 900 MHz applications. H&B may not now object to the Division's failure to grant a waiver that H&B did not clearly request. Based on the record before us, we conclude that it is
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  • the Chief, Spectrum Enforcement Division, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand five hundred dollars ($6,500) against Five Star Parking d/b/a Five Star Taxi Dispatch (``Five Star'') for willful and repeated violations of Section 301 of the Communications Act of 1934, as amended (``Act''), and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules''). The noted violations involve Five Star's operation of Private Land Mobile Radio Service (``PLMRS'') station WPNS752 without Commission authority and failure to file a timely renewal application for the station. background Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of any apparatus for the transmission of energy
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  • station WPIM837 apparently liable for a forfeiture in the amount of six thousand five hundred ($6,500) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Miller acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's rules (``rules''). background On July 26, 2000, Miller was granted a renewal of its PLMRS station license under call sign WPIM837, with an expiration date of October 12, 2005. Miller did not file a renewal application, and consequently its license to operate station WPIM837 expired on October 12, 2005. On August 16, 2007, Miller filed with the
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  • Hospital, Inc. (``Presbyterian Hospital''), former licensee of Private Land Mobile Radio Service (``PLMRS'') station KNS481, for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Presbyterian Hospital acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, (``Act'') and Sections 1.903(a) and 1.949(a) of the Commission's Rules (``Rules'') by failing to file a timely renewal application for station KNS481 and for continued operation of that station from May 22, 2002 to August 5, 2003. background On April 18, 1997, Presbyterian Hospital was granted a license renewal for PLMRS station KNS481 with an expiration date of May 21, 2002. Presbyterian Hospital did not file
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  • Appendix to this Order ARE GRANTED to the extent indicated and are otherwise DENIED, and the deadline for those licenses listed in the Appendix to demonstrate substantial service IS EXTENDED until June 1, 2012. 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 Sections 0.331 and 1.949 of the Commission's rules, 47 C.F.R. §§ 0.331, 1.949, the requests filed by the LMDS Coalition and T-Mobile to conditionally grant applications for LMDS license renewal ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Fred B. Campbell, Jr. Chief, Wireless Telecommunications Bureau 47 C.F.R. § 101.1011. The applications are listed in the Appendix to this Memorandum Opinion and Order. On December 19, 2007,
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  • Association, Inc. ("TSA"), former licensee of aviation support station (``station'') KSC8, in Midlothian, Texas, apparently liable for a forfeiture in the amount of nine thousand dollars ($9,000) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 1.903(a) of the Commission's Rules (``Rules'') and for apparent willful violation of Section 1.949(a) of the Rules. The noted apparent violations involve TSA's operation of an aviation support station without Commission authority and its failure to file a timely renewal application for the station. Background On August 25, 2008, TSA filed a complaint with the Enforcement Bureau's Spectrum Enforcement Division (``Division'') alleging interference with its use of frequency 123.30 MHz from commercial jets inbound
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  • 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 authorizations. 1.956 Settlement conferences. 1.957 Procedure with respect to amateur radio operator license. 1.981 Reports, annual and semiannual. SUBPART Q-COMPETITIVE BIDDING PROCEEDINGS Brief Description: The Part 1 rules state the general rules of practice and procedure before the Federal Communications Commission. Subpart Q sets forth
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  • 0002882270 File Nos. 0002998097, 0003110093 File Nos. 0003141047, 0003155292 File Nos. 0003082029, 0003188608 File Nos. 0003160180, 0003174574 MEMORANDUM OPINION AND ORDER Adopted: June 15, 2009 Released: June 16, 2009 By the Chief, Broadband Division, Wireless Telecommunications Bureau: introduction We have before us the above-captioned late-filed applications to renew Educational Broadband Service (EBS) stations with associated requests for waiver of Section 1.949(a) of the Commission's Rules to permit untimely filing of the renewal applications. We also have before us the above-captioned late-filed applications for extension of time to construct the EBS stations, as well as associated requests for waiver. We also have before us petitions to deny the renewal applications filed by Sprint Nextel Corporation (Sprint Nextel), a petition to deny filed
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  • 0003188608File Nos. 0003160180, 0003174574 8050 Federal Communications Commission DA 09-1331 Broadband Service Station WLX858 ) MEMORANDUM OPINION AND ORDER Adopted: June 15, 2009 Released: June 16, 2009 By the Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. We have before us the above-captioned late-filed applications to renew Educational Broadband Service (EBS) stations with associated requests for waiver of Section 1.949(a) of the Commission's Rules1to permit untimely filing of the renewal applications.2We also have before us the above-captioned late-filed applications for extension of time to construct the EBS stations, as well as associated requests for waiver. We also have before us petitions to deny the renewal applications filed by Sprint Nextel Corporation (Sprint Nextel),3a petition to deny filed against the application
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  • to meet their construction deadline. Sprint Nextel Corporation (Sprint Nextel) opposed all of the Petitions. We also have replies filed by Hamshire Fannett High School (HFHS), Folkston Middle School (Folkston) and LA State University and Mechanical & Agricultural College (LA State). Except for Rotan, Petitioners have also manually filed late-filed renewal and extension applications with requests for waiver of Sections 1.949(a) and 1.946(e) of the Commission's Rules to permit their late-filed renewal and extension applications to be accepted and processed. For the reasons stated below, we deny the Petitions and dismiss with prejudice the Applications. background Under the rules in effect prior to 2003, EBS permittees had eighteen months from the date of the issuance of the original authorization to construct
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  • Broadband Division, Wireless Telecommunications Bureau to Palmer School District #49 (Oct. 19, 2007) (Termination Letters). 3Opposition of Sprint Nextel Corporation (Nov. 21, 2007) (Sprint Opposition). 8069 Federal Communications Commission DA 09-1333 School (Folkston)5and LA State University and Mechanical & Agricultural College (LA State).6Except for Rotan, Petitioners have also manually filed late-filed renewal and extension applications7with requests for waiver of Sections 1.949(a)and 1.946(e) of the Commission's Rules8to permit their late-filed renewal and extension applications to be accepted and processed. For the reasons stated below, we deny the Petitions and dismiss with prejudice the Applications. II. BACKGROUND 2.Under the rules in effect prior to 2003, EBS permittees had eighteen months from the date of the issuance of the original authorization to construct their
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  • Station WNC586 ) ) ) ) ) ) ) File No. 0002923574 MEMORANDUM OPINION AND ORDER Adopted: June 15, 2009 Released: June 16, 2009 By the Chief, Broadband Division, Wireless Telecommunications Bureau: INTRODUCTION On February 23, 2007, Sweet Briar Institute (SBI) filed the above-captioned application to renew Educational Broadband Service (EBS) Station WNC586 with an associated request to waive Section 1.949(a) of the Commission's Rules to permit untimely filing of its renewal application. We also have before us a petition to deny the Application filed by Sprint Nextel Corporation (Sprint Nextel), an opposition filed by SBI, a reply filed by Sprint Nextel, a request to designate this proceeding as ``permit but disclose'' for purposes of the Commission's ex parte rules filed
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  • License for Educational Broadband Service Station WNC586 )))))))File No. 0002923574 MEMORANDUM OPINION AND ORDER Adopted: June 15, 2009 Released: June 16, 2009 By the Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On February 23, 2007, Sweet Briar Institute (SBI) filed the above-captioned application1 to renew Educational Broadband Service (EBS) Station WNC586 with an associated request to waive Section 1.949(a) of the Commission's Rules2to permit untimely filing of its renewal application.3We also have before us a petition to deny the Application filed by Sprint Nextel Corporation (Sprint Nextel),4 an opposition filed by SBI,5a reply filed by Sprint Nextel,6a request to designate this proceeding as "permit but disclose" for purposes of the Commission's ex parte rules filed by Sprint Nextel,7and an
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  • 2009 By the Chief, Broadband Division, Wireless Telecommunications Bureau: introduction We have before us the above-captioned late-filed applications to renew and for extension of time to construct Broadband Radio Service (BRS) Stations WMY295, licensed to Bonnie D. O'Connell (O'Connell), and WNTF688, licensed to North Florida MMDS Partnership (North Florida) (together, Applicants), with associated requests for waiver of Sections 1.946(e) and 1.949(a) of the Commission's Rules to permit untimely filing of the Extension Applications and Renewal Applications. We also have before us a petition to deny the Renewal Applications filed by Sprint Nextel Corporation (Sprint Nextel), an opposition filed by the Applicants, and a reply filed by Sprint Nextel. For the reasons discussed below, we deny the Petition and grant the Waiver
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  • 16, 2009 By the Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. We have before us the above-captioned late-filed applications to renew1and for extension of time to construct2Broadband Radio Service (BRS) Stations WMY295, licensed to Bonnie D. O'Connell (O'Connell), and WNTF688, licensed to North Florida MMDS Partnership (North Florida) (together, Applicants), with associated requests for waiver3of Sections 1.946(e) and 1.949(a) of the Commission's Rules4to permit untimely filing of the Extension Applications and Renewal Applications. We also have before us a petition to deny the Renewal Applications filed by Sprint Nextel Corporation (Sprint Nextel),5an opposition filed by theApplicants,6and a reply filed by Sprint Nextel.7For the reasons discussed below, we deny the Petition and grant the Waiver Requests. 1File Nos. 0003171076 (O'Connell),
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  • include addresses. None of the Petitioners sought reconsideration or Commission review of the dismissals of their Extension Applications at that time. As a result, in 2007, WTB issued letters terminating all of the above-captioned licenses. Once the licensees received notice of termination of the licenses, each of the licensees filed Petitions for Reconsiderations along with requests for waiver of Section 1.949(a) of the Commission's rules, which requires licensees to file their renewal applications no later than the expiration date of the license. The Applicants generally indicated that they failed to file timely renewal applications because of changes in personnel and lack of familiarity with the Commission's rules, or reliance upon lessees that filed for bankruptcy and went out of business. Troup
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  • include addresses.18None of the Petitioners sought reconsideration or Commission review of the dismissals of their Extension Applications at that time. As a result, in 2007, WTB issued letters terminating all of the above-captioned licenses.19 7. Once the licensees received notice of termination of the licenses, each of the licensees filed Petitions for Reconsiderations along with requests for waiver of Section 1.949(a)20of the Commission's rules, which requires licensees to file their renewal applications no later than the expiration date of the license.21The Applicants generally indicated that they failed to file timely renewal applications because of changes in personnel and lack of familiarity with the Commission's rules,22or reliance upon lessees that filed for bankruptcy and went out of business.23Troup County Schools notes that
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  • For Extension of Time to Construct Educational Broadband Service Stations ) ) ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: June 15, 2009 Released: June 16, 2009 By the Chief, Broadband Division, Wireless Telecommunications Bureau: introduction We have before us the above-captioned late-filed applications to renew Educational Broadband Service (EBS) stations with associated requests to waive Section 1.949(a) of the Commission's Rules to permit untimely filing of the renewal applications. We also have before us the above-captioned late-filed applications for extension of time to construct the EBS stations, as well as associated requests for waiver. We also have before us petitions to deny most of the renewal applications filed by Sprint Nextel Corporation (Sprint Nextel) (Sprint Nextel Petitions),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1340A1_Rcd.pdf
  • Matter of Fifty-Four Late-Filed Applications For Extension of Time to Construct Educational Broadband Service Stations )))))))) MEMORANDUM OPINION AND ORDER Adopted: June 15, 2009 Released: June 16, 2009 By the Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. We have before us the above-captioned late-filed applications to renew Educational Broadband Service (EBS) stations with associated requests to waive Section 1.949(a) of the Commission's Rules1to permit untimely filing of the renewal applications.2We also have before us the above-captioned late-filed applications for extension of time to construct the EBS stations, as well as associated requests for waiver. We also have before us petitions to deny most of the renewal applications filed by Sprint Nextel Corporation (Sprint Nextel) (Sprint Nextel Petitions),3petitions to deny
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  • ) ) ) ) File No. 0002972895 MEMORANDUM OPINION AND ORDER Adopted: June 15, 2009 Released: June 16, 2009 By the Chief, Broadband Division, Wireless Telecommunications Bureau: introduction We have before us an application by Utopia Independent School District (Utopia), filed March 29, 2007, to renew Educational Broadband Service (EBS) Station WLX968 with an associated request for waiver of Section 1.949(a) of the Commission's Rules to permit an untimely filing of the renewal application, a petition to dismiss or deny that application filed by Sprint Nextel Corporation (Sprint Nextel), and an informal objection filed against these applications by Sprint Nextel, Nokia, Inc. and Nokia Siemens Networks, Inc. For the reasons discussed below, we dismiss the Petition and the Informal Objection, grant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1341A1_Rcd.pdf
  • Broadband Service Station WLX968 )))))))File No. 0002972895 MEMORANDUMOPINION AND ORDER Adopted: June 15, 2009 Released: June 16, 2009 By the Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. We have before us an application1by Utopia Independent School District (Utopia), filed March 29, 2007, to renew Educational Broadband Service (EBS) Station WLX968 with an associated request for waiver of Section 1.949(a) of the Commission's Rules2to permit an untimely filing of the renewal application,3a petition to dismiss or deny that application filed by Sprint Nextel Corporation (Sprint Nextel),4and an informal objection filed against these applications by Sprint Nextel, Nokia, Inc. and Nokia Siemens Networks, Inc.5For the reasons discussed below, we dismiss the Petition and the Informal Objection, grant the Waiver Request (although
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  • our analysis shows that there are no active, co-channel non-BTA BRS licenses that overlap with the geographic service area of Station WMX233. Accordingly, we need not determine whether you should be allowed to ``split-the-football.'' ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.925, 1.949(a), and 21.11(c) of the Commission's Rules, 47 C.F.R. §§ 1.925, 1.949(a), 21.11(c), that the waiver request filed by Blake Twedt on February 3, 2003 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 Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1342A1_Rcd.pdf
  • our analysis shows that there are no active, co-channel non-BTA BRS licenses that overlap with the geographic service area of Station WMX233. Accordingly, we need not determine whether you should be allowed to "split-the-football." ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.925, 1.949(a), and 21.11(c) of the Commission's Rules, 47 C.F.R. §§ 1.925, 1.949(a), 21.11(c), that the waiver request filed by Blake Twedt on February 3, 2003 IS GRANTED. 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 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that
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  • the underlying purposes of the rule and would be inappropriate. We therefore conclude that CDH has not justified a waiver of Sections 27.1203 and 27.1214 of the Commission's Rules, and admonish CDH for its violation of those rules. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Sections 1.949, 27.1203, 27.1214, and 74.932(d) of the Commission's Rules, 47 C.F.R. §§ 1.949, 27.1203, 27.1214, and 74.932(d), that the Request for Clarification and Waiver filed by the Catholic Diocese of Honolulu on March 23, 2007 IS GRANTED to the extent indicated and is otherwise DENIED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended,
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  • with the underlying purposes of the ruleand would be inappropriate. We therefore conclude that CDH has not justified a waiver of Sections 27.1203 and 27.1214 of the Commission's Rules, and admonish CDH for its violation of those rules.32 Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Sections 1.949, 27.1203, 27.1214, and 74.932(d) of the Commission's Rules, 47 C.F.R. §§ 1.949, 27.1203, 27.1214, and 74.932(d), that the Request for Clarification and Waiver filed by theCatholic Diocese of Honolulu on March 23, 2007 IS GRANTED to the extent indicated and is otherwise DENIED. ITIS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.
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  • March 27, 2007 ARE GRANTED only to the extent indicated herein and are otherwise DENIED, and the time for AT&T to demonstrate substantial service for the stations in question IS EXTENDED until June 1, 2012. 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 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the licensing staff of the Broadband Division may process applications for renewal of the license for Stations WPNE215, WPNE216 and WPNE362 (File Nos. 0002969781, 0002969147 and 0002975399), as well as the application for extension of time to demonstrate substantial service for Station WPNE 216 (File No. 0002969114) in accordance with this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1442A1_Rcd.pdf
  • on March 27, 2007 ARE GRANTED only to the extent indicated herein and are otherwise DENIED, and the time for AT&T to demonstrate substantial service for the stations in question IS EXTENDED until June 1, 2012. 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 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the licensing staff of the Broadband Division may process applications for renewal of the license for Stations WPNE215, WPNE216 and WPNE362 (File Nos. 0002969781, 0002969147 and 17IDT Construction Extension Order, 23 FCC Rcd at 12012-12013 ¶ 16; ART Construction Extension Order, 23 FCC Rcd at 14126 ¶ 20, quoting Applications filed
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 09-1964 Mr. Ronald J. Tornquist Puget Sound Energy 9515 Willows Rd NE Redmond, WA 98052 Dear Mr. Tornquist: On July 22, 2008, Puget Sound Energy (PSE) filed the above-captioned renewal application for Microwave Industrial/Business Pool Station WNEV369, Renton, Washington. PSE requests that we waive Section 1.949 of the Commission's Rules to allow its application to be accepted even though it was filed late. For the reasons stated below, we deny PSE's Waiver Request and dismiss its Renewal Application. On February 24, 1998, the Commission granted PSE's application for renewal of Station WNEV369. On March 3, 2008, the Wireless Telecommunications Bureau sent a renewal reminder to PSE.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 August 28, 2009 DA 09-1964 Mr. Ronald J. Tornquist Puget Sound Energy 9515 Willows Rd NE Redmond, WA 98052 Dear Mr. Tornquist: On July 22, 2008, Puget Sound Energy (PSE) filed the above-captioned renewal application for Microwave Industrial/Business Pool Station WNEV369, Renton, Washington.1PSE requests that we waive Section 1.949 of the Commission's Rules to allow its application to be accepted even though it was filed late.2For the reasons stated below, we deny PSE's Waiver Request and dismiss its Renewal Application. On February 24, 1998, the Commission granted PSE's application for renewal of Station WNEV369.3On March 3, 2008, the Wireless Telecommunications Bureau sent a renewal reminder to PSE.4On May 27,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 09-1965 Mr. David W. Reams Duke Energy Carolinas, LLC PO Box 1008 401 South College Street Charlotte, NC 28201-1008 ATTN Telecommunications Div., CS03A Dear Mr. Reams: On August 5, 2008, Duke Energy Carolinas, LLC (Duke) filed the above-captioned renewal application for Microwave Industrial/Business Pool Station WCE961, Greensburg, IN. Duke requests that we waive Section 1.949 of the Commission's Rules to allow its application to be accepted even though it was filed late. For the reasons stated below, we deny Duke's Waiver Request and dismiss its Renewal Application. On June 8, 1998, the Commission granted an application for the facilities licensed under Station WCE961 to PSI Energy Inc. (PSI). PSI assigned the station's license to Duke
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1965A1_Rcd.pdf
  • Washington, D.C. 20554 August 28, 2009 DA 09-1965 Mr. David W. Reams Duke Energy Carolinas, LLC PO Box 1008 401 South College Street Charlotte, NC 28201-1008 ATTN Telecommunications Div., CS03A Dear Mr. Reams: On August 5, 2008, Duke Energy Carolinas, LLC (Duke) filed the above-captioned renewal application for Microwave Industrial/Business Pool Station WCE961, Greensburg, IN.1Duke requests that we waive Section 1.949 of the Commission's Rules to allow its application to be accepted even though it was filed late.2For the reasons stated below, we deny Duke's Waiver Request and dismiss its Renewal Application. On June 8, 1998, the Commission granted an application for the facilities licensed under Station WCE961 to PSI Energy Inc. (PSI).3PSI assigned the station's license to Duke on November
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  • filed by Iowa Lakes Community College on April 11, 2008 IS DENIED, and Iowa Lakes Community College IS ADMONISHED for its violations of Section 301 of the Act and Section 1.903(a) of the Commission's Rules. 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 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the licensing staff of the Broadband Division SHALL PROCESS the renewal application filed by Iowa Lakes Community College on April 11, 2008 (File No. 0003394127) in accordance with this letter and the Commission's Rules and policies. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1971A1_Rcd.pdf
  • Commission's Rules filed by Iowa Lakes Community College on April 11, 2008 IS DENIED, and Iowa Lakes Community College IS ADMONISHED for its violations of Section 301 of the Act and Section 1.903(a) of the Commission's Rules. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 ofthe Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the licensing staff of the Broadband Division SHALL PROCESS the renewal application filed by Iowa Lakes Community College on April 11, 2008 (File No. 0003394127) in accordance with this letter and the Commission's Rules and policies. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
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  • Released: August 31, 2009 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: introduction We have before us the above-captioned applications to renew Educational Broadband Service (``EBS'') Stations WLX683, WLX730, WLX698, and WNC417 (collectively the ``Stations''), and related applications for extension of time to meet the construction deadline for the Stations, as well as associated requests for waiver of Sections 1.949(a) and Section 1.946(e) of the Commission's Rules. For the reasons discussed below, we grant the waiver requests and direct processing of the applications. background Under the rules in effect prior to 2003, EBS permittees had eighteen months from the date of the issuance of the original authorization to construct their facilities. The Commission granted applications for extension of time to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1972A1_Rcd.pdf
  • (filed Jul. 16, 2009); 0003899140 (Troup County Schools) (filed Jul. 14, 2009). 2File Nos. 0003897825 (Brantley County Board of Education) (filed Jul. 13, 2009); 0003901235 (Earle School District (filed Jul. 15, 2009); 0003902652 (Evans County School System) (filed Jul. 16, 2009); 0003899154 (Troup County Schools) (filed Jul. 14, 2009). 11280 Federal Communications Commission DA 09-1972 associated requests for waiver3of Sections 1.949(a) and Section 1.946(e) of the Commission's Rules.4 For the reasons discussed below, we grant the waiver requests and direct processing of the applications. II. BACKGROUND 2. Under the rules in effect prior to 2003, EBS permittees had eighteen months from the date of the issuance of the original authorization to construct their facilities.5The Commission granted applications for extension of time
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  • St. Anthony Hospitals Communications Center IS GRANTED, and the applications for renewal of license of Microwave Industrial/Business Pool Stations WNEP734, WNEF528, and WNEF526 (File Nos. 0003451464, 0003451463, and 0003451462) ARE REINSTATED to pending status. IT IS FURTHER ORDERED pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 405, and Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the licensing staff of the Broadband Division SHALL PROCESS the applications for renewal of license of Microwave Industrial/Business Pool Stations WNEP734, WNEF528, and WNEF526 (File Nos. 0003451464, 0003451463, and 0003451462) in accordance with this letter, applicable statutory authority, and Commission rules. These actions are taken under delegated authority pursuant to Sections
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1997A1_Rcd.pdf
  • Pool Stations WNEP734, WNEF528, and WNEF526 (File Nos. 0003451464, 0003451463, and 0003451462) ARE REINSTATED to pending status. 11Petition at Attachment. 12Id. 13Supplement at 1. 14Dismissal Letters. 15Petition at 1. 16Id. 11678 L. Sue Scott-Thomas, President ITIS FURTHER ORDERED pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 405, and Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949,that the licensing staff of the Broadband Division SHALL PROCESS the applications for renewal of license of Microwave Industrial/Business Pool Stations WNEP734, WNEF528, and WNEF526 (File Nos. 0003451464, 0003451463, and 0003451462) in accordance with this letter, applicable statutory authority, and Commissionrules. These actions are taken under delegatedauthority pursuant to Sections 0.131 and 0.331
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  • On December 4, 2008, you filed, on behalf of your client, SLC TV Licensee Corp. (SLC) applications to renew the licenses of Microwave Industrial/Business Pool Stations WPOP413, WPOP414, and WPOP415, each of which had expired on October 5, 2008. Because SLC filed its applications more than thirty days after expiration, SLC requests as part of its applications waiver of Section 1.949(a) of the Commission's Rules to allow acceptance of its late-filed applications. For the reasons stated below, we deny SLC's Waiver Request and dismiss its Renewal Applications. SLC is the licensee of microwave industrial/business facilities WPOP413, WPOP414, and WPOP415, which are used in conjunction with commercial television station KUTV (CBS, Channel 2), Salt Lake City, Utah. The licenses for WPOP413, WPOP414,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2009A1_Rcd.pdf
  • Mr. Stansbury: On December 4, 2008, you filed, on behalf of your client, SLC TV Licensee Corp. (SLC) applications to renew the licenses of Microwave Industrial/Business Pool StationsWPOP413, WPOP414, and WPOP415,1each of which had expired on October 5, 2008. Because SLC filed its applications more than thirty days after expiration, SLC requests as part of its applications waiver of Section 1.949(a) of the Commission's Rules2to allow acceptance of its late-filed applications.3For the reasons stated below, we deny SLC's Waiver Request and dismiss its Renewal Applications. SLC is the licensee of microwave industrial/business facilities WPOP413, WPOP414, and WPOP415, which are usedin conjunction with commercial television station KUTV (CBS, Channel 2), Salt Lake City, Utah.4The licenses for WPOP413, WPOP414, and WPOP415 were originally
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  • U.S.C. §§ 154(i), 405, and Sections 1.106 and 1.934 of the Commission's Rules, 47 C.F.R. §§ 1.106 and 1.934 the Petition for Reconsideration filed by the LSU Alumni Association on December 17, 2008, 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 Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.946(e), that the Broadband Division SHALL REINSTATE AND PROCESS the application for renewal of license filed by LSU Alumni Association (File No. 0003501272) in accordance with this Order on Reconsideration and the Commission's rules and policies. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2010A1_Rcd.pdf
  • 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 and 1.934 the Petition for Reconsideration filed by the LSU Alumni Association on December 17, 2008, IS GRANTED. 12. 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 1.949 of the Commission's Rules, 47 C.F.R. § 1.946(e), that the Broadband Division SHALL REINSTATE AND PROCESS the application for renewal of license filed by LSU Alumni Association (File No. 0003501272)in accordance with this Order on Reconsideration and the Commission's rules and policies. 13. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 09-2019 Ms. Janet Tucker ConocoPhillips Communications Inc. PO Box 3338 Bartlesville, OK 74005-3338 Dear Ms. Tucker: On January 13, 2009, ConocoPhillips Communications Inc. (ConocoPhillips) filed renewal applications for Microwave Industrial/Business Pool Stations WPOR344 and WPOR345 (the Stations). ConocoPhillips requests that we waive Section 1.949 of the Commission's Rules to allow its applications to be accepted even though they were filed late. For the reasons stated below, we deny ConocoPhillips's Waiver Requests and dismiss its Renewal Applications. On December 2, 1998, the Commission granted licenses for the Stations to Burlington Resources Oil & Gas Co. (Burlington). On March 31, 2006, Burlington assigned those licenses to
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 September 4, 2009 DA 09-2019 Ms. Janet Tucker ConocoPhillips Communications Inc. PO Box 3338 Bartlesville, OK 74005-3338 Dear Ms. Tucker: On January 13, 2009, ConocoPhillips Communications Inc. (ConocoPhillips) filed renewal applications for Microwave Industrial/Business Pool Stations WPOR344 and WPOR345 (the Stations).1 ConocoPhillips requests that we waive Section 1.949 of the Commission's Rules to allow its applications to be accepted even though they were filed late.2For the reasons stated below, we deny ConocoPhillips's Waiver Requests and dismiss its Renewal Applications. On December 2, 1998, the Commission granted licenses for the Stations to Burlington Resources Oil & Gas Co. (Burlington).3On March 31, 2006, Burlington assigned those licenses to ConocoPhillips.4 On
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  • 2008, the Wireless Telecommunications Bureau sent a renewal reminder to Billings. On November 4, 2008, Billings' authorization for Station WNTT334 expired. On January 7, 2009, Billings filed the Renewal Application, together with a request for waiver. Billings did not specify which of the Commission's Rules it wants to be waived, but we interpret its request as seeking waiver of Section 1.949(a), which requires licensees to file renewal applications no later than the expiration dates of licenses. In its Waiver Request, Billings states that it has been using the radio frequency that was authorized under WNTT334 to operate the Supervisory Control and Data Acquisition (SCADA) system for the City of Billings. Billings states that the SCADA system provides real-time monitoring and control
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  • 11, 2008, the Wireless Telecommunications Bureau sent a renewal reminder to Billings.4On November 4, 2008, Billings' authorization for Station WNTT334 expired. On January 7, 2009, Billings filed the Renewal Application, together with a request for waiver. Billings did not specify which of the Commission's Rules it wants to be waived, but we interpret its request as seeking waiver of Section 1.949(a), which requires licensees to file renewal applications no later than the expiration dates of licenses.5 In its Waiver Request, Billings states that it has been using the radio frequency that was authorized under WNTT334 to operate the Supervisory Control and Data Acquisition (SCADA) system for the City of Billings.6Billings states that the SCADA system provides real-time monitoring and control for
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  • 2008, the Wireless Telecommunications Bureau sent a renewal reminder to AlarmNet. On December 10, 2008, AlarmNet's authorization for Station WPOR356 expired. On February 23, 2009, AlarmNet filed the Renewal Application, together with a request for waiver. AlarmNet did not specify which of the Commission's Rules it wants to be waived, but we interpret its request as seeking waiver of Section 1.949(a), which requires licensees to file Renewal Applications no later than the expiration dates of licenses. In its Waiver Request, AlarmNet states that the unit of AlarmNet's parent company that handles its license renewals has moved, that the Commission's notification went to its old address, that it never received the notification, and that it relies upon Commission notices to assist it
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  • 15, 2008, the Wireless Telecommunications Bureau sent a renewal reminder to AlarmNet.5On December 10, 2008, AlarmNet's authorization for Station WPOR356 expired. On February 23, 2009, AlarmNet filed the Renewal Application, together with a request for waiver. AlarmNet did not specify which of the Commission's Rules it wants to be waived, but we interpret its request as seeking waiver of Section 1.949(a), which requires licensees to file Renewal Applications no later than the expiration dates of licenses.6 In its Waiver Request, AlarmNet statesthat the unit of AlarmNet's parent company that handles its license renewals has moved, that the Commission's notification went to its old address, that it never received the notification, and that it relies upon Commission notices to assist it with
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  • Nos. 0003731336, 0003731337, 0003731339 Dear Mr. Given: On February 6, 2009, Columbia Gas Transmission Company (Columbia) filed applications to renew the licenses of Microwave Industrial/Business Pool Stations KQL65, KQM53, and KQM55, each of which expired on December 9, 2008. Because Columbia filed its applications more than thirty days after expiration, Columbia requests as part of its applications waiver of Section 1.949(a) of the Commission's Rules to allow acceptance of its late-filed applications. For the reasons stated below, we deny Columbia's Waiver Request and dismiss its Renewal Applications. Columbia is the licensee of microwave industrial/business Stations KQL65, KQM53, and KQM55, which are used as part of a system to monitor and control the flow of natural gas in Columbia's interstate pipelines. The
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  • File Nos. 0003731336, 0003731337, 0003731339 Dear Mr. Given: On February 6, 2009, Columbia Gas Transmission Company (Columbia) filed applications to renew the licenses of Microwave Industrial/Business Pool Stations KQL65, KQM53, and KQM55, each of which expired on December 9, 2008.1Because Columbia filed its applications more than thirty days after expiration, Columbia requests as part of its applications waiver of Section 1.949(a) of the Commission's Rules2to allow acceptance of its late-filed applications.3For the reasons stated below, we deny Columbia's Waiver Request and dismiss its Renewal Applications. Columbia is the licensee of microwave industrial/business Stations KQL65, KQM53, and KQM55, which are used as part of a system to monitor and control the flow of natural gas in Columbia's interstate pipelines.4The licenses for KQL65,
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  • 30, 2009 By the Chief, Broadband Division, Wireless Telecommunications Bureau: introduction On November 16, 2007, Chippewa Valley Technical College (``Chippewa'') filed a petition asking the Wireless Telecommunications Bureau, Broadband Division (``Division'') to reconsider its decision terminating Chippewa's authorization to operate Educational Broadband Service (``EBS'') Stations WLX260, WLX268, and WLX310 (the ``Stations'') and an associated waiver request seeking waiver of Section 1.949(a) of the Commission's Rules to permit it to file untimely applications to renew the Stations. On June 16, 2009, the Division denied Chippewa's petition and waiver request. We now have before us a petition for further reconsideration filed by Chippewa. For the reasons stated below, we grant the Petition, reinstate the licenses for the Stations, and direct Chippewa to file
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  • 30, 2009 By the Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1.On November 16, 2007, Chippewa Valley Technical College ("Chippewa") filed a petition asking the Wireless Telecommunications Bureau, Broadband Division ("Division") to reconsider its decision terminating Chippewa's authorization to operate Educational Broadband Service ("EBS") Stations WLX260, WLX268, and WLX310 (the "Stations") and an associated waiver requestseeking waiver of Section 1.949(a) of the Commission's Rules to permit it to file untimely applications to renew the Stations.1On June 16, 2009, the Division denied Chippewa's petition and waiver request.2We now have before us a petition for further reconsideration filed by Chippewa.3For the reasons stated below, we grant the Petition, reinstate the licenses for the Stations, and direct Chippewa to file renewal applications with
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  • Commission's action was also announced in a Public Notice. The petition for reconsideration period ended on June 23, 2009. On August 24, 2009, the Board of Higher Education filed the Renewal Application and Waiver Request. The Board did not specify which of the Commission's Rules it wants to be waived, but we interpret its request as seeking waiver of Section 1.949(a), which requires licensees to file Renewal Applications no later than the expiration dates of licenses. The Commission returned the application because the Board of Higher Education again did not include an attachment justifying an exemption from application and/or regulatory fees. On August 31, 2009, the Board of Higher Education modified its application to include the necessary attachment. The Commission's policy
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  • Dismissal, the Commission's action was also announced in a Public Notice.7The petition for reconsideration period ended on June 23, 2009.8 On August 24,2009, the Board of Higher Education filed the Renewal Application and Waiver Request. The Board did not specify which of the Commission's Rules it wants to be waived, but we interpret its request as seeking waiver of Section 1.949(a), which requires licensees to file Renewal Applications no later than the expiration dates of licenses.9The Commission returned the application because the Board of Higher Education again did not include an attachment justifying an exemption from 1SeeFile No. 0003946374 (filed Aug. 24, 2009) (Second Renewal Application). 2Renewal Application, Request for Waiver (Waiver Request). In order for us to grant that request,
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  • 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Marathon Petroleum Company, LLC (``Marathon''). The Consent Decree terminates an investigation by the Bureau into Marathon's possible violations of Section 301 of the Communications Act of 1934, as amended, (``Act''), and Sections 1.903 and 1.949(a) of the Commission's Rules (``Rules''). The Bureau and Marathon have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the
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  • of Private Land Mobile Radio (``PLMRS'') station WPQE205, in Las Vegas, Nevada, apparently liable for a forfeiture in the amount of six thousand four hundred dollars ($6,400) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 1.903(a) of the Commission's Rules (``Rules'') and for apparent willful violation of Section 1.949(a) of the Rules. The noted apparent violations involve Nevada Sun Peak's operation of its PLMRS station without Commission authority and its failure to timely file a renewal application for the station. Background On June 7, 2000, Nevada Sun Peak was granted a license to operate station WPQE205 until the license expiration date of June 7, 2005. On August 13, 2005,
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  • Owensboro Market and Leap filed the required construction notification for the station in a timely manner. We further note that no one filed a competing application against the renewal application for Station KNLH652, and no one has opposed Leap's request for waiver of the filing deadline. Consequently, we are persuaded, under the facts and circumstances presented, that application of Section 1.949 of the Commission's rules would be unduly burdensome and that grant of Cricket Reauction's waiver request is warranted. We nonetheless grant Cricket Reauction's waiver request without prejudice to any enforcement action the Commission may decide to take and strongly advise Leap and its subsidiaries to adopt administrative and management procedures that will ensure strict compliance with the Commission's rules, including
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ¤ Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Request of Northern New Mexico Telecom, Inc. For Waiver of Section 1.949 and Section 1.955(a)(1) Regarding Application for Renewal of PCS Licenses WPQT378 and WPQS926 ) ) ) ) ) ) ) File Nos. 0003129424, 0003129430 ORDER Adopted: March 19, 2009 Released: March 19, 2009 By the Chief, Mobility Division, Wireless Telecommunications Bureau: Introduction. In this Order, we address Northern New Mexico Telecom, Inc.'s (``NNMT'') requests for waiver (``Waiver Requests'') of sections
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  • we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Nex-Tech, Inc. (``Nex-Tech''). The Consent Decree terminates the Bureau's investigation into whether Nex-Tech failed to file timely applications to renew its broadband Personal Communications Services C-Block licenses, call signs WPOJ817 and WPOJ818, in the Great Bend and Hays, Kansas basic trading areas, in violation of section 1.949(a) of the Commission's rules (``Rules''), and operated the stations without Commission authorization in violation of section 301 of the Communications Act of 1934, as amended (the ``Act''), and section 1.903(a) of the Rules. The Bureau and Nex-Tech have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated
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  • No. 0004298035 Dear Mr. Tilles: On June 24, 2010, Bangor Hydro Electric Company (``Bangor'') filed a waiver request to file a late-filed application for renewal of license of Microwave Industrial/Business Pool Station WPOU273, which expired on June 24, 2009. Because Bangor filed its applications more than thirty days after expiration, Bangor requests as part of its application waiver of Section 1.949(a) of the Commission's Rules to allow acceptance of its late-filed applications. For the reasons stated below, we deny Bangor's Waiver Request and dismiss its Renewal Application. Bangor was the licensee of microwave industrial/business pool Station WPOU273, which is used as part of a system to monitor and control the flow of electricity in electrical sub-stations located in and around the
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  • Sign WPOU273 File No. 0004298035 Dear Mr. Tilles: On June 24, 2010, Bangor Hydro Electric Company ("Bangor") filed a waiver request1to file a late-filed application2for renewal of license of Microwave Industrial/Business Pool Station WPOU273, which expired on June 24, 2009.Because Bangor filed its applications more than thirty days after expiration, Bangor requests as part of its application waiver of Section 1.949(a) of the Commission's Rules3to allow acceptance of its late-filed applications.4For the reasons stated below, we deny Bangor's Waiver Request and dismiss its Renewal Application. Bangor was the licensee of microwave industrial/business pool Station WPOU273, which is used as part of a system to monitor and control the flow of electricity in electrical sub-stations located in and around the Bangor, ME
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  • filing, the reasons for the failure to timely file, the potential consequences to the public if the license should terminate, and the performance record of the licensee. Taking into account all the facts and circumstances of the instant matter, including the specific factors set forth by the Commission, we conclude that Columbus' Renewal Application should be dismissed. Pursuant to Section 1.949(a) of the Commission's rules, licensees must file renewal applications no later than the expiration date of the license for which renewal is sought. In fact, licenses automatically terminate upon the expiration date, unless a timely application for renewal is filed. Applicants may, however, file an application for renewal and request for waiver of the filing deadline if the renewal application
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  • filing, the reasons for the failure to timely file, the potential consequences to the public if the license should terminate, and the performance record of the licensee.9 Taking into account all the facts and circumstances of the instant matter, including the specific factors set forth by the Commission, we conclude that Columbus' Renewal Application should be dismissed.10 Pursuant to Section 1.949(a) of the Commission's rules, licensees must file renewal applications no later than the expiration date of the license for which renewal is sought.11In fact, licenses automatically terminate upon the expiration date, unless a timely application for renewal is filed.12 Applicants may, however, file an application for renewal and request for waiver of the filing deadline if the renewal application is
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  • (``BASF''), former licensee of Private Land Mobile Radio Service (``PLMRS'') station WPNZ510, Pasedena, Texas, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended (``Act'') and section 1.903(a) of the Commission's rules (``Rules'') and for apparent willful violation of section 1.949(a) of the Rules. The noted apparent violations involve BASF's failure to timely file a renewal application for its PLMRS station and its operation of the station for five years without Commission authority. background On August 12, 1999, BASF was granted a five-year license to operate station WPNZ510 through August 12, 2004. On May 17, 2004, the Commission sent BASF a
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  • the Division granted the Port Authority an additional one-year period to complete construction of its World Trade Center Stations. The grant of this Waiver Request does not relieve the Port Authority from applying for a renewal of license for any World Trade Center Station listed in the attachment prior to the expiration date of the license. See 47 C.F.R. § 1.949(a). Moreover, any renewal application submitted for a World Trade Center Station subject to grant of this Waiver Request will be held in pending status until the extended construction period granted herein is expired. See County of Beaver, Memorandum Opinion and Order, 18 FCC Rcd 18754, 18758 ¶ 13 (WTB PSPWD 2003) (renewal application for unconstructed station held in pending status
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  • of Private Land Mobile Radio (``PLMRS'') station WPQD526, in San Diego, California, apparently liable for a forfeiture in the amount of six thousand four hundred dollars ($6,400) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'') and Section 1.903(a) of the Commission's Rules (``Rules'') and for apparent willful violation of Section 1.949(a) of the Rules. The noted apparent violations involve the University's operation of its PLMRS station without Commission authority and its failure to timely file a renewal application for the station. Background On June 1, 2000, the University was granted a license to operate station WPQD526 until the license expiration date of June 1, 2005. On August 6, 2005, the Commission's
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LIBERTY COUNTY DISTRICT SCHOOL BOARD Late-Filed Application For Renewal of Educational Broadband Service Station WNC895 Request for Waiver of Section 1.949(a) of the Commission's Rules ) ) ) ) ) ) ) ) ) ) ) File No. 0003945615 MEMORANDUM OPINION AND ORDER Adopted: March 4, 2010 Released: March 5, 2010 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: introduction On August 24, 2009, Liberty County District School Board (Liberty County) filed an application to renew Educational Broadband Service (EBS)
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 10-383 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LIBERTY COUNTY DISTRICT SCHOOL BOARD Late-Filed Application For Renewal of Educational Broadband Service Station WNC895 Request for Waiver of Section 1.949(a) of the Commission's Rules )))))))))))File No. 0003945615 MEMORANDUM OPINION AND ORDER Adopted: March 4, 2010 Released: March 5, 2010 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1.On August 24, 2009, Liberty County District School Board (Liberty County) filed an application1to renew Educational Broadband Service (EBS) station WNC895 with associated requests for waiver to permit the untimely
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  • File Nos. 0004040058, 0004040031, 0004040014 MEMORANDUM OPINION AND ORDER Adopted: March 4, 2010 Released: March 5, 2010 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: introduction On November 20, 2009, Chippewa Valley Technical College (``Chippewa'') filed applications to renew Educational Broadband Service (EBS) Station WLX260, WLX268, and WLX310 with associated requests to waive former Section 74.15(e) and current Section 1.949(a) of the Commission's Rules to permit the untimely filing of the applications. For the reasons discussed below, we grant the Waiver Requests with a condition and direct processing of the Renewal Applications. background Under former Section 74.15(e) of the Commission's Rules, which was in effect until January 10, 2005, renewal applications for the Instructional Television Fixed Service (ITFS), the predecessor-in-interest
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  • WLX310 ))))))))File Nos. 0004040058,0004040031, 0004040014 MEMORANDUM OPINION AND ORDER Adopted: March 4, 2010 Released: March 5, 2010 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On November 20, 2009, Chippewa Valley Technical College ("Chippewa") filed applications1to renew Educational Broadband Service (EBS) Station WLX260, WLX268, and WLX310 with associated requests to waive former Section 74.15(e)2and current Section 1.949(a)3of the Commission's Rules to permit the untimely filingof the applications.4For the reasons discussed below, we grant the Waiver Requests with a condition and direct processing of the Renewal Applications. II. BACKGROUND 2. Under former Section 74.15(e) of the Commission's Rules, which was in effect until January 10, 2005, renewal applications for the Instructional Television Fixed Service (ITFS), the predecessor-in-interest to
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  • by former Section 73.3534(a) of the Commission's Rules, did not have on file an extension of time to construct the station, and did not timely file an application to renew Station WLX253. On November 5, 2007, Great Lakes filed a petition for reconsideration of the Division's decision, an application to renew Station WLX253, and a request for waiver of Section 1.949(a) of the Commission's Rules to permit it to late-file the application. On November 15, 2007, Sprint Nextel filed an opposition to Great Lakes's waiver request. Great Lakes filed a reply on November 27, 2007. Discussion Section 1.106(c) of the Commission's Rules provides that we will accept a petition for reconsideration relying on facts not previously presented to the Commission only
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  • deadline required by former Section 73.3534(a) of the Commission's Rules, did not have on file an extension of time to construct the station, and did not timely file an application to renew Station WLX253.1OnNovember 5, 2007, Great Lakes filed a petition for reconsideration of the Division's decision, an application to renew Station WLX253, and a request for waiver of Section 1.949(a) of the Commission's Rules to permit it to late-file the application.2On November 15, 2007, Sprint Nextel filed an opposition to Great Lakes's waiver request.3Great Lakes filed a reply on November 27, 2007.4 III. DISCUSSION 3.Section 1.106(c) of the Commission's Rules provides that we will accept a petition for reconsideration relying on facts not previously presented to the Commission only in
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  • 2010 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: introduction In this Order on Reconsideration, we dismiss a petition for reconsideration and related informal objection of a grant of a late-filed application to renew an Educational Broadband Service (EBS) license. background On November 28, 2006, Wahpeton School District (Wahpeton) filed a renewal application and a request to waive Section 1.949 of the Commission's Rules to permit it to untimely file an application to renew the authorization for EBS Station WNC573, which had expired on March 23, 2005. Wahpeton stated that it let its authorization expire because its lessee had declared bankruptcy and ceased operations. Wahpeton decided to renew its authorization when another company expressed interest in leasing Wahpeton's excess capacity.
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  • Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. In this Order on Reconsideration, we dismiss a petition for reconsideration and related informal objection of a grant of a late-filed application to renew an Educational Broadband Service (EBS) license. II. BACKGROUND 2. On November 28, 2006, Wahpeton School District (Wahpeton) filed a renewal application and a request to waive Section 1.949 of the Commission's Rules to permit it to untimely file an application to renew the authorization for EBS Station WNC573, which had expired on March 23, 2005.1Wahpeton stated that it let its authorization expire because its lessee had declared bankruptcy and ceased operations.2Wahpeton decided to renew its authorization when another company expressed interest in leasing Wahpeton's excess capacity.3On December 28,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 10-956 City of Danville PO Box 3300 Danville, VA 24543 ATTN Radio Communications Manager Dear Sir/Madam: On March 12, 2010, the City of Danville (Danville) filed renewal applications for Microwave Industrial/Business Pool Stations WNTW867, WNTW868, and WNTW869 (the Stations). Danville requests that we waive Section 1.949(a) of the Commission's Rules to allow its applications to be accepted even though they were filed late. For the reasons stated below, we deny Danville's Waiver Requests and dismiss its Renewal Applications. On January 7, 2000, the Wireless Telecommunications Bureau (Bureau) granted Danville's applications to renew licenses for the Stations. The licenses expired on February 8, 2010. On November 16,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 May 27, 2010 DA 10-956 City of Danville PO Box 3300 Danville, VA 24543 ATTN Radio Communications Manager Dear Sir/Madam: On March 12, 2010, the City of Danville (Danville) filed renewal applications for Microwave Industrial/Business Pool Stations WNTW867, WNTW868, and WNTW869 (the Stations).1Danville requests that we waive Section 1.949(a) of the Commission's Rules to allow its applications to be accepted even though they were filed late.2For the reasons stated below, we deny Danville's Waiver Requests and dismiss its Renewal Applications. On January 7, 2000, the Wireless Telecommunications Bureau (Bureau) granted Danville's applications to renew licenses for the Stations.3The licenses expired on February 8, 2010.4On November 16, 2009, the Bureau
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  • \par \ltrrow}\trowd \irow0\irowband0\lastrow \ltrrow\ts11\trgaph108\trleft-108\trftsWidth1\trpaddl108\trpaddr108\trpa ddfl3\trpaddfr3\tblind0\tblindtype3 \clvertalt\clbrdrt\brdrtbl \clbrdrl\brdrtbl \clbrdrb\brdrtbl \clbrdrr\brdrtbl \cltxlrtb\clftsWidth3\clwWidth4698\clshdrawnil \cellx4590\clvertalt\clbrdrt\brdrtbl \clbrdrl\brdrtbl \clbrdrb\brdrtbl \clbrdrr\brdrtbl \cltxlrtb\clftsWidth3\clwWidth720\clshdrawnil \cellx5310\clvertalt\clbrdrt\brdrtbl \clbrdrl\brdrtbl \clbrdrb\brdrtbl \clbrdrr\brdrtbl \cltxlrtb\clftsWidth3\clwWidth4230\clshdrawnil \cellx9540\pard \ltrpar\ql \li0\ri-18\widctlpar\intbl\wrapdefault\aspalpha\aspnum\faauto\adjustrigh t\rin-18\lin0 {\rtlch\fcs1 \af0 \ltrch\fcs0 In the Matter of \par \par DAVENPORT SCHOOLS, INC. D/B/A GREAT LAKES JR. COLLEGE \par \par Late-Filed Application For Renewal of Educational Broadband Service Station WLX253 \par \par Request for Waiver of Section 1.949(a) of the Commission\rquote s Rules \par \cell }\pard \ltrpar\ql \li0\ri0\widctlpar\intbl\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0 {\rtlch\fcs1 \af0 \ltrch\fcs0 \b ) \par ) \par ) \par ) \par ) \par ) \par ) \par ) \par ) \par ) \par )\cell }{\rtlch\fcs1 \af0 \ltrch\fcs0 \par \par File No. 0004187114\cell }\pard \ltrpar\ql \li0\ri0\widctlpar\intbl\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0 {\rtlch\fcs1 \af0 \ltrch\fcs0 \trowd \irow0\irowband0\lastrow \ltrrow \ts11\trgaph108\trleft-108\trftsWidth1\trpaddl108\trpaddr108\trpaddfl3\t rpaddfr3\tblind0\tblindtype3 \clvertalt\clbrdrt\brdrtbl \clbrdrl\brdrtbl \clbrdrb\brdrtbl \clbrdrr\brdrtbl
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 10-957 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of DAVENPORT SCHOOLS, INC. D/B/A GREAT LAKES JR. COLLEGE Late-Filed Application For Renewal of Educational Broadband Service Station WLX253 Request for Waiver of Section 1.949(a) of the Commission's Rules )))))))))))File No. 0004187114 MEMORANDUM OPINION AND ORDER Adopted: May 26, 2010 Released: May 27, 2010 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1.This Memorandum Opinion and Order grants a request for waiver to allow late filing of an application for renewal of an Educational Broadband Service (EBS) license. We conclude it would
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  • of the construction requirements for PCS Broadband Service licenses WPOJ722 and WPOJ724 filed by ComScape Communications, Inc. on June 29, 2009, and amended on March 15, 2010, March 11, 2011, and March 29, 2011, ARE HEREBY DENIED. IT IS FURTHER ORDERED, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and sections 0.131, 0.331, 1.948, 1.949, and 1.9020 of the Commission's rules, 47 C.F.R. §§ 0.131, 0.331, 1.948, 1.949, and 1.9020, that the above-captioned applications for renewal of license, notification of spectrum leasing arrangement, and assignment of license, ARE HEREBY DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau FCC File Nos. 0003886129, 0003886133 (filed June 29, 2009, amended
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  • of the construction requirements for PCS Broadband Service licenses WPOJ722 and WPOJ724 filed by ComScape Communications, Inc. on June 29, 2009, and amended on March 15, 2010, March 11, 2011, and March 29, 2011, ARE HEREBY DENIED. 21. ITIS FURTHER ORDERED, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and sections 0.131, 0.331, 1.948, 1.949, and 1.9020 of the Commission's rules, 47 C.F.R. §§0.131, 0.331, 1.948, 1.949, and 1.9020, that the above-captioned applications for renewal of license, notification of spectrum leasing arrangement, and assignment of license, ARE HEREBY DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau 68Id.at 9537-38 ¶¶ 6-7. 69Id.at 9538 ¶ 8. 8838
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  • Section 1.41 Request filed by Warren C. Havens, Environmentel, LLC, Skybridge Spectrum Foundation, Intelligent Transportation & Monitoring Wireless, LLC, Verde Systems, LLC, Telesaurus Holdings GB, LLC, and V2G, LLC on May 20, 2011 IS DENIED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309(d), and Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the licensing staff of the Broadband Division SHALL PROCESS the application for renewal of license of Station WNTA626 filed by Touch Tel Corporation on April 12, 2011 pursuant to this Memorandum Opinion and Order and the Commission's rules and policies. These actions are taken under delegated authority pursuant to Sections 0.131
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  • Alternative Section 1.41 Request filed by Warren C. Havens, Environmentel, LLC, Skybridge Spectrum Foundation, Intelligent Transportation & Monitoring Wireless, LLC, Verde Systems, LLC, Telesaurus Holdings GB, LLC, and V2G, LLC on May 20, 2011 IS DENIED. 5.ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309(d), and Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the licensing staff of the Broadband Division SHALL PROCESS the application for renewal of license of Station WNTA626 filed by Touch Tel Corporation on April 12, 2011 pursuant to this Memorandum Opinion and Orderand the Commission's rules and policies. 6.These actions are taken under delegated authority pursuant to Sections 0.131 and
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  • 9, 2011, Florida Keys Electric Cooperative Association, Inc. (``FKEC'') filed a waiver request to file late-filed applications for renewal of license of Microwave Industrial/Business Pool (Multiple Address System (MAS)) Stations WPJD459 and WPJD460, which expired on February 19, 2011. Because FKEC filed its applications more than thirty days after expiration, FKEC requests as part of its applications waiver of Section 1.949(a) of the Commission's Rules to grant renewal of its late-filed application. For the reasons stated below, we deny FKEC's Waiver Request and dismiss its late-filed Renewal Applications. The licenses for Stations WPJD459 and WPJD460 were last renewed on December 16, 2000, and expired on December 5, 2010. Our records indicate that the Wireless Telecommunications Bureau sent renewal reminder notices to
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  • On May 9, 2011, Florida Keys Electric Cooperative Association, Inc. ("FKEC") filed a waiver request1to file late-filed applications2for renewal of license of Microwave Industrial/Business Pool (Multiple Address System (MAS)) Stations WPJD459 and WPJD460, which expired on February 19, 2011. Because FKEC filed its applications more than thirty days after expiration, FKEC requests as part of its applications waiver of Section 1.949(a) of the Commission's Rules3to grant renewal of its late-filed application.4For the reasons stated below, we deny FKEC's Waiver Request and dismiss its late-filed Renewal Applications. The licenses for Stations WPJD459 and WPJD460 were last renewed on December 16, 2000, and expired on December 5, 2010.5Our records indicate that the Wireless Telecommunications Bureau sent renewal reminder notices to FKEC on November
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  • July 7, 2011, airBand Communications, Inc. (``airBand'') filed a waiver request to file late-filed applications for renewal of licenses of Common Carrier Fixed Point to Point Microwave Stations WPSK767, WPSK770, WPSK773, and WPSK777, which expired on June 5, 2011. Because airBand filed its applications more than thirty days after expiration, airBand requests as part of its application waiver of Section 1.949(a) of the Commission's Rules to allow acceptance of its late-filed applications. For the reasons stated below, we deny airBand's Waiver Request and dismiss its Renewal Applications. AirBand was the licensee of Common Carrier Fixed Point to Point Microwave Stations WPSK767, WPSK770, WPSK773, and WPSK777. The licenses for WPSK767, WPSK770, WPSK773, and WPSK777 were issued on June 5, 2001, and expired
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  • Nold: On July 7, 2011, airBand Communications, Inc.("airBand") filed a waiver request1to file late- filed applications2for renewal of licenses of Common Carrier Fixed Point to Point Microwave Stations WPSK767, WPSK770, WPSK773, and WPSK777, which expired on June 5, 2011. Because airBand filed its applications more than thirty days after expiration, airBand requests as part of its application waiver of Section 1.949(a) of the Commission's Rules3to allow acceptance of its late-filed applications.4 For the reasons stated below, we deny airBand's Waiver Request and dismiss its Renewal Applications. AirBand was the licensee of Common Carrier Fixed Point to Point Microwave Stations WPSK767, WPSK770, WPSK773, and WPSK777.5The licenses for WPSK767, WPSK770, WPSK773, and WPSK777 were issued on June 5, 2001, and expired on June
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  • filed by Hughes Network Systems, LLC and DIRECTV Enterprises, LLC on August 4, 2010 ARE GRANTED to the extent that the comments will be treated as informal requests for Commission action and are otherwise 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 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the licensing staff of the Broadband Division SHALL PROCESS the applications listed in the Appendix in accordance with this Memorandum Opinion and Order by and the Commission's rules and policies. Any grant of these applications shall exclude the 28.35-29.1 GHz band from the licenses in question. IT IS FURTHER ORDERED, pursuant
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  • Comments, filed by Hughes Network Systems, LLC and DIRECTV Enterprises, LLC on August 4, 2010 ARE GRANTED to the extent that the comments will be treated as informal requests for Commission action and are otherwise DENIED. 16. 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. § 1.949, that the licensing staff of the Broadband Division SHALL PROCESS the applications listed in the Appendix in accordance with this Memorandum Opinion and Orderbyand the Commission's rules and policies. Any grant of these applications shall exclude the 28.35-29.1 GHz band from the licenses in question. 17. ITIS FURTHER ORDERED, pursuant to Section
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  • AND IS OTHERWISE DENIED. IT IS FURTHER ORDERED that the licenses for Stations WPIQ777, WPCX618, and WQAQ340 SHALL BE REINSTATED to Active status in the Commission's Universal Licensing System, and that the license for Station WNVJ741 SHALL BE REINSTATED upon the filing of an acceptable renewal application as set forth in paragraph 16, supra. IT IS FURTHER ORDERED that Sections 1.949(a), 90.155(a), and 90.157(a) of the Commission's Rules, 47 C.F.R. §§ 1.949(a), 90.155(a), and 90.157(a), ARE WAIVED to the extent set forth above. IT IS PROPOSED that, pursuant to Sections 4(i) and 316(a) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 316(a), and Section 1.87 of the Commission's Rules, 47 C.F.R. § 1.87, the license for Station
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  • or more is considered to have been permanently discontinued). 46SeeSweet Briar Institute, Memorandum Opinion and Order, 24 FCC Rcd 8088, 8093 ¶ 18 (WTB BD 2009) (holding that it "would be absurd to reinstate a license whose term had expired and then deprive the licensee of the reinstatement by refusing to renew the license on timeliness grounds"). 4747 C.F.R. § 1.949(a). 48See, e.g., Henry Zappia, Order on Reconsideration, 18 FCC Rcd 13118, 13120-21 ¶ 7 (WTB PSPWD 2003) (granting a sua spontewaiver of the license renewal requirements to the holder of an expired license, based on "sufficiently unique" circumstances, including the thwarting of the licensee's efforts to file a timely renewal application by an adversarial third party acting in contravention of
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  • Released: December 6, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Carrier Coach Inc. (``Carrier Coach''). The Consent Decree terminates an investigation initiated by the Bureau regarding Carrier Coach's compliance with section 301 of the Communications Act of 1934, as amended, and sections 1.903(a) and 1.949(a) of the Commission's rules, pertaining to the operation of a wireless radio station without Commission authority and the failure to file a timely renewal application for a wireless radio station. The Bureau and Carrier Coach have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
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  • and Order, 2 FCC Rcd 17930, 17939 (1997). 800 MHz Second Memorandum Opinion and Order, 22 FCC Rcd at 10479-80 ¶ 33. Preferred Petition at 18, quoting Third Report and Order, 25 FCC Rcd at 4448 ¶ 13. Sprint Opposition at 9. Id. citing Supplemental Order, 19 FCC Rcd at 25155 ¶ 79. Preferred Reply at 1. 47 C.F.R. § 1.949. Improving Public Safety Communications in the 800 MHz Band, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969 (2004) (800 MHz Report and Order). Preferred Petition at 23. Id. Supplemental Order, 19 FCC Rcd at 25154 ¶ 76. Preferred Petition at 24. Id. Second Memorandum Opinion and Order, 22 FCC Rcd
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  • into possible violations by Rio Tinto and Alcan of Section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.948 of the Commission's rules (``Rules''), relating to the requirement that Commission approval be obtained prior to assignment or transfer of control of wireless radio station licenses; and Section 301 of the Act, and Sections 1.903 and 1.949(a) of the Rules, relating to the authorized operation of stations and equipment in the wireless radio services, and the timely filing of renewal applications. The Bureau, Rio Tinto, and Alcan have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of
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  • Bureau's Investigation into whether Rio Tinto and Alcan violated Section 310(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.948 of the Commission's Rules (``Rules''), relating to the requirement that Commission approval be obtained prior to assignment or transfer of control of wireless radio station licenses; and Section 301 of the Act, and Sections 1.903 and 1.949(a) of the Rules, relating to the authorized operation of stations and equipment in the wireless radio services, and the timely filing of renewal applications. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq. ``Adopting Order'' or ``Order'' means an order
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  • of Section 27.14(o) of the Commission's Rules to extend the deadline for Educational Broadband Service (``EBS'') licensees to demonstrate substantial service from May 1, 2011 to November 1, 2011. See Request for Waiver of Section 27.14(o) of the Commission's Rules, The National EBS Association and the Catholic Television Network (filed Feb. 9, 2011). That request remains pending. See 47 C.F.R. 1.949(a) (``Applications for renewal of authorizations in the Wireless Radio Services must be filed no later than the expiration date of the authorization for which renewal is sought, and no sooner than 90 days prior to expiration.''); 47 C.F.R. § 1.4(j). The Commission may grant a request for waiver if it is shown that the underlying purpose of the rule(s) would
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  • request for waiver of Section 27.14(o) of the Commission's Rules to extend the deadline for Educational Broadband Service ("EBS") licensees to demonstrate substantial service from May1, 2011 to November 1,2011. See Request for Waiver of Section 27.14(o) of the Commission's Rules, The National EBS Association and the Catholic Television Network (filed Feb. 9, 2011). That request remains pending. 12See47 C.F.R. 1.949(a) ("Applications for renewal of authorizations in the Wireless Radio Services must be filed no later than the expiration date of the authorization for which renewal is sought, and no sooner than 90 days prior to expiration."); 47 C.F.R. § 1.4(j). 13The Commission may grant a request for waiver if it is shown that the underlying purpose of the rule(s) would
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  • (``Shubat''), former licensee of Private Land Mobile Radio Service (``PLMRS'') station WPMH780, Hibbing, Minnesota, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended (``Act'') and section 1.903(a) of the Commission's rules (``Rules'') and for apparent willful violation of section 1.949(a) of the Rules. The noted apparent violations involve Shubat's operation of the station for more than six years without Commission authority and its failure to timely file a renewal application for its PLMRS station. background On July 30, 1998, Shubat was granted a five-year license to operate station WPMH780 through July 30, 2003. On May 5, 2003, the Commission's Wireless
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  • for Forfeiture (``NAL''), we find Harrah's Atlantic City Operating Company LLC (``Harrah's''), former licensee of Industrial/Business Pool Radio Station WSZ911 in Atlantic City, New Jersey, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended (``Act'') and sections 1.903(a) and 1.949(a) of the Commission's rules (``Rules''). The noted apparent violations involve Harrah's operation of Station WSZ911 without Commission authority, and its failure to timely file a renewal application for the station for almost ten years. BACKGROUND On April 8, 2010, agents in the Enforcement Bureau's Philadelphia Office (``Philadelphia Office'') conducted routine monitoring of several paging frequencies in the Atlantic City area
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  • Nos. 0002925891, 0002925984. The STAs were granted under Call Signs WQGL873 and WQGL874, and are scheduled to expire on June 20, 2011. We note that PSI is licensed to operate another IK station at the remaining WPKC922 location. See license for Call Sign WNGR945. Federal Communications Commission DA 11-680 2 applications, but mistakenly classified them as MD applications.6 4. Section 1.949(a) of the Commission's Rules requires that applications for renewal of authorizations in the Wireless Radio Services be filed no later than the expiration date of the authorization.7 The Commission's policy regarding treatment of late-filed renewal applications in the Wireless Radio Services is as follows: Renewal applications that are filed up to thirty days after the expiration date of the license
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  • File Nos. 0002925891, 0002925984. The STAs were granted under Call Signs WQGL873 and WQGL874, and are scheduled to expire on June 20, 2011. We note that PSI is licensed to operate another IK station at the remaining WPKC922 location. See license for Call Sign WNGR945. 5913 Federal Communications Commission DA 11-680 applications, but mistakenly classified them as MD applications.6 4.Section 1.949(a) of the Commission's Rules requires that applications for renewal of authorizations in the Wireless Radio Services be filed no later than the expiration date of the authorization.7 The Commission's policy regarding treatment of late-filed renewal applications in the Wireless Radio Services is as follows: Renewal applications that are filed up to thirty days after the expiration date of the license
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  • Stations KQM59, KFU30, KFU31, KFU32, KFU33, KFU34, KHY50, KHY52, WPNF873, KQL59, KQM69, and KFU28, each of which expired on either October 17, 2010, or December 27, 2010. Thereafter, on March 22, 2011, Columbia filed amendments to its waiver requests. Because Columbia filed its applications more than thirty days after expiration, Columbia requests as part of its applications waiver of Section 1.949(a) of the Commission's Rules to allow acceptance of its late-filed applications. In addition, Columbia filed a Petition for Reconsideration requesting that the FCC reconsider its decision to terminate the licenses for call signs WPNF873, KQL59 and KQM69. For the reasons stated below, we grant Columbia's Waiver Requests and dismiss its Petition for Reconsideration as moot. Columbia is the licensee of
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  • Industrial/Business Pool Stations KQM59, KFU30, KFU31, KFU32, KFU33, KFU34, KHY50, KHY52, WPNF873, KQL59, KQM69, and KFU28, each of which expired on either October 17, 2010, or December 27, 2010.1Thereafter, on March 22, 2011, Columbia filed amendments to its waiver requests.2 Because Columbia filed itsapplications more than thirty days after expiration, Columbia requests as part of its applications waiver of Section 1.949(a) of the Commission's Rules3to allow acceptance of its late- filed applications.4In addition, Columbia filed a Petition for Reconsideration requesting that the FCC reconsider its decision to terminate the licenses for call signs WPNF873, KQL59 and KQM69.5For the reasons stated below, we grant Columbia's Waiver Requests and dismiss its Petition for Reconsideration as moot. 1Applications for Renewal of License, File Nos.
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  • Fukunaga: On February 2, 2011, Hawaiian Electric Company, Inc. (``HECO'') filed a waiver request to file a late-filed application for renewal of license of Microwave Industrial/Business Pool (Multiple Address System (MAS)) Station WPJB757, which expired on December 5, 2010. Because HECO filed its application more than thirty days after expiration, HECO requests as part of its application waiver of Section 1.949(a) of the Commission's Rules to grant renewal of its late-filed application. For the reasons stated below, we deny HECO's Waiver Request and dismiss its late-filed Renewal Application. The license for Station WPJB757 was last renewed on November 2, 2000, and expired on December 5, 2010. Our records indicate that a renewal reminder notice was sent to HECO on September 13,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-840A1_Rcd.pdf
  • Dear Mr. Fukunaga: On February 2, 2011, Hawaiian Electric Company, Inc. ("HECO") filed a waiver request1to file a late-filed application2for renewal of license of Microwave Industrial/Business Pool (Multiple Address System (MAS)) Station WPJB757, which expired on December 5, 2010. Because HECO filed its application more than thirty days after expiration, HECO requests as part of its application waiver of Section 1.949(a) of the Commission's Rules3to grant renewal of its late-filed application.4For the reasons stated below, we deny HECO's Waiver Request and dismiss its late-filed Renewal Application. The license for Station WPJB757 was last renewed on November 2, 2000, and expired on December 5, 2010.5Our records indicate that a renewal reminder notice was sent to HECO on September 13, 2010.6Section 1.949(a) of
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  • filed by Longhorn Communications, Inc. on March 20, 2009 ARE DENIED and File Nos. 0003775873, 0003775874, 0003775875, 0003775876, 0003775877, 0003775878, 0003775879 0003775880, 0003775881, 0003775882, 0003775883, 0003775884, 0003775885, 0003775886, 0003775887, 0003775888, and 0003775889 ARE DISMISSED. IT IS FURTHER ORDER that; pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r); and Sections 1.949 and 90.743 of the Commission's Rules, 47 C.F.R. §§ 1.949, 90.743, the renewal applications filed by Longhorn Communications, Inc. on March 17, 2009, under File Nos. 0003775907, 0003775908, 0003775909, 0003775910, 0003775911, 0003775912, 0003775913, 0003775914, 0003775915, 0003775916, 0003775917, 0003775918, 0003775919, 0003775920, 0003775921, 0003775922, and 0003775923 ARE DISMISSED. The Mobility Division is directed to modify the Commission's licensing records to reflect the
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  • Construct filed by Longhorn Communications, Inc. on March 20, 2009 ARE DENIED and File Nos. 0003775873, 0003775874, 0003775875, 0003775876, 0003775877, 0003775878, 0003775879 0003775880, 0003775881, 0003775882, 0003775883, 0003775884, 0003775885, 0003775886, 0003775887, 0003775888, and 0003775889 ARE DISMISSED. ITIS FURTHER ORDER that; pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r); and Sections 1.949 and 90.743 of the Commission's Rules, 47 C.F.R. §§1.949, 90.743, the renewal applications filed by Longhorn Communications, Inc. on March 17, 2009, under File Nos. 0003775907, 0003775908, 0003775909, 0003775910, 0003775911, 0003775912, 0003775913, 0003775914, 0003775915, 0003775916, 0003775917, 0003775918, 0003775919, 0003775920, 0003775921, 0003775922, and 0003775923 ARE DISMISSED. 27See Applications filed by Licensees in the Local Multipoint Distribution Service (LMDS) Seeking Waivers of
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  • Inc. (``Call Mobile''), former licensee of Industrial/Business Pool Radio station WPKM300, in Lexington, Kentucky, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended (``Act'') and section 1.903(a) of the Commission's rules (``Rules''), and for apparent willful violation of section 1.949(a) of the Rules. The noted apparent violations involve Call Mobile's operation of station WPKM300 without Commission authority and its failure to timely file a renewal application for the station for more than two and a half years. Background On April 16, 1997, Call Mobile was granted a license to operate station WPKM300 until the license expiration date of April 16,
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  • 154(i), 309, 405(a), and Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the Petition for Reconsideration filed by First Student, Inc., on July 22, 2011, IS GRANTED to the extent discussed herein. 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 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the renewal application, File No. 0004598090, SHALL BE REINSTATED AND PROCESSED in accordance with this Order on Reconsideration and the Commission's rules and policies. IT IS FURTHER ORDERED that First Student, Inc., is hereby directed to file an amendment to its renewal application, File No. 0004598090, within sixty (60) days of
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  • Uniradio's responsibilities under the Licensing and Permitting Rules. ``Effective Date'' means the date on which the Bureau releases the Adopting Order. ``Investigation'' means the investigation commenced by the Bureau's July 25, 2011 letter of inquiry regarding Uniradio's delivery of cross-border programming to Mexican broadcast station XERCN, Tijuana, Mexico. ``Licensing and Permitting Rules'' means Section 325(c), Section 301of the Act, Section 1.949(a) of the Rules, and other Communications Laws that prohibit the use or operation of a wireless radio station or the delivery of programming to a foreign broadcast station without a valid authorization. ``Operating Procedures'' means the standard, internal operating procedures and compliance policies established by Uniradio to implement the Compliance Plan. ``Parties'' means Uniradio and the Bureau, each of which
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  • in which to establish compliance with the Commission's LMDS substantial service requirement. For the reasons stated below, we deny the Renewal Waiver Request and dismiss its extension request as moot. LMDS Ventures was the licensee of LMDS Stations WPOJ972 and WPOJ973. The licenses for WPOJ972 and WPOJ973 were issued on August 9, 1999 and expired on August 9, 2009. Section 1.949(a) of the Commission's Rules requires licensees to file renewal applications no later than the expiration dates of licenses. LMDS Ventures failed to do so, not filing until April 12, 2010, and requesting that Section 1.949(a) of the Commission's Rules be waived to allow acceptance of its late-filed applications. LMDS Ventures claims that its partners were unaware that the licenses had
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  • 1, 2012, in which to establish compliance with the Commission's LMDS substantial service requirement.2For the reasons stated below, we deny the Renewal Waiver Request and dismiss its extension request as moot. LMDS Ventures was the licensee of LMDS Stations WPOJ972 and WPOJ973. The licenses for WPOJ972 and WPOJ973 were issued on August 9, 1999 and expired on August 9, 2009.3Section 1.949(a) of the Commission's Rules requires licensees to file renewal applications no later than the expiration dates of licenses.4LMDS Ventures failed to do so, not filing until April 12, 2010, and requesting that Section 1.949(a) of the Commission's Rules be waived to allowacceptance of its late-filed applications.5LMDS Ventures claims that its partners were unaware that the licenses had expired until PC
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ªÿ3´ Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LSU ALUMNI ASSOCIATION Application for Renewal of License of Educational Broadband Service Station WND423 and Request for Waiver of Section 1.949(a) of the Commission's Rules Application for Extension of Time to Construct EBS Station WND423 and Request for Waiver of Section 1.946(e) of the Commission's Rules ) ) ) ) ) ) ) ) ) ) ) ) ) File Nos. 0004220200, 0004220521 MEMORANDUM OPINION AND ORDER Adopted: March 28, 2012 Released: March 29, 2012 By the Deputy Chief, Broadband Division,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 12-490 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LSU ALUMNI ASSOCIATION Application for Renewal of License of Educational Broadband Service Station WND423 and Request for Waiver of Section 1.949(a) of the Commission's Rules Application for Extension of Time to Construct EBS Station WND423 and Request for Waiver of Section 1.946(e) of the Commission's Rules )))))))))))))File Nos. 0004220200, 0004220521 MEMORANDUM OPINION AND ORDER Adopted: March 28, 2012 Released: March 29, 2012 By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1.In this Memorandum Opinion and Order, we deny
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  • EBS station, WLX569, was included in the Initiation Plan for the Hartford, Connecticut BTA184, which Sprint also transitioned. Sprint initiated the transition for BTA184 just one month after it initiated the transition for BTA318. On July 16, 2007, the Archdiocese filed an application to renew its license to operate Station WHR893, along with a request for a waiver of Section 1.949(a) to permit it to file a late-filed renewal application. On September 28, 2007, while the Archdiocese's application to renew Station WHR893 was still pending, Sprint filed a Post-Transition Notification, in which Sprint informed the Commission that it had completed the transition for BTA318. Station WHR893 was not included in the list of stations that were transitioned. On November 16, 2007,
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  • EBS station, WLX569, was included in the Initiation Plan for the Hartford, Connecticut BTA184, which Sprint also transitioned.14Sprint initiated the transition for BTA184 just one month after it initiated the transition for BTA318.15 6. On July 16, 2007, the Archdiocese filed an application to renew its license to operate Station WHR893, along with a request for a waiver of Section 1.949(a) to permit it to file a late-filed renewal application.16On September 28, 2007, while the Archdiocese's application to renew Station WHR893 was still pending, Sprint filed a Post-Transition Notification, in which Sprint informed the Commission that it had completed the transition for BTA318.17Station WHR893 was not included in the listof stations that were transitioned. On November 16, 2007, the Archdiocese filed
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  • 47 C.F.R. §§ 1.925, 1.946, that the request for waiver and the application for extension of time to demonstrate substantial service (File No. 0004710165) filed by Xanadoo, LLC on April 29, 2011 ARE DENIED. 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 Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the application for renewal of Broadband Radio Service license WMY298 filed by Xanadoo, LLC on April 29, 2011 (File No. 0004710163) IS DISMISSED WITH PREJUDICE. 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 1.955(a)(2) of
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  • Commission's Rules, 47 C.F.R. §§ 1.925, 1.946, that the request for waiver and the application for extension of time to demonstrate substantial service (File No. 0004710165) filed by Xanadoo, LLC on April 29, 2011ARE DENIED. 19. ITIS FURTHER ORDERED that, pursuant to Sections 4(i) and 309of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the application for renewal of Broadband Radio Service license WMY298 filed by Xanadoo, LLC on April 29, 2011(File No. 0004710163) IS DISMISSED WITH PREJUDICE. 20. 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 1.955(a)(2) of the
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  • 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 U.S.C.
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  • delay of filing, the licensee's performance record, the reasons for the failure to timely file, and the potential consequences to the public if the license were to terminate.26Because DeltaCom filed its 20See47C.F.R. §90.743(a) (providing that "[a]ll licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of §1.949 of this chapter"). 21Id. §90.743(a)(1)-(2). Section 90.743(a)(1) defines "substantial service" for purposes of renewal as "service that is sound, favorable, and substantially above a level of mediocre service that just might minimally warrant renewal." Id.§90.743(a)(1). 22Id. §1.955(a)(1). 23Id. §1.925(b)(3)(i)-(ii). 24In the Matter of Biennial RegulatoryReview ­Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, and
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  • construction requirements for PCS license WQGH652 filed on April 24, 2009 and amended on May 18, 2009, July 8, 2009, and May 5, 2010, ARE HEREBY DENIED. Accordingly, PCS License WQGH652 TERMINATED AUTOMATICALLY ON JUNE 30, 2009. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and Sections 0.131, 0.331, and 1.949 of the Commission's Rules, 47 C.F.R. §§ 0.131, 0.331, and 1.949, that the above-captioned application for renewal of license, IS HEREBY DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau Crossroads License Holding Sub A Inc., Request for Extension of Time to Satisfy 10-year Construction Threshold for Call Sign WQGH652, Universal Licensing System
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  • 1.925, 1.946(c), 1.946(e), 1.955(a)(2), and 90.767 that the 2007 Extension Requests (including all Supplements and Amendments) for the Havens Licenses, ARE HEREBY DENIED. Accordingly, all Havens Licenses, as outlined in Appendix A, TERMINATED AUTOMATICALLY ON NOVEMBER 5, 2007. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and Sections 0.131, 0.331, 1.949, 1.955 and 90.743 of the Commission's Rules, 47 C.F.R. §§ 0.131, 0.331, 1.949, 1.955 and 90.743 that the Skybridge Renewal Applications, ARE HEREBY DENIED. Accordingly, all Skybridge licenses outlined in Appendix A TERMINATED AUTOMATICALLY AT THE END OF THEIR INITIAL LICENSE TERM. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i),
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  • amended, 47 U.S.C. §§ 154(i), 405, and Sections 1.106 of the Commission's Rules, 47 C.F.R. §§ 1.106 the Petition for Reconsideration filed by Somerville Independent School District, Somerville, Texas on May 7, 2012 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 Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the Broadband Division SHALL REINSTATE AND PROCESS the application filed by Somerville Independent School District, Somerville, Texas (File No. 0004964016) in accordance with this Order on Reconsideration and the Commission's rules and policies. These actions are taken under designated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47
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  • apparently mistakenly believed his paging station was subject to regulation under Part 22, Subpart E (Public Mobile Services - Paging & Radiotelephone Service) of the Rules. Paging licensees in the Public Mobile Service are granted exclusive use of a radio channel for a given area and may relocate transmitters that are not considered a major modification as defined in Section 1.949(c)(1) of the Rules without prior FCC approval. However, Mr. Wayne applied for a PLMR station under Part 90, not a Public Mobile Service station under Part 22. As a PLMR applicant, Mr. Wayne was required to contact a frequency advisory committee, as outlined in Section 90.175 of the Rules, in order to determine what impact the proposed station will have
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  • 1.986 Illinois 1,581,861,275 7,658,859 206.54 15,116,796 1.331 Indiana 886,865,249 3,620,575 244.95 9,637,221 0.849 Iowa 388,490,439 1,608,595 241.51 14,662,420 1.291 Kansas 548,365,491 1,484,063 369.50 70,403,290 6.199 Kentucky 737,006,893 2,086,307 353.26 23,381,302 2.059 Louisiana 806,590,956 2,388,005 337.77 48,236,156 4.247 Maine 240,309,699 849,769 282.79 6,208,705 0.547 Maryland 828,774,794 3,741,166 221.53 248,024 0.022 Massachusetts 841,873,498 3,984,705 211.28 232,296 0.020 Michigan 1,456,518,432 5,962,539 244.28 22,129,834 1.949 Minnesota 772,684,273 2,848,843 271.23 28,186,723 2.482 Mississippi 555,205,315 1,376,962 403.21 27,226,158 2.397 Missouri 1,087,096,563 3,386,695 320.99 39,243,374 3.455 Montana 199,689,498 523,879 381.17 26,593,080 2.342 Nebraska 281,348,664 850,404 330.84 16,900,302 1.488 Nevada 278,849,788 1,314,168 212.19 5,548,687 0.489 New Hampshire 211,421,939 784,265 269.58 804,855 0.071 New Jersey 1,428,180,883 6,327,653 225.70 0 0.000 New Mexico 331,020,788 967,109 342.28 19,990,108 1.760 New York 2,987,250,220
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  • 1.986 Illinois 1,581,861,275 7,658,859 206.54 15,116,796 1.331 Indiana 886,865,249 3,620,575 244.95 9,637,221 0.849 Iowa 388,490,439 1,608,595 241.51 14,662,420 1.291 Kansas 548,365,491 1,484,063 369.50 70,403,290 6.199 Kentucky 737,006,893 2,086,307 353.26 23,381,302 2.059 Louisiana 806,590,956 2,388,005 337.77 48,236,156 4.247 Maine 240,309,699 849,769 282.79 6,208,705 0.547 Maryland 828,774,794 3,741,166 221.53 248,024 0.022 Massachusetts 841,873,498 3,984,705 211.28 232,296 0.020 Michigan 1,456,518,432 5,962,539 244.28 22,129,834 1.949 Minnesota 772,684,273 2,848,843 271.23 28,186,723 2.482 Mississippi 555,205,315 1,376,962 403.21 27,226,158 2.397 Missouri 1,087,096,563 3,386,695 320.99 39,243,374 3.455 Montana 199,689,498 523,879 381.17 26,593,080 2.342 Nebraska 281,348,664 850,404 330.84 16,900,302 1.488 Nevada 278,849,788 1,314,168 212.19 5,548,687 0.489 New Hampshire 211,421,939 784,265 269.58 804,855 0.071 New Jersey 1,428,180,883 6,327,653 225.70 0 0.000 New Mexico 331,020,788 967,109 342.28 19,990,108 1.760 New York 2,987,250,220
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  • and by adding new paragraph (e) to read as follows: § 27.14 Construction requirements; Criteria for renewal. * * * * * (e) Comparative renewal proceedings do not apply to WCS licensees holding authorizations for the 698-746 MHz, 747-762 MHz, and 777-792 MHz bands. These licensees must file a renewal application in accordance with the provisions set forth in § 1.949 of this chapter. * * * * * 5. A new paragraph is to be inserted between paragraphs 15 and 16 of Appendix B: X. The subpart heading for subpart F is revised to read as follows: * * * * * Subpart F - Competitive Bidding Procedures for the 698-806 MHz Band * * * * * The subpart
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  • and 740-746 MHz bands, Block D in the 716-722 MHz band, Block E in the 722-728 MHz band, Block C, C1, or C2 in the 746-757 MHz and 776-787 MHz bands, or Block D in the 758-763 MHz and 788-793 MHz bands. Each of these licensees must file a renewal application in accordance with the provisions set forth in § 1.949, and must make a showing of substantial service, independent of its performance requirements, as a condition for renewal at the end of each license term. Sections 27.14(g)(1)-(3) of the Commission's Rules are revised to read as follows: WCS licensees holding EA authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, cellular market authorizations for Block B in
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  • the Division granted the Port Authority an additional one-year period to complete construction of its World Trade Center Stations. The grant of this Waiver Request does not relieve the Port Authority from applying for a renewal of license for any World Trade Center Station listed in the attachment prior to the expiration date of the license. See 47 C.F.R. § 1.949(a). Moreover, any renewal application submitted for a World Trade Center Station subject to grant of this Waiver Request will be held in pending status until the extended construction period granted herein is expired. See County of Beaver, Memorandum Opinion and Order, 18 FCC Rcd 18754, 18758 ¶ 13 (WTB PSPWD 2003) (renewal application for unconstructed station held in pending status
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  • submission will be dismissed for lack of information on the license record (unless the missing information is provided on this application). RO - Renewal Only: To renew an existing authorization, special temporary authorization or developmental authorization that has not expired and where no changes in the license conditions are being requested at the time of renewal. Refer to 47 CFR §1.949 for FCC rules on timely filings (Specified renewal time frame, must be filed no later than expiration date of the authorization and no sooner than 90 days prior to expiration). (To make any modifications to the administrative or technical data of the license, use the Renewal/Modification purpose.) Mandatory items required for submission of `RO' purpose are as follows: Item 1)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-272A1_Erratum.doc
  • grant or license renewal for incumbent licensees. 35. Section 101.527 is added to read as follows: § 101.527 Construction requirements for 24 GHz operations. (a) Each licensee must make a showing of ``substantial service'' within ten years of its license grant. A ``substantial service'' assessment will be made at renewal pursuant to the provisions and procedures set forth in § 1.949 of this chapter. (1) ``Substantial service'' is a service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal during its past license term. (b) Each licensee must, at a minimum file: (1) A report, maps and other supporting documents describing its current service in terms of geographic coverage and population served
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  • transfer at that point. The fact that Commission staff requested information on the status of construction and granted consent to transfer control of this station subsequent to its cancellation does not in any way require us to reinstate the subject license. Self Communications, Inc., Reinstatement Application for 218-219 MHz Service License KIVD0006, Chicago, Illinois and Request for Waiver of Sections 1.949(a) and 1.955(a)(1) of the Commission's Rules, Order and Notice of Apparent Liability for Forfeiture, 15 FCC Rcd. 18,661 (PSPWD 2000) (``Self Communications''). ADF Communications, Inc., Application for a New 470 MHz Radio Station in Boston, Massachusetts, Memorandum Opinion and Order, 14 FCC Rcd 17,037 (WTB 1999) (``ADF Communications''). Champion Communications Services, Inc., DA 99-2438 (WTB Enf. rel. Nov. 5, 1999);
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  • serving documents or directing correspondence to that licensee[,]'' and that ``[t]he licensee is responsible for making any arrangements which may be necessary in his particular circumstances to assure that Commission documents or correspondence delivered to this address will promptly reach him or some person authorized by him to act in his behalf.'' 47 C.F.R. §§ 1.5(a), 1.5(b). 47 C.F.R. § 1.949(a). 47 C.F.R. § 1.955(a)(1). Biennial Review-Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Memorandum Opinion and Order on Reconsideration, 14 FCC Rcd 11,476, 11,485-86 ¶ 22 (1999) (``ULS MO&O''). See 47
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  • of Stations WRV927 and WXR916, of the Forfeiture Order issued by the Enforcement Bureau in this proceeding. Pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), and Section 1.80 of the Commission's Rules (``the Rules'') the Enforcement Bureau found Page-A-Phone liable for a monetary forfeiture in the amount of $1,500 for willful violation of Section 1.949 of the Rules by failing to file license renewal applications for paging Stations WRV927 and WXR916 prior to the expiration of the authorizations for the stations. 2. The Forfeiture Order issued in this proceeding was released on November 3, 2000. Pursuant to Section 1.115(d) of the Rules, Page-A-Phone had 30 days, ending on December 4, 2000, to file its application
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  • 1, subpart F of this chapter. Section 74.15 is proposed to be amended by revising the second sentence and deleting the last sentence of paragraph (f) to read as follows: § 74.15 Station license period. * * * * * (f) * * * An application for renewal of license shall be filed in accordance with the provisions of § 1.949. * * * * * Section 74.24 is proposed to be amended by revising the introductory text and paragraphs (a), (d), (f), (g), and the last two sentences of paragraph (i), by adding a new sentence to the end of paragraph (h)(1), and by removing the Note after paragraph (g) to read as follows: § 74.24 Short term operation. All
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  • specified in § 1.913(b) and (d) of this chapter. Section 74.15 is amended by revising the second sentence and deleting the last sentence of paragraph (f) to read as follows: § 74.15 Station license period. * * * * * (f) * * * An application for renewal of license shall be filed in accordance with the provisions of § 1.949. * * * * * Section 74.24 is amended by revising the introductory text and paragraphs (a), (d), (f), (g), and the last two sentences of paragraph (i), by adding a new sentence to the end of paragraph (h)(1), and by removing the Note after paragraph (g) to read as follows: § 74.24 Short term operation. All classes of broadcast
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  • Re Applications of Lorain Community Broadcasting Co., Lorain, Ohio, Memorandum Opinion and Order, 5 FCC 2d 55, 57 ¶ 6 (1966). We do not propose to expand the language of Section 1.937 to prohibit applications repeating renewal applications that were dismissed without prejudice, as this would bar a licensee whose renewal application was dismissed as late-filed, see 47 C.F.R. § 1.949(a), from seeking a new license to replace the expired license. See ¶ 6, infra. See generally 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a). 5 U.S.C. § 603. 5 U.S.C. § 605(b). 47 C.F.R. §§ 1.415, 1.419 See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, GC Docket No. 97-113, 13 FCC Rcd 11322 (1998). (continued....) Federal Communications Commission FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-83A1_Erratum.doc
  • Re Applications of Lorain Community Broadcasting Co., Lorain, Ohio, Memorandum Opinion and Order, 5 FCC 2d 55, 57 ¶ 6 (1966). We do not propose to expand the language of Section 1.937 to prohibit applications repeating renewal applications that were dismissed without prejudice, as this would bar a licensee whose renewal application was dismissed as late-filed, see 47 C.F.R. § 1.949(a), from seeking a new license to replace the expired license. See ¶ 6, infra. See generally 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a). 5 U.S.C. § 603. 5 U.S.C. § 605(b). 47 C.F.R. §§ 1.415, 1.419 See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, GC Docket No. 97-113, 13 FCC Rcd 11322 (1998). (continued....) Federal Communications Commission FCC
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  • to the end of the current term of the license authorization may, contingent on the Commission's grant of the license renewal, extend the spectrum leasing arrangement during the term of the renewed license authorization. The licensee must notify the Commission of such an extension of the spectrum leasing arrangement on the same application it submits for license renewal (see § 1.949 of this part). § 1.9030 Long-term de facto transfer leasing arrangements. Overview. Under the provisions of this section, a licensee (in any of the included services) and a spectrum lessee may enter into a long-term de facto transfer leasing arrangement in which the licensee retains de jure control of the license while de facto control of the leased spectrum is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
  • to the end of the current term of the license authorization may, contingent on the Commission's grant of the license renewal, extend the spectrum leasing arrangement during the term of the renewed license authorization. The licensee must notify the Commission of such an extension of the spectrum leasing arrangement on the same application it submits for license renewal (see § 1.949 of this part). § 1.9030 Long-term de facto transfer leasing arrangements. Overview. Under the provisions of this section, a licensee (in any of the included services) and a spectrum lessee may enter into a long-term de facto transfer leasing arrangement in which the licensee retains de jure control of the license while de facto control of the leased spectrum is
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  • Furthermore, 276 CMAs contain 2 or more counties where all counties have population densities of 100 persons per square mile or less. Eighth Competition Report at 14837 ¶ 114. See 47 C.F.R. §§ 24.203(a),(b) (five-year and ten-year construction requirements for broadband PCS), 90.655(c) (three-year and five-year requirements for 900 MHz SMR), 101.1011(a) (ten-year requirement for MDS). See 47 C.F.R. § 1.949. See id. Licensees must file applications for renewal of their authorizations and must comply with any additional renewal requirements set forth in the applicable service-specific subsections of our rules. Eighth Competition Report at 14794-95 ¶ 18. See SPTF Report at 59. See, e.g., 47 C.F.R. §§ 22.301-22.383 and 22.901-22.925 (Cellular Radiotelephone Service); 47 C.F.R. §§ 24.50-24.55 and 24.229-24.238 (broadband PCS);
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  • consolidating limitations 10 and 38 and update frequency table(s) accordingly. Section 90.35(b)(3). Eliminate redundancy by deleting one of the two entries for frequency 35.48. Section 90.35(c). Remove limitation 45. Section 90.149. Add ``Except as provided in subpart R of this part,'' to the beginning of Section 90.149(a) and eliminate 90.149(d). Section 90.743(a). Replace the cross-reference to Section 90.149 with Section 1.949. Section 90.743(c). Update the license term for Phase I non-nationwide licensees from five years to ten years. Procedural Matters Comment Filing Procedures Comments and reply comments. Pursuant to applicable procedures set forth in sections 1.415 and 1.419 of the Commission's rules, interested parties may file comments in response to this Notice of Proposed Rulemaking in WT Docket No. 03-264 on
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  • Associated with Applications, Public Notice, 14 FCC Rcd 5499 (WTB 1999). Unified Dismissal and Return PN, 17 FCC Rcd at 30. Id. at 32. ULS R&O, 13 FCC Rcd 21,027, 21,033-21,034 ¶ 10. Id. Id. The MDS and ITFS application forms are FCC Forms 304, 304A, 305, 306, 330, 330A, 330R, 331, 405, 430, and 701. See 47 C.F.R. § 1.949 for the rules governing renewals. ; 47 C.F.R. § 0.408. See 47 C.F.R. § 1.948. See e.g. 47 C.F.R §§ 73.3500, 73.3536 (elimination of all references to FCC Form 330-L, ``Application for Instructional Television Fixed Station License); 47 C.F.R. §§ 21.11(b); 73.3500; 73.3533(b) (elimination of all references to FCC Form 307). In addition, we propose to delete references to obsolete
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4_Erratum.doc
  • Associated with Applications, Public Notice, 14 FCC Rcd 5499 (WTB 1999). Unified Dismissal and Return PN, 17 FCC Rcd at 30. Id. at 32. ULS R&O, 13 FCC Rcd 21,027, 21,033-21,034 ¶ 10. Id. Id. The MDS and ITFS application forms are FCC Forms 304, 304A, 305, 306, 330, 330A, 330R, 331, 405, 430, and 701. See 47 C.F.R. § 1.949 for the rules governing renewals. ; 47 C.F.R. § 0.408. See 47 C.F.R. § 1.948. See e.g. 47 C.F.R §§ 73.3500, 73.3536 (elimination of all references to FCC Form 330-L, ``Application for Instructional Television Fixed Station License); 47 C.F.R. §§ 21.11(b); 73.3500; 73.3533(b) (elimination of all references to FCC Form 307). In addition, we propose to delete references to obsolete
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  • Community Broadcasting Co., Memorandum Opinion and Order, 5 FCC 2d 55, 57 ¶ 6 (1966). NPRM, 17 FCC Rcd at 5630 ¶ 5. We do not expand the language of Section 1.937 to prohibit applications repeating renewal applications that were dismissed without prejudice, as this would bar a licensee whose renewal application was dismissed as late-filed, see 47 C.F.R. § 1.949(a), from seeking a new license to replace the expired license. See 47 C.F.R. §§ 1.91, 1.92. 5 U.S.C. § 605(b). (continued....) Federal Communications Commission FCC 03-79 Federal Communications Commission FCC 03-79 �@ˆþÿ D L T [ a b c d G H 0 G H 0 l‹ ­
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  • (WTB 1999). Unified Dismissal and Return PN, 17 FCC Rcd at 30. Id. at 32. See NPRM, 18 FCC Rcd at 6809-11 ¶¶ 215-219. The MDS and ITFS application forms are FCC Forms 304, 304A, 305, 306, 330, 330A, 330R, 331, 405, 430, and 701. ULS R&O, 13 FCC Rcd at 21033-34 ¶ 10. Id. Id. See 47 C.F.R. § 1.949 for the rules governing renewals. , supra; 47 C.F.R. § 0.408. See 47 C.F.R. § 1.948. See AHMLC Comments at 6; IMLC Comments at 8-9. AHMLC, however, observes that certain legal qualifications information called for by Form 430 (status of criminal and antitrust litigation) is not called for by Form 602. See id. We agree with AHMLC's observations, however, we
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  • Third Report and Order and Fifth Notice of Proposed Rulemaking, 12 FCC Rcd 10943, 11017-18 ¶ 158 (1998). As the Commission noted in the Rural NPRM, licensees must file applications for renewal of their authorizations and must comply with any applicable renewal requirements. See Rural NPRM, 18 FCC Rcd at 20825 ¶ 43 n. 93. See also 47 C.F.R. § 1.949. Id. at 20820-23 ¶¶ 35-39. We do not include EA and regional 220 MHz licensees offering fixed services or who have at least one incumbent, co-channel Phase I licensee in their markets. These licensees already may satisfy their construction requirement through the provision of substantial service. See 47 C.F.R. § 90.767(b). Similarly, Phase II nationwide 220 MHz licensees offering fixed
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  • the current term of the license authorization may, contingent on the Commission's grant of the license renewal, renew the spectrum leasing arrangement to extend into the term of the renewed license authorization. The Commission must be notified of the renewal of the spectrum leasing arrangement at the same time that the licensee submits its application for license renewal (see § 1.949). The spectrum lessee may operate under the extended term, without further action by the Commission, until such time as the Commission shall make a final determination with respect to the renewal of the license authorization and the extension of the spectrum leasing arrangement into the term of the renewed license authorization. 10. Revise § 1.9030 as follows: a. In paragraph
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  • 12 FCC Rcd at 12,660 ¶ 270; WCS Report and Order, 12 FCC Rcd at 10,843-44; 218-219 MHz Service Report and Order, 15 FCC Rcd at 1,538 ¶ 70. See 70/80/90 GHz Report and Order at ¶ 80. See 47 C.F.R. § 101.65. Former 47 C.F.R. § 21.45. 47 C.F.R. § 101.67. Former 47 C.F.R. § 101.15. 47 C.F.R. § 1.949. 70/80/90 GHz Report and Order at ¶ 77. See, e.g., WinStar Comments at 36; Commco Comments at 11; GEC Comments at 6. See, e.g., LMDS Second Report and Order, 12 FCC Rcd at 12,656 ¶ 59; Report and Order and Second NPRM, 12 FCC Rcd at 18,620-21 ¶ 36. See, e.g., Report and Order and Second NPRM, 12 FCC Rcd
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  • or that are authorized under 90.621 (b)(5). (d) * * * Section 90.737 is removed. Section 90.743 is amended by revising paragraphs (a) and (c) to read as follows: § 90.743 Renewal expectancy. (a) All licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of § 1.949. Licensees must demonstrate, in their application, that: (b) * * * (c) Phase I non-nationwide licensees have license terms of 10 years, and therefore must meet these requirements 10 years from the date of initial authorization in order to receive a renewal expectancy. Phase I nationwide licensees and all Phase II licensees have license terms of 10 years, and therefore
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1_Erratum.doc
  • or that are authorized under 90.621 (b)(5). (d) * * * Section 90.737 is removed. Section 90.743 is amended by revising paragraphs (a) and (c) to read as follows: § 90.743 Renewal expectancy. (a) All licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of § 1.949. Licensees must demonstrate, in their application, that: (b) * * * (c) Phase I non-nationwide licensees have license terms of 10 years, and therefore must meet these requirements 10 years from the date of initial authorization in order to receive a renewal expectancy. Phase I nationwide licensees and all Phase II licensees have license terms of 10 years, and therefore
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  • By the Commission: Introduction We have before us an Application for Review filed on February 24, 2003, by San Francisco IVDS, Inc. (San Francisco IVDS). In 2001, the former Public Safety and Private Wireless Division (Division) issued a Memorandum Opinion and Order (MO&O) denying San Francisco IVDS's petition for reinstatement of the above-captioned license and request for waiver of Sections 1.949(a) and 1.955(a)(1) of the Commission's rules, under which a license automatically cancels without further Commission action unless a timely application for renewal is filed. In its Application for Review, San Francisco IVDS seeks review of the decision issued in 2003 denying San Francisco IVDS's petition that sought reconsideration of the Division's MO&O. For the reasons discussed below, we grant the
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  • license term. Therefore, the annual fee amount shown in this table that is a small fee . . . must be multiplied by the 5- or 10-year license term, as appropriate to arrive at the total amount of the regulatory fees owed . . . .'' FY 2005 R&0 and Order on Reconsideration at ¶ 26. See 47 CFR § 1.949(a). See 47 C.F.R. §§1.1160(d), 1.1162. Refund requests should be sent via surface mail to: Federal Communications Commission, Office of the Managing Director, 445 12th Street, S.W, Room 1-A625, Washington, DC 20554, Attention: Regulatory Fee Refund Request. Comments of Kenneth J. Brown at 1-2. Comments of Kenneth J. Brown at 1. FY 2006 NPRM at ¶ 11. Comments of Kenneth J.
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  • result in forfeiture of the license and the licensee will be ineligible to regain it. * * * * * (e) Comparative renewal proceedings do not apply to WCS licensees holding authorizations for the 698-757 MHz, 758-763 MHz, 776-787 MHz, and 788-793 MHz bands. These licensees must file a renewal application in accordance with the provisions set forth in § 1.949, and must make a showing of substantial service, independent of its performance requirements, as a condition for renewal at the end of each license term. * * * * * (g) WCS licensees holding EA authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, cellular market authorizations for Block B in the 704-710 MHz and 734-740 MHz
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • result in forfeiture of the license and the licensee will be ineligible to regain it. * * * * * (e) Comparative renewal proceedings do not apply to WCS licensees holding authorizations for the 698-757 MHz, 758-763 MHz, 776-787 MHz, and 788-793 MHz bands. These licensees must file a renewal application in accordance with the provisions set forth in § 1.949, and must make a showing of substantial service, independent of its performance requirements, as a condition for renewal at the end of each license term. * * * * * (g) WCS licensees holding EA authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, cellular market authorizations for Block B in the 704-710 MHz and 734-740 MHz
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  • MHz licensees with the review process that the Commission conducts during a license renewal application. Finally, we sought comment on whether to adopt a new renewal process to replace the procedures for the filing of competing applications at renewal time. The renewal of 700 MHz Commercial Services licenses is governed by Parts 1 and 27 of the Commission's rules. Section 1.949 of the Commission's rules sets forth the general procedures for filing applications for renewal of licenses in the wireless radio services, including services in the 700 MHz Commercial Services Band. Although the rule states that ``[a]dditional renewal requirements applicable to specific services are set forth in the subparts governing those services,'' Part 27 contains no provisions on the specific renewal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1_Erratum.doc
  • MHz licensees with the review process that the Commission conducts during a license renewal application. Finally, we sought comment on whether to adopt a new renewal process to replace the procedures for the filing of competing applications at renewal time. The renewal of 700 MHz Commercial Services licenses is governed by Parts 1 and 27 of the Commission's rules. Section 1.949 of the Commission's rules sets forth the general procedures for filing applications for renewal of licenses in the wireless radio services, including services in the 700 MHz Commercial Services Band. Although the rule states that ``[a]dditional renewal requirements applicable to specific services are set forth in the subparts governing those services,'' Part 27 contains no provisions on the specific renewal
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  • MHz and 740-746 MHz bands, Block D in the 716-722 MHz band, Block E in the 722-728 MHz band, Block C, C1, or C2 in the 746-757 MHz and 776-787 MHz bands, or Block D in the 758-763 MHz and 788-793 MHz bands. Each of these licensees must file a renewal application in accordance with the provisions set forth in §1.949, and must make a showing of substantial service, independent of its performance requirements, as a condition for renewal at the end of each license term. (f) Comparative renewal proceedings do not apply to WCS licensees holding authorizations for the 698-746 MHz, 747-762 MHz, and 777-792 MHz bands. These licensees must file a renewal application in accordance with the provisions set
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  • (m), (n), and (o), and adding paragraph (p), to read as follows: § 27.14 Construction requirements; Criteria for renewal. * * * * * (e) Comparative renewal proceedings do not apply to WCS licensees holding authorizations for the 698-757 MHz and 776-787 MHz bands. These licensees must file a renewal application in accordance with the provisions set forth in § 1.949 of this chapter, and must make a showing of substantial service, independent of its performance requirements, as a condition for renewal at the end of each license term. * * * * * (m) A WCS licensee holding an authorization for the D Block in the 758-763 MHz and 788-793 MHz bands (the Upper 700 MHz D Block licensee) shall
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-82A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-82A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-82A1.txt
  • 154(i), 155(c), and Section 1.115 of the Commission's Rules, 47 C.F.R. § 1.115, the Application for Review filed by Oklahoma Western Telephone Company, Inc. on December 20, 2004 IS GRANTED to the extent indicated herein. IT IS FURTHER ORDERED, 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 Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that Oklahoma Western Telephone Company, Inc.'s applications to renew Stations WLK382, WNTC500, WNTC664, and WNTD797, File Nos., 20021231AAB, 20021231AAC, 20021231AAD and 20021231AAE ARE REINSTATED AND ARE REFERRED to the Wireless Telecommunications Bureau, Broadband Division for further processing consistent with this Memorandum Opinion and Order. IT IS FURTHER ORDERED, pursuant to Section 4(i)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.txt
  • read as follows: Licenses for individually licensed cellular transmitter stations will be issued for a period running concurrently with the license of the associated 218-219 MHz Service system with which it is licensed. Section 27.14 is amended by redesignating paragraphs (g) through (o) as (h) through (p), and adding paragraphs (g) and (q), to read as follows: t forth in §1.949 of this chapter. * * * * * (q) Each licensee holding authorizations in the 218-219 MHz band must make a showing of ``substantial service'' within ten years of the license grant. A ``substantial service'' assessment will be made at renewal pursuant to the provisions and procedures contained in §1.949 of this chapter. (1) Each licensee holding authorizations in the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1_Rcd.pdf
  • redesignating paragraphs(g) through (o) as (h) through (p), and adding paragraphs (g) and (q), to read as follows: § 27.14Construction requirements; criteria for renewal. * * * * * (g) Comparative renewal proceedings do not apply to licensees holding authorizations for the 218- 219MHz band. These licensees must file a renewal application in accordance with the provisions set forth in §1.949 of this chapter. * * * * * (q) Each licensee holding authorizations in the 218­219 MHz band must make a showing of "substantial service" within ten years of the license grant. A "substantial service" assessment will be made at renewal pursuant to the provisions and procedures contained in §1.949 of this chapter. (1) Each licensee holding authorizations in the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-189A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-189A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-189A1.txt
  • amend Part 97 to remove obsolete references to Technician Plus Class operator licenses. We note that the Commission also decided in 2000 not to renew radio amateur civil emergency service (RACES) station licenses. Because the last RACES station license has expired, we amend Part 97 to remove references to RACES station licenses. We also revise Section 97.21 to reference Section 1.949 of our rules, which requires that renewal applications be filed no sooner than ninety days prior to expiration of the license. Finally, we amend Sections 0.191 and 0.392 to remove references to Section 97.401(b), which the Commission removed in 2006. CONclusion In summary, we believe that the public interest will be served by amending certain rules in order to make
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  • the efficient use of spectrum resources, and will serve the public interest by providing licensees certainty regarding their license renewal requirements. We also find that the renewal processes that we propose to adopt below would encourage licensees to invest in new facilities and services, and facilitate their business and network planning. We seek comment on these findings. Current Requirements Section 1.949(a) specifies two universal requirements for filing applications for renewal of licenses in the Wireless Radio Services. First, the rule establishes a 90-day filing period for renewal applications, beginning 90 days prior to expiration of an authorization and ending on its expiration date. Second, the rule requires applicants to use the ``same form as applications for initial authorization in the same
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
  • efficient use of spectrum resources, and will serve the public interest by providing licensees certainty regarding their license renewal requirements. We also find that the renewal processes that we propose to adopt below would encourage licensees to invest in new facilities and services, and facilitate their business and network planning. We seek comment on these findings. 1. Current Requirements 8.Section 1.949(a) specifies two universal requirements for filing applications for renewal of licenses in the Wireless Radio Services.8First, the rule establishes a 90-day filing period for renewal applications, beginning 90 days prior to expiration of an authorization and ending on its expiration date.9 Second, the rule requires applicants to use the "same form as applications for initial authorization in the same service,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.txt
  • Proposed Rules For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR parts 1, 2, 25, 27, 101 as follows: PART 1- PRACTICE AND PROCEDURE The authority citation for part 1 continues to read as follows: Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309. Section 1.949 is amended by adding paragraph (c) as follows: § 1.949 Application for renewal of license. ***** (c) Renewal Showing. An applicant for renewal of a geographic-area authorization in the 2000-2020 MHz and 2180-2200 MHz service bands must make a renewal showing, independent of its performance requirements, as a condition of renewal. The showing must include a detailed description of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1_Erratum.doc
  • and (ii) whether the licensee's operations service niche markets or focus on serving populations outside of areas served by other licensees. The ``substantial service'' requirement can, however, be met in other ways, and the Commission will review each licensee's showing on a case-by-case basis. A ``substantial service'' assessment will be made at renewal pursuant to the procedures contained in § 1.949 of this chapter. § 101.1329 EA Station license, location, modifications. EA licensees may construct master and remote stations anywhere inside the area authorized in their licenses, without prior approval, so long as the Commission's technical and other Rules are complied with, except that individual licenses are required for any master station that: Requires the submission of an Environmental Assessment under
• 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
  • 22.145. 83 This proposal does not affect the five year grace period within which holders of Commercial Radio Operator 84 licenses may renew expired licenses without retaking the required examination. See 47 C.F.R. § 13.13(b). Notification would be sent to the point of contact listed in the ULS database for each call sign. 85 See proposed rule 47 C.F.R. § 1.949(a). 86 22 may request that an electronically submitted attachment be treated as confidential by checking the appropriate box on the attachment form. To ensure that these attachments are kept confidential in ULS, we would put the following security measures in place: (1) any attachment designated as confidential will not be accessible from publicly available query utilities; and (2) a special
• http://transition.fcc.gov/eb/Orders/2001/da01165.doc http://transition.fcc.gov/eb/Orders/2001/da01165.html
  • station without a valid Commission authorization. We conclude that Verizon is apparently liable for a monetary forfeiture in the amount of five thousand dollars ($5,000). Background 2. Verizon's authorization for Paging Station KNKM760 expired on November 1, 1998. On February 7, 2000, Verizon filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. Verizon's waiver request states that it operated the subject paging system without an authorization between November 1, 1998 and February 7, 2000. On March 21, 2000, the Commission's Wireless Telecommunications Bureau granted Verizon's waiver request and reinstated its authority to operate Station KNKM760. III. Discussion 3. Section 301 of the Act sets forth the general mandate that
• http://transition.fcc.gov/eb/Orders/2001/da01257.doc http://transition.fcc.gov/eb/Orders/2001/da01257.html
  • captioned station without a valid Commission authorization. We conclude that Verizon is apparently liable for a monetary forfeiture in the amount of five thousand dollars ($5,000). Background 2. Verizon's authorization for Air-Ground KWU228 expired on September 1, 1999. On March 10, 2000, Verizon filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. Verizon's waiver request states that it operated the air-ground system without an authorization between September 1, 1999 and March 10, 2000. On April 20, 2000, the Commission's Wirless Telecommunications Bureau granted Verizon's waiver request and reinstated its authority to operate Station KWU228. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no
• http://transition.fcc.gov/eb/Orders/2001/da01329.doc http://transition.fcc.gov/eb/Orders/2001/da01329.html
  • requisite filing fee did not accompany the application. When Econopage's application was dismissed on April 19, 1999, its license expiration became effective as of April 1, 1999. On September 29, 1999, Econopage requested Special Temporary Authority (``STA'') to operate. On October 15, 1999, Econopage filed a renewal application for paging station KNKJ435 and a request for a waiver of Section 1.949 of the Rules, which requires, in pertinent part, that ``[a]pplications for renewal of authorizations in the Wireless Radio Services must be filed no later than the expiration date of the authorization for which renewal is sought ....''. The STA request was granted on October 6, 1999. On December 13, 1999, the Wireless Bureau granted the request for waiver of Section
• http://transition.fcc.gov/eb/Orders/2001/da01382.doc http://transition.fcc.gov/eb/Orders/2001/da01382.html
  • in the amount of five thousand dollars ($5,000) to Checkpoint for the noted violation. Checkpoint filed a response to the NAL on January 16, 2001. II. BACKGROUND Checkpoint's authorization for Paging Station WPCA811 expired on March 4, 1999. On December 16, 1999, Checkpoint filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. On April 3, 2000, the Commission granted Checkpoint's waiver request and reinstated its authority to operate Station WPCA811. On December 14, 2000, the Enforcement Bureau, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules, issued the referenced NAL in the amount of five thousand dollars ($5,000) to Checkpoint for operating
• http://transition.fcc.gov/eb/Orders/2001/da01403.doc http://transition.fcc.gov/eb/Orders/2001/da01403.html
  • Background 2. Commercial Radio's authorizations for the captioned SMR stations expired on the dates indicated: WPFV467 (10/18/99), WPFV649 (10/21/99), WPFV705 (10/21/99), WPFV707 (10/21/99), WPFV709 (10/21/99), WPFV852 (10/21/99), WPFV924 (10/19/99), WPFV929 (10/20/99), WPFV961 (10/21/99), WPFV962 (10/21/99) and WPFU496 (10/11/99). On March 24, 2000, Commercial Radio filed applications for renewal of the authorizations for those stations and requested the waiver of Section 1.949 of the Commissions Rules. Commercial Radio's waiver request indicates that it operated the captioned SMR stations without authorization between October, 1999 and March 24, 2000. 3. In its response to the NAL, Commercial Radio argues that it is entitled to cancellation or mitigation of the proposed forfeiture on the basis of its ``history of overall compliance'' and because the violations
• http://transition.fcc.gov/eb/Orders/2001/da01672.doc http://transition.fcc.gov/eb/Orders/2001/da01672.html
  • income. And (API) was one of the largest paging companies in the U.S., I have been told. Between the expiration of its license for station KNKK662 on April 1, 1999, and the grant of its renewal application, AA Beep had no authority to operate that station. AA Beep filed, with its renewal application, a request for a waiver of Section 1.949 of the Rules and for Special Temporary Authority to continue operating Station KNKK662 during the pendency of its renewal application. In that request, AA Beep asserted that: Disruption of service on this frequency would cause hardship to existing subscribers since this system has been operating many years, is presently being used and provides needed communications to businesses in an area
• http://transition.fcc.gov/eb/Orders/2001/da01714.doc http://transition.fcc.gov/eb/Orders/2001/da01714.html
  • (``NAL'') in the amount of five thousand dollars ($5,000) to Page-Comm for the noted violation. Page-Comm filed a response to the NAL on December 21, 2000. II. BACKGROUND Page-Comm's authorization for Station KPS323 expired on April 1, 1999. On January 5, 2000, Page-Comm filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949 of the Rules. Page-Comm's waiver request indicated that Page-Comm operated paging facilities without authorization between April 1, 1999 and January 5, 2000. On February 20, 2000, the Wireless Telecommunications Bureau granted Page-Comm's waiver request and reinstated its authority to operate Station KPS323. On November 29, 2000, the Enforcement Bureau issued an NAL for a forfeiture in the amount of $5,000
• http://transition.fcc.gov/eb/Orders/2001/da01899.doc http://transition.fcc.gov/eb/Orders/2001/da01899.html
  • Star filed its response on January 17, 2001. II. BACKGROUND 3. Between the expiration of Star's authorization for Stations KNKC938, KNKJ977, KNKC272 and KNKC934, on April 1, 1999, and the grant of its renewal application, Star had no authority to operate those stations. On December 27, 1999, Star filed, with its renewal application, a request for a waiver of Section 1.949 of the Rules. Star's waiver request indicates that Star operated Stations KNKC938, KNKJ977, KNKC272 and KNKC934 without authorization between April 1, 1999 and December 27, 1999. On March 20, 2000, the Commission staff granted Star's waiver request and reinstated its authority to operate Stations KNKC938, KNKJ977, KNKC272 and KNKC934. 4. In its response to the NAL, Star contends that imposition
• http://transition.fcc.gov/eb/Orders/2001/da01966.doc http://transition.fcc.gov/eb/Orders/2001/da01966.html
  • pagers had been transferred to another paging system and that it did not operate Station KNKK662 during the relevant period (April 1 - October 8, 1999). In our MO&O released on March 16, 2001, in which we first reconsidered the Forfeiture Order, we pointed out that AA Beep made the opposite claim in its request for a waiver of Section 1.949 of the Rules: Disruption of service on this frequency would cause hardship to existing subscribers since this system has been operating many years, is presently being used and provides needed communications to businesses in an area that is not located in a major metropolitan area (emphasis added). In its letter dated March 25, 2001, AA Beep says that the above
• http://transition.fcc.gov/eb/Orders/2001/fcc01222.doc http://transition.fcc.gov/eb/Orders/2001/fcc01222.html
  • of Stations WRV927 and WXR916, of the Forfeiture Order issued by the Enforcement Bureau in this proceeding. Pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), and Section 1.80 of the Commission's Rules (``the Rules'') the Enforcement Bureau found Page-A-Phone liable for a monetary forfeiture in the amount of $1,500 for willful violation of Section 1.949 of the Rules by failing to file license renewal applications for paging Stations WRV927 and WXR916 prior to the expiration of the authorizations for the stations. 2. The Forfeiture Order issued in this proceeding was released on November 3, 2000. Pursuant to Section 1.115(d) of the Rules, Page-A-Phone had 30 days, ending on December 4, 2000, to file its application
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2337A1.html
  • apparently liable for a forfeiture in the amount of five thousand two hundred dollars ($5,200) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Hare Planting acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. Hare Planting was granted a PLMRS station license under call sign WNQC202 on May 28, 1999, with an expiration date of August 14, 2004. On November 29, 2005, Hare Planting filed a request for Special Temporary Authority ("STA") to continue operating its PLMRS station. The Wireless Telecommunications Bureau granted Hare Planting STA
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1285A1.html
  • Texas, apparently liable for a forfeiture in the amount of five thousand two hundred dollars ($5,200) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Imperial acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. Imperial was granted a PLMRS station license under call sign WPPD863 on November 4, 1999, with an expiration date of November 4, 2004. Imperial failed to file for renewal of the station's license and the license expired on its own terms on November 4, 2004. On June 28, 2006, Imperial filed a
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1433A1.html
  • apparently liable for a forfeiture in the amount of seven thousand five hundred dollars ($7,500) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Mitchell Electric acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. On June 26, 2006, Mitchell Electric filed a request for Special Temporary Authority ("STA") to continue operating its PLMRS station WNWZ353 because the station license had expired on August 6, 2001. The Wireless Telecommunications Bureau granted Mitchell Electric STA to continue operating the station under call sign WQFH332 on July 14, 2006.
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1548A1.html
  • ($9,200) for operating a PLMRS station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Enforcement Bureau ("Bureau") to provide certain information and documents. GGP acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. GGP was granted a PLMRS station license under call sign WPPT427 on April 3, 2000, with an expiration date of April 3, 2005. GGP's license to operate station WPPT427 expired on April 3, 2005, because it failed to file a renewal application. On April 17, 2006 - over a year after its
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1602A1.html
  • Harbors, Minnesota, apparently liable for a forfeiture in the amount of twenty thousand, eight hundred dollars ($20,800) for operating its PLMRS stations without Commission authority and for failing to file timely renewal applications for the stations. CLP acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. CLP's licenses for its PLMRS stations, WYU920, WYU921, WFK224 and KA40187, expired on July 17, 2004. On June 26, 2006, CLP filed a request for Special Temporary Authority ("STA") to continue operating. The Wireless Telecommunications Bureau granted CLP STA to continue operating under call sign WQFG667 on July 11, 2006. 3. Because
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1672A1.html
  • ($9,200) for operating a PLMRS station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Enforcement Bureau ("Bureau") to provide certain information and documents. RSDC acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. RSDC was granted a PLMRS station license under call sign WPMV711 on January 29, 1999, with an expiration date of January 29, 2004. RSDC's license to operate station WPMV711 expired on January 29, 2004, because it failed to file a renewal application. On June 19, 2006- more than two years after its
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1686A1.html
  • Kentucky apparently liable for a forfeiture in the amount of five thousand, two hundred dollars ($5,200) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. JSMC acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. JSMC's license for its PLMRS station, WPOY291, expired on August 31, 2004. On August 30, 2006, JSMC filed a request for Special Temporary Authority ("STA") to continue operating. The Wireless Telecommunications Bureau granted JSMC STA to continue operating under call sign WQFP653 on September 1, 2006. 3. Because it appeared that JSMC
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1812A1.html
  • 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of five thousand two hundred dollars ($5,200) against Hare Planting Co., Inc. ("Hare Planting") for willful and repeated violations of Section 301 of the Communications Act of 1934 ("Act"), as amended, and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve operating a Private Land Mobile Radio Service ("PLMRS") station without Commission authority and failing to file a timely renewal application for the station. II. BACKGROUND 2. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of any apparatus for the transmission of energy or
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2056A1.html
  • for Forfeiture, we find Doss Aviation Inc. ("Doss"), former licensee of Private Land Mobile Radio Service ("PLMRS") station WPPZ915, in Corpus Christi, Texas, apparently liable for a forfeiture in the amount of five thousand, two hundred dollars ($5,200) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). The noted apparent violations involve Doss' operation of a PLMRS station without Commission authority and its failure to file a timely renewal application for the station. II. background 2. Doss was granted a PLMRS station license under call sign WPPZ915 on April 11, 2000, with an expiration date of April 11, 2005. Doss failed to
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2083A1.html
  • station WPKW900, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Kimberly Clark acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. On November 13, 2001, an application was filed with the Commission's Wireless Telecommunications Bureau ("Wireless Bureau") to assign the license for PLMRS station WPKW900 from HK Systems to Kimberly Clark. The license for WPKW900 had an expiration date of August 22, 2002. On July 19, 2006, Kimberly Clark filed with the Wireless
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2235A1.html
  • California, apparently liable for a forfeiture in the amount of five thousand, two hundred dollars ($5,200) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Sakaida acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 1. On June 19, 2006, Sakaida filed a request for Special Temporary Authority ("STA") to continue operating its PLMRS station WIM375 because the station license had expired on June 26, 2005. The Wireless Telecommunications Bureau ("WTB") granted Sakaida STA to continue operating the station under call sign WQFD608 on June 21, 2006. On
• http://transition.fcc.gov/eb/Orders/2007/DA-07-3011A1.html
  • dollars ($10,500) for operating a PLMRS station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Enforcement Bureau ("Bureau") to provide certain information. Yellow Cab acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. Yellow Cab was granted a PLMRS station license under call sign KNHW827 on August 27, 1998, with an expiration date of November 16, 2003. Yellow Cab did not file a renewal application and thus its license to operate station KNHW827 expired on November 16, 2003. 3. In October 2006, the Enforcement Bureau
• http://transition.fcc.gov/eb/Orders/2007/DA-07-3697A1.html
  • August 24, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: I. introduction 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eight thousand, four hundred dollars ($8,400) against General Growth Properties ("GGP") for willful and repeated violations of Section 301 of the Communications Act of 1934 ("Act"), as amended, and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve operating a Private Land Mobile Radio Service ("PLMRS") station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Spectrum Enforcement Division ("Division"), Enforcement Bureau ("Bureau") to provide certain information and documents. II. background 2. Section 301 of the Act
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4037A1.html
  • 2007 Released: September 27, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of five thousand two hundred dollars ($5,200) against Imperial Sugar Company ("Imperial") for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve Imperial's operation of Private Land Mobile Radio Service ("PLMRS") station WPPD863 without Commission authority and for failure to file a timely renewal application for the station. 2. On March 15, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $5,200 to Imperial.
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4371A1.html
  • apparently liable for a forfeiture in the amount of six thousand, five hundred dollars ($6,500) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Five Star acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. On February 16, 2002, Five Star was granted a PLMRS station license under call sign WPNS752 with an expiration date of May 28, 2004. Five Star did not file a renewal application, and consequently its license to operate station WPNS752 expired on May 28, 2004. On April 3, 2007, Five Star filed
• http://transition.fcc.gov/eb/Orders/2007/DA-07-43A1.html
  • the Enforcement Bureau ("Bureau") of the Federal Communications Commission (the "FCC" or "Commission") and Alltel Corporation ("Alltel"). The Consent Decree terminates the Bureau's investigation into whether one of Alltel's indirect wholly-owned licensee subsidiaries failed to timely file an application to renew its A-Block cellular license, call sign KNKA369, for the Oklahoma City, Oklahoma cellular market area in violation of Section 1.949 of the Commission's rules, and whether the subsidiary operated the station without Commission authorization in violation of Section 301 of the Communications Act of 1934, as amended (the "Act"), and Section 1.903(a) of the Commission's rules. 2. The Enforcement Bureau and Alltel have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4627A1.html
  • Released: November 19, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of nine thousand, two hundred dollars ($9,200) against RSDC of Michigan, LLC ("RSDC") for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve RSDC's operation of a Private Land Mobile Radio Service station without Commissions authority, failure to file a timely renewal application for the station and failure to respond to directives of the Enforcement Bureau ("Bureau") to provide certain information and documents. 2. On April 12, 2007, the Spectrum Enforcement Division issued a
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4630A1.html
  • November 19, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of ten thousand, five hundred dollars ($10,500) against Yellow Cab Leasing, Inc. ("Yellow Cab") for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve Yellow Cab's operation of a Private Land Mobile Radio Service station without Commission authority, failure to file a timely renewal application for the station and failure to respond to directives of the Enforcement Bureau ("Bureau") to provide certain information. 2. On July 10, 2007, the Spectrum Enforcement Division issued a Notice
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4687A1.html
  • Released: November 28, 2007 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Doss Aviation Inc. ("Doss"). The Consent Decree terminates the Bureau's enforcement proceeding relating to Doss's compliance with the Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). 2. The Enforcement Bureau and Doss have negotiated the terms of a Consent Decree that would resolve these matters and terminate the enforcement proceeding. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, we conclude that no substantial or material questions of fact exist
• http://transition.fcc.gov/eb/Orders/2007/DA-07-5090A1.html
  • monetary forfeiture in the amount of five thousand, two hundred dollars ($5,200) against Ted Sakaida & Sons, Inc. d/b/a Ted Sakaida & Sons Trucking ("Sakaida"), former licensee of Private Land Mobile Radio Service ("PLMRS") station WIM375, Van Nuys, California, for willful and repeated violations of Section 301 of the Communications Act of 1934 ("Act") as amended, and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve Sakaida's operation of PLMRS station WIM375 without Commission authority and failure to file a timely renewal application for that station. II. background 2. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of any apparatus for the transmission of energy or communications or signals
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1914A1.html
  • to any issues raised by Utopian Wireless Corporation in FCC File No. 0003130320 as to the proposed assignment of the incumbent BRS licenses from Wireless Telecommunications, Inc., Debtor-in-Possession to VTel Wireless, Inc., a subsidiary of Vermont Telephone Co., Inc. * Applications for renewal filed on April 18, 2006, within thirty days of expiration, accompanied by Request for Waiver of Section 1.949(a) of the Commission's Rules. FCC File Nos. 0002576443 (B227), 0002576439 (B249), 0002576440 (B266), 0002576444 (B342), 0002576441 (B398), and 0002576442 (B406). Federal Communications Commission DA 08-1914 2 Federal Communications Commission DA 08-1914 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1914A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1914A1.doc
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1967A1.html
  • By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and NOVA Chemicals, Inc. ("NOVA"). The Consent Decree terminates an investigation by the Bureau against NOVA for possible violations of section 301 of the Communications Act of 1934, as amended, ("Act") and sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules") regarding the operation of its Private Land Mobile Radio Service ("PLMRS") station WPLH775 without Commission authority and its failure to file a timely renewal application for the station. 2. The Bureau and NOVA have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1969A1.html
  • apparently liable for a forfeiture in the amount of six thousand two hundred dollars ($6,200) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Mathews Readymix acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's rules ("rules"). II. background 2. On October 25, 1996, Mathews Readymix's application to renew its license for station KNAS290 was granted with an expiration date of January 21, 2002. On February 28, 2008, Mathews Readymix filed with the Wireless Telecommunications Bureau ("WTB") a request for Special Temporary Authority ("STA") to operate KNAS290. On March 12, 2008, WTB
• http://transition.fcc.gov/eb/Orders/2008/DA-08-21A1.html
  • Station WPOG498, apparently liable for a forfeiture in the amount of six thousand, five hundred dollars ($6,500) for operating the station without Commission authority and for failing to file a timely renewal application for the station. Richmond acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903(a) and 1.949(a) of the Commission's rules. II. background 2. On October 25, 1999, the Wireless Telecommunications Bureau ("WTB") granted Richmond a license in the Industrial/Business Pool Radio Service under the call sign WPOG498, with an expiration date of October 25, 2004. Richmond did not file a renewal application, and the WTB cancelled the license for WPOG498 on December 25, 2004. On May
• http://transition.fcc.gov/eb/Orders/2008/DA-08-24A1.html
  • 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission ("FCC" or "Commission") and Cooperative Light & Power Association ("CLP"). The Consent Decree terminates the Bureau's enforcement proceeding relating to CLP's compliance with Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). 2. The Bureau and CLP have negotiated the terms of a Consent Decree that would resolve these matters and terminate the enforcement proceeding. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, we conclude that no substantial or material questions of fact exist with
• http://transition.fcc.gov/eb/Orders/2008/DA-08-410A1.html
  • Spectrum Enforcement Division, Enforcement Bureau: I. introduction 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of six thousand five hundred dollars ($6,500) against Five Star Parking d/b/a Five Star Taxi Dispatch ("Five Star") for willful and repeated violations of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve Five Star's operation of Private Land Mobile Radio Service ("PLMRS") station WPNS752 without Commission authority and failure to file a timely renewal application for the station. II. background 2. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of any apparatus for the transmission
• http://transition.fcc.gov/eb/Orders/2008/DA-08-46A1.html
  • station WPIM837 apparently liable for a forfeiture in the amount of six thousand five hundred ($6,500) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Miller acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's rules ("rules"). II. background 2. On July 26, 2000, Miller was granted a renewal of its PLMRS station license under call sign WPIM837, with an expiration date of October 12, 2005. Miller did not file a renewal application, and consequently its license to operate station WPIM837 expired on October 12, 2005. On August 16, 2007, Miller filed
• http://transition.fcc.gov/eb/Orders/2008/DA-08-552A1.html
  • Hospital, Inc. ("Presbyterian Hospital"), former licensee of Private Land Mobile Radio Service ("PLMRS") station KNS481, for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Presbyterian Hospital acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules") by failing to file a timely renewal application for station KNS481 and for continued operation of that station from May 22, 2002 to August 5, 2003. II. background 2. On April 18, 1997, Presbyterian Hospital was granted a license renewal for PLMRS station KNS481 with an expiration date of May 21, 2002. Presbyterian Hospital did
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1258A1.html
  • Association, Inc. ("TSA"), former licensee of aviation support station ("station") KSC8, in Midlothian, Texas, apparently liable for a forfeiture in the amount of nine thousand dollars ($9,000) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act") and Section 1.903(a) of the Commission's Rules ("Rules") and for apparent willful violation of Section 1.949(a) of the Rules. The noted apparent violations involve TSA's operation of an aviation support station without Commission authority and its failure to file a timely renewal application for the station. II. Background 2. On August 25, 2008, TSA filed a complaint with the Enforcement Bureau's Spectrum Enforcement Division ("Division") alleging interference with its use of frequency 123.30 MHz from commercial
• http://transition.fcc.gov/eb/Orders/2010/DA-09-2385A1.html
  • By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Marathon Petroleum Company, LLC ("Marathon"). The Consent Decree terminates an investigation by the Bureau into Marathon's possible violations of Section 301 of the Communications Act of 1934, as amended, ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). 2. The Bureau and Marathon have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by
• http://transition.fcc.gov/eb/Orders/2010/DA-09-2644A1.html
  • of Private Land Mobile Radio ("PLMRS") station WPQE205, in Las Vegas, Nevada, apparently liable for a forfeiture in the amount of six thousand four hundred dollars ($6,400) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act") and Section 1.903(a) of the Commission's Rules ("Rules") and for apparent willful violation of Section 1.949(a) of the Rules. The noted apparent violations involve Nevada Sun Peak's operation of its PLMRS station without Commission authority and its failure to timely file a renewal application for the station. II. Background 2. On June 7, 2000, Nevada Sun Peak was granted a license to operate station WPQE205 until the license expiration date of June 7, 2005. On August
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1706A1.html
  • we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Nex-Tech, Inc. ("Nex-Tech"). The Consent Decree terminates the Bureau's investigation into whether Nex-Tech failed to file timely applications to renew its broadband Personal Communications Services C-Block licenses, call signs WPOJ817 and WPOJ818, in the Great Bend and Hays, Kansas basic trading areas, in violation of section 1.949(a) of the Commission's rules ("Rules"), and operated the stations without Commission authorization in violation of section 301 of the Communications Act of 1934, as amended (the "Act"), and section 1.903(a) of the Rules. 2. The Bureau and Nex-Tech have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and
• http://transition.fcc.gov/eb/Orders/2010/DA-10-2347A1.html
  • ("BASF"), former licensee of Private Land Mobile Radio Service ("PLMRS") station WPNZ510, Pasedena, Texas, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended ("Act") and section 1.903(a) of the Commission's rules ("Rules") and for apparent willful violation of section 1.949(a) of the Rules. The noted apparent violations involve BASF's failure to timely file a renewal application for its PLMRS station and its operation of the station for five years without Commission authority. II. background 2. On August 12, 1999, BASF was granted a five-year license to operate station WPNZ510 through August 12, 2004. On May 17, 2004, the Commission sent
• http://transition.fcc.gov/eb/Orders/2010/DA-10-287A1.html
  • of Private Land Mobile Radio ("PLMRS") station WPQD526, in San Diego, California, apparently liable for a forfeiture in the amount of six thousand four hundred dollars ($6,400) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act") and Section 1.903(a) of the Commission's Rules ("Rules") and for apparent willful violation of Section 1.949(a) of the Rules. The noted apparent violations involve the University's operation of its PLMRS station without Commission authority and its failure to timely file a renewal application for the station. II. Background 2. On June 1, 2000, the University was granted a license to operate station WPQD526 until the license expiration date of June 1, 2005. On August 6, 2005,
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1969A1.html
  • December 6, 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Carrier Coach Inc. ("Carrier Coach"). The Consent Decree terminates an investigation initiated by the Bureau regarding Carrier Coach's compliance with section 301 of the Communications Act of 1934, as amended, and sections 1.903(a) and 1.949(a) of the Commission's rules, pertaining to the operation of a wireless radio station without Commission authority and the failure to file a timely renewal application for a wireless radio station. 2. The Bureau and Carrier Coach have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by
• http://transition.fcc.gov/eb/Orders/2011/DA-11-2004A1.html
  • into possible violations by Rio Tinto and Alcan of Section 310(d) of the Communications Act of 1934, as amended (the "Act"), and Section 1.948 of the Commission's rules ("Rules"), relating to the requirement that Commission approval be obtained prior to assignment or transfer of control of wireless radio station licenses; and Section 301 of the Act, and Sections 1.903 and 1.949(a) of the Rules, relating to the authorized operation of stations and equipment in the wireless radio services, and the timely filing of renewal applications. 2. The Bureau, Rio Tinto, and Alcan have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the
• http://transition.fcc.gov/eb/Orders/2011/DA-11-2004A2.html
  • Bureau's Investigation into whether Rio Tinto and Alcan violated Section 310(d) of the Communications Act of 1934, as amended (the "Act"), and Section 1.948 of the Commission's Rules ("Rules"), relating to the requirement that Commission approval be obtained prior to assignment or transfer of control of wireless radio station licenses; and Section 301 of the Act, and Sections 1.903 and 1.949(a) of the Rules, relating to the authorized operation of stations and equipment in the wireless radio services, and the timely filing of renewal applications. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" or "Order"
• http://transition.fcc.gov/eb/Orders/2011/DA-11-479A1.html
  • ("Shubat"), former licensee of Private Land Mobile Radio Service ("PLMRS") station WPMH780, Hibbing, Minnesota, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended ("Act") and section 1.903(a) of the Commission's rules ("Rules") and for apparent willful violation of section 1.949(a) of the Rules. The noted apparent violations involve Shubat's operation of the station for more than six years without Commission authority and its failure to timely file a renewal application for its PLMRS station. II. background 2. On July 30, 1998, Shubat was granted a five-year license to operate station WPMH780 through July 30, 2003. On May 5, 2003, the
• http://transition.fcc.gov/eb/Orders/2011/DA-11-633A1.html
  • for Forfeiture ("NAL"), we find Harrah's Atlantic City Operating Company LLC ("Harrah's"), former licensee of Industrial/Business Pool Radio Station WSZ911 in Atlantic City, New Jersey, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended ("Act") and sections 1.903(a) and 1.949(a) of the Commission's rules ("Rules"). The noted apparent violations involve Harrah's operation of Station WSZ911 without Commission authority, and its failure to timely file a renewal application for the station for almost ten years. II. BACKGROUND 2. On April 8, 2010, agents in the Enforcement Bureau's Philadelphia Office ("Philadelphia Office") conducted routine monitoring of several paging frequencies in the Atlantic
• http://transition.fcc.gov/eb/Orders/2011/DA-11-8A1.html
  • Inc. ("Call Mobile"), former licensee of Industrial/Business Pool Radio station WPKM300, in Lexington, Kentucky, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended ("Act") and section 1.903(a) of the Commission's rules ("Rules"), and for apparent willful violation of section 1.949(a) of the Rules. The noted apparent violations involve Call Mobile's operation of station WPKM300 without Commission authority and its failure to timely file a renewal application for the station for more than two and a half years. II. Background 2. On April 16, 1997, Call Mobile was granted a license to operate station WPKM300 until the license expiration date of
• http://transition.fcc.gov/eb/Orders/2012/DA-12-357A1.html
  • the Licensing and Permitting Rules. h. "Effective Date" means the date on which the Bureau releases the Adopting Order. i. "Investigation" means the investigation commenced by the Bureau's July 25, 2011 letter of inquiry regarding Uniradio's delivery of cross-border programming to Mexican broadcast station XERCN, Tijuana, Mexico. j. "Licensing and Permitting Rules" means Section 325(c), Section 301of the Act, Section 1.949(a) of the Rules, and other Communications Laws that prohibit the use or operation of a wireless radio station or the delivery of programming to a foreign broadcast station without a valid authorization. k. "Operating Procedures" means the standard, internal operating procedures and compliance policies established by Uniradio to implement the Compliance Plan. l. "Parties" means Uniradio and the Bureau, each
• http://transition.fcc.gov/eb/Orders/da001667.doc http://transition.fcc.gov/eb/Orders/da001667.txt
  • Paging Stations KNKG512 and KWB377 ) NAL/Acct. No. X20EF0016 Warner Robins, Georgia ) ) FORFEITURE ORDER Adopted: July 26, 2000 Released: July 27, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Advanced TelCom, Inc. (``Advanced TelCom'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involves Advanced TelCom's failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for the stations. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
• http://transition.fcc.gov/eb/Orders/da001810.doc http://transition.fcc.gov/eb/Orders/da001810.txt
  • Licensee of Station KNKD302 ) Big Coppitt Key, Florida ) MEMORANDUM OPINION AND ORDER Adopted: August 8, 2000 Released: August 10, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of six thousand dollars ($6,000) issued against D.A. Sanders for apparent willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Mr. Sanders' failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for the stations. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
• http://transition.fcc.gov/eb/Orders/da002004.doc http://transition.fcc.gov/eb/Orders/da002004.txt
  • ) Licensee of Station WSI674 ) NAL/Acct. No. X20EF0006 Dickinson, North Dakota ) FORFEITURE ORDER Adopted: August 30, 2000 Released: September 1, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) against Telnet of Dickinson, Inc. ("Telnet"), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Telnet's failure to file a license renewal application for Station WSI674 prior to the expiration of the authorization for the station. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
• http://transition.fcc.gov/eb/Orders/da002130.doc http://transition.fcc.gov/eb/Orders/da002130.txt
  • KNKC731 and ) NAL/Acct. No. X20EF0002 KNKC816 ) ) Pittsfield, Massachusetts ) FORFEITURE ORDER Adopted: September 15, 2000 Released: September 19, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand five hundred dollars ($4,500) against Berkshire Communicators, Inc. ("Berkshire"), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Berkshire's failure to file license renewal applications for Stations KCA237, KNKC731, and KNKC816 prior to the expiration of the authorizations for the stations. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability
• http://transition.fcc.gov/eb/Orders/da002145.doc http://transition.fcc.gov/eb/Orders/da002145.txt
  • the Matter of ) ) Vincent Communications, Inc. ) File No. EB-00-TS-018 KNKK227, KNKK231, and KNKK233 ) Fresno, California ) NAL/Acct. No. X20EF0001 FORFEITURE ORDER Adopted: September 20, 2000 Released: September 22, 2000 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a $4,500 monetary forfeiture to Vincent Communications, Inc. (``Vincent Communications'') for willfully violating Section 1.949 of the Commission's Rules (``Rules''). Vincent Communications failed to file timely its license renewal applications for paging stations KNKK227, KNKK231, and KNKK233. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division, Wireless Telecommunications Bureau, issued a $4,500 Notice of Apparent Liability for Forfeiture (``NAL'') to Vincent Communications. Vincent Communications filed its response to the
• http://transition.fcc.gov/eb/Orders/da002201.doc http://transition.fcc.gov/eb/Orders/da002201.txt
  • KNKM520, KNKP704, KNKO557, KNKM635 ) and KNKM501 ) ) Various Locations in Arkansas ) FORFEITURE ORDER Adopted: September 26, 2000 Released: September 28, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) against Snider Communications Corp. (``Snider'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involves Snider's failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for those stations II. BACKGROUND 2. Snider's authorizations for the captioned stations expired on April 1, 1999. Snider, however, , did not file applications for renewal of the authorization of the above listed
• http://transition.fcc.gov/eb/Orders/da002294.doc http://transition.fcc.gov/eb/Orders/da002294.html http://transition.fcc.gov/eb/Orders/da002294.txt
  • Rules (``Rules''). We conclude that AA Beep is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. AA Beep's authorization for Public Mobile Radio Station KNKK662, expired on April 1, 1999. On October 8, 1999, AA Beep filed an application for renewal of the authorization for that station and requested the waiver of Section 1.949 of the Commissions Rules. AA Beep's waiver request indicates that AA Beep apparently operated paging facilities without authorization between April 1, 1999, and October 8, 1999. On November 30, 1999, the Commission granted AA Beep's waiver request and reinstated its authority to operate Station KNKK662. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no
• http://transition.fcc.gov/eb/Orders/da002334.doc http://transition.fcc.gov/eb/Orders/da002334.txt
  • Licensee of Paging Station KNKO605, ) NAL/Acct. No.: X20EF0004 Telluride, Colorado ) FORFEITURE ORDER Adopted: October 12, 2000 Released: October 16, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) against William S. Mills (``Mills''), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Mills' failure to file a license renewal application for Station KNKO605 prior to the expiration of the authorization for the station. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
• http://transition.fcc.gov/eb/Orders/da002335.doc http://transition.fcc.gov/eb/Orders/da002335.html http://transition.fcc.gov/eb/Orders/da002335.txt
  • of the Commission's Rules (``Rules''). We conclude that Econopage is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Econopage's authorization for Public Mobile Radio Station KNKJ435, expired on April 1, 1999. On October 18, 1999, Econopage filed an application for renewal of the authorization for that station and requested the waiver of Section 1.949 of the Commissions Rules. Econopage's waiver request indicates that Econopage apparently operated paging facilities without authorization between April 1, 1999, and October 18, 1999. On December 13, 1999, the Commission granted Econopage's waiver request and reinstated its authority to operate Station KNKJ435. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no person shall use
• http://transition.fcc.gov/eb/Orders/da002376.doc http://transition.fcc.gov/eb/Orders/da002376.html http://transition.fcc.gov/eb/Orders/da002376.txt
  • (``Rules''). We conclude that US Unwired is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. US Unwired's authorization for Public Mobile Radio Stations KNLM672 and KNKP448, expired on April 1, 1999. On October 25, 1999, US Unwired filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. US Unwired's waiver request indicates that US Unwired apparently operated paging facilities without authorization between April 1, 1999 and October 25, 1999. On December 9, 1999, the Commission granted US Unwired's waiver request and reinstated its authority to operate Stations KNLM672 and KNKP448. III. Discussion 3. Section 301 of the Act sets forth the general mandate
• http://transition.fcc.gov/eb/Orders/da002478.doc http://transition.fcc.gov/eb/Orders/da002478.txt
  • of Stations WRV927 & WXR916 ) NAL/Acct. No. X20EF0018 ) Cookeville, Tennessee ) FORFEITURE ORDER Adopted: November 1, 2000 Released: November 3, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) against Page-A-Phone, Inc. ("Page-A-Phone"), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Page-A-Phone's failure to file license renewal applications for Stations WRV927 and WXR916 prior to the expiration of the authorizations for the stations. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for
• http://transition.fcc.gov/eb/Orders/da002665.doc http://transition.fcc.gov/eb/Orders/da002665.html http://transition.fcc.gov/eb/Orders/da002665.txt
  • (``Rules''). We conclude that Ford is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Ford's authorization for Public Mobile Radio Stations KNKM966, KNKM224, KNKL902, KNKO751 and KNKO274, expired on April 1, 1999. On March 7, 2000, Ford filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. Ford's waiver request indicates that Ford apparently operated paging facilities without authorization between April 1, 1999 and March 7, 2000. On April 20, 2000, the Commission granted Ford's waiver request and reinstated its authority to operate Stations KNKM966, KNKM224, KNKL902, KNKO751 and KNKO274. III. Discussion 3. Section 301 of the Act sets forth the general mandate
• http://transition.fcc.gov/eb/Orders/da002666.doc http://transition.fcc.gov/eb/Orders/da002666.html http://transition.fcc.gov/eb/Orders/da002666.txt
  • of the Commission's Rules (``Rules''). We conclude that Page-Comm is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Page-Comm's authorization for Public Mobile Radio Station KPS323, expired on April 1, 1999. On January 5, 2000, Page-Comm filed an application for renewal of the authorization for that station and requested the waiver of Section 1.949 of the Commissions Rules. Page-Comm's waiver request indicates that Page-Comm apparently operated paging facilities without authorization between April 1, 1999 and January 5, 2000. On February 20, 2000, the Commission granted Page-Comm's waiver request and reinstated its authority to operate Station KPS323. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no person shall use
• http://transition.fcc.gov/eb/Orders/da002667.doc http://transition.fcc.gov/eb/Orders/da002667.html http://transition.fcc.gov/eb/Orders/da002667.txt
  • Rules (``Rules''). We conclude that Ohio Bell is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Ohio Bell's authorization for Public Mobile Radio Station KQD612, expired on September 9, 1999. On December 14, 1999, Ohio Bell filed an application for renewal of the authorization for that station and requested the waiver of Section 1.949 of the Commissions Rules. Ohio Bell's waiver request indicates that Ohio Bell apparently operated paging facilities without authorization between September 9, 1999 and December 14, 1999. On February 20, 2000, the Commission granted Ohio Bell's waiver request and reinstated its authority to operate Station KQD612. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no
• http://transition.fcc.gov/eb/Orders/da002668.doc http://transition.fcc.gov/eb/Orders/da002668.html http://transition.fcc.gov/eb/Orders/da002668.txt
  • conclude that Star Communications is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Star Communications' authorization for Public Mobile Radio Stations KNKC938, KNKJ977, KNKC272 and KNKC934, expired on April 1, 1999. On December 27, 1999, Star Communications filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. Star Communications' waiver request indicates that Star Communications apparently operated paging facilities without authorization between April 1, 1999 and December 27, 1999. On March 20, 2000, the Commission granted Star Communications' waiver request and reinstated its authority to operate Stations KNKC938, KNKJ977, KNKC272 and KNKC934. II. Discussion 3. Section 301 of the Act sets forth the
• http://transition.fcc.gov/eb/Orders/da002755.doc http://transition.fcc.gov/eb/Orders/da002755.html http://transition.fcc.gov/eb/Orders/da002755.txt
  • ($6,000). Background 2. Commercial Radio's authorizations for the SMR stations expired on the dates indicated: WPFV467 (10/18/99), WPFV649 (10/21/99), WPFV705 (10/21/99), WPFV707 (10/21/99), WPFV709 (10/21/99), WPFV852 (10/21/99), WPFV924 (10/19/99), WPFV929 (10/20/99), WPFV961 (10/21/99), WPFV962 (10/21/99) and WPFU496 (10/11/99). On March 24, 2000, Commercial Radio filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. Commercial Radio's waiver request indicates that Commercial Radio apparently operated SMR stations without authorization between October, 1999 and March 24, 2000. On August 8, 2000, the Commission granted Commercial Radio's waiver request and reinstated its authority to operate the above mentioned SMR stations. II. Discussion 3. Section 301 of the Act sets forth the general mandate
• http://transition.fcc.gov/eb/Orders/da002811.doc http://transition.fcc.gov/eb/Orders/da002811.html http://transition.fcc.gov/eb/Orders/da002811.txt
  • WPCA811 without a valid Commission authorization. We conclude that Checkpoint is apparently liable for a monetary forfeiture in the amount of five thousand dollars ($5,000). Background 2. Checkpoint's authorization for Paging Station WPCA811 expired on March 4, 1999. On December 16, 1999, Checkpoint filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. Checkpoint's waiver request indicates that it apparently operated its paging system without an authorization between March 4, 1999 and December 16, 1999. On April 3, 2000, the Commission granted Checkpoint's waiver request and reinstated its authority to operate Station WPCA811. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no person shall
• http://transition.fcc.gov/eb/Orders/da00572.doc http://transition.fcc.gov/eb/Orders/da00572.txt
  • KKB659 ) Pampa, Texas ) NAL/Acct. No. X20EF0008 MEMORANDUM OPINION AND ORDER Adopted: March 14, 2000 Released: March 15, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of two thousand dollars ($2,000) against Pampa Communications Center, Inc. (``Pampa'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The alleged violations involve late-filed license renewal applications. On November 4, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``WTB'') issued the referenced Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of two thousand dollars ($2,000) to Pampa for the alleged violations. Pampa
• http://transition.fcc.gov/eb/Orders/da00960.doc http://transition.fcc.gov/eb/Orders/da00960.txt
  • St. Augustine and Jacksonville, Florida ) NAL/Acct. No. X20EF0009 MEMORANDUM OPINION AND ORDER Adopted: April 28, 2000 Released: May 1, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of three thousand dollars ($3,000) against Champion Services, Inc. (``Champion'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The alleged violations involve late-filed license renewal applications. On November 4, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``WTB'') issued the referenced Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of three thousand dollars ($3,000) to Champion for the alleged violations. Champion
• http://transition.fcc.gov/fcc-bin/audio/DA-07-43A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-43A1.pdf
  • the Enforcement Bureau (``Bureau'') of the Federal Communications Commission (the ``FCC'' or ``Commission'') and Alltel Corporation (``Alltel''). The Consent Decree terminates the Bureau's investigation into whether one of Alltel's indirect wholly-owned licensee subsidiaries failed to timely file an application to renew its A-Block cellular license, call sign KNKA369, for the Oklahoma City, Oklahoma cellular market area in violation of Section 1.949 of the Commission's rules, and whether the subsidiary operated the station without Commission authorization in violation of Section 301 of the Communications Act of 1934, as amended (the ``Act''), and Section 1.903(a) of the Commission's rules. The Enforcement Bureau and Alltel have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy
• http://wireless.fcc.gov/auctions/00a/releases/da010170.doc http://wireless.fcc.gov/auctions/00a/releases/da010170.pdf http://wireless.fcc.gov/auctions/00a/releases/da010170.txt
  • 43. See NextWave Order on Reconsideration, 15 Fed Rcd 17500. February 4, 2000 Letter at 5. 48 C.F.R. § 1.2110(e)(4)(ii)(1994); IVDS Grace Period PN, 10 FCC Rcd 10724; see also 1995 IVDS Omnibus Order, 11 FCC Rcd at 1285 ¶ 19. Self Communications, Inc., Reinstatement Application for 218-219 MHz Service License KIVD0006, Chicago, Illinois and Request for Waiver of Sections 1.949(a) and 1.955(a)(1) of the Commission's Rules, DA 00-1134, Order and Notice of Apparent Liability for Forfeiture (rel. May 23, 2000) (``Self Communications''). Letter from Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, to Thomas Gutierrez, Esq., Counsel for Lancaster Communications, Inc., DA 98-2052 (rel. Oct. 9, 1998) (``Lancaster Communications''). Letter from Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, to Lloyd W.
• http://wireless.fcc.gov/auctions/00a/releases/fc990239.pdf http://wireless.fcc.gov/auctions/00a/releases/fc990239.txt http://wireless.fcc.gov/auctions/00a/releases/fc990239.wp
  • were granted to lottery winners on March 28, 1994. 114 The licenses of all licensees who failed to file a timely renewal application automatically cancelled as of the 115 expiration date without further action by the Commission. Three-Year Lottery Benchmark Waiver Order, 12 FCC Rcd at 3184; Five-Year Benchmark Waiver Order, 14 116 FCC Rcd at 5194. 47 C.F.R. § 1.949 requires licensees to file applications for renewal no later than the expiration date of the 117 authorization for which renewal is sought and no sooner than ninety days prior to expiration. 218-219 MHz Flex Order, 13 FCC Rcd at 19069. See also "High Bidders for 594 Interactive Video and Data 118 Service (IVDS) Licenses," Public Notice, Mimeo No. 44160 (rel.
• http://wireless.fcc.gov/auctions/26/releases/fc990098.pdf http://wireless.fcc.gov/auctions/26/releases/fc990098.txt http://wireless.fcc.gov/auctions/26/releases/fc990098.wp
  • authorizations for stand-alone or remote transmitters. The earliest expiration date of the authorizations that make up the single system-wide authorization will determine the expiration date for the system-wide authorization. Licensees must file timely renewal applications for site-specific authorizations included in a single system-wide authorization request until the request is approved. Renewal of the system-wide authorization will be subject to § 1.949. 11. Paragraph (c) of Section 22.509 is removed. 12. New Section 22.513 is added to read as follows: § 22.513 Partitioning and disaggregation. MEA and EA licensees may apply to partition their authorized geographic service area or disaggregate their authorized spectrum at any time following grant of their geographic area authorizations. Nationwide geographic area licensees may apply to partition their
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • for stand-alone or remote transmitters. The earliest expiration date of the authorizations that make up the single system-wide authorization will determine the expiration date for the system-wide authorization. Licensees must file timely renewal applications for site- specific authorizations included in a single system-wide authorization request until the request is approved. Renewal of the system-wide authorization will be subject to § 1.949 of this chapter. (d) Replacement of site-by-site authorizations with single authorization. After a paging geographic area authorization for a channel has been issued, the FCC may, on its own motion, replace the authorization(s) of any other licensee (for facilities located within that paging geographic area on that channel) with a single replacement authorization. § 22.509 Procedures for mutually exclusive applications
• http://wireless.fcc.gov/auctions/30/releases/fc990179.pdf http://wireless.fcc.gov/auctions/30/releases/fc990179.txt http://wireless.fcc.gov/auctions/30/releases/fc990179.wp
  • 95-183, Notice of Proposed Rule Making and Order, 11 FCC Rcd 4930 (1995) (NPRM and Order). Id. at 4988-89. 9 Id. 10 See note 1, supra. 11 Jan. 17 MO&O, 12 FCC Rcd at 2918; see 47 C.F.R. § 101.29. 12 4 ! Consistent with the new Part 1 rules governing applications for license renewal provided in 47 C.F.R. § 1.949, 39 GHz licensees seeking renewal of station authorizations must file applications no later than the expiration date of the authorization for which renewal is sought, and no sooner than 90 days prior to the date of license expiration. ! Consistent with the Part 1 competitive bidding provision contained in 47 C.F.R. § 1.2111(e), unjust enrichment payments for 39 GHz licensees
• http://wireless.fcc.gov/auctions/42/releases/fc990415.doc http://wireless.fcc.gov/auctions/42/releases/fc990415.pdf http://wireless.fcc.gov/auctions/42/releases/fc990415.txt
  • and (ii) whether the licensee's operations service niche markets or focus on serving populations outside of areas served by other licensees. The ``substantial service'' requirement can, however, be met in other ways, and the Commission will review each licensee's showing on a case-by-case basis. A ``substantial service'' assessment will be made at renewal pursuant to the procedures contained in § 1.949 of this chapter. § 101.1329 EA Station license, location, modifications. EA licensees may construct master and remote stations anywhere inside the area authorized in their licenses, without prior approval, so long as the Commission's technical and other Rules are complied with, except that individual licenses are required for any master station that: Requires the submission of an Environmental Assessment under
• http://wireless.fcc.gov/auctions/56/releases/fc000272.doc http://wireless.fcc.gov/auctions/56/releases/fc000272.pdf http://wireless.fcc.gov/auctions/56/releases/fc000272.txt
  • grant or license renewal for incumbent licensees. 35. Section 101.527 is added to read as follows: § 101.527 Construction requirements for 24 GHz operations. (a) Each licensee must make a showing of ``substantial service'' within ten years of its license grant. A ``substantial service'' assessment will be made at renewal pursuant to the provisions and procedures set forth in § 1.949 of this chapter. (1) ``Substantial service'' is a service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal during its past license term. (b) Each licensee must, at a minimum file: (1) A report, maps and other supporting documents describing its current service in terms of geographic coverage and population served
• http://wireless.fcc.gov/index.htm?job=releases_page&t=Order&y=2002
  • [94]txt 07/12/2002 WTB Orders (DA 02-1648) Mr. Phillip Adler Assessed a final bid withdrawal payment of $17,550 on license BEA 013B and a final bid withdrawal pa... DA-02-1648A1: [95]pdf - [96]word - [97]txt DA-02-1648A2: [98]pdf - [99]word - [100]txt DA-02-1648A3: [101]pdf - [102]word - [103]txt 07/10/2002 WTB Orders (DA 02-1606) Gene A. Smith Denied Gene Smith's request to waive section 1.949(a) of the Commission's rules, dismisses a late-fi... DA-02-1606A1: [104]pdf - [105]word - [106]txt 07/10/2002 WTB Orders (DA 02-1607) Gene A. Smith Denied Gene Smith's request to waive section 1.949(a) of the Commission's rules, dismisses a late-fi... DA-02-1607A1: [107]pdf - [108]word - [109]txt 07/10/2002 WTB Orders (DA 02-1609) PETITIONS REGARDING ENVIRONMENTAL PROCESSING STANDARDS FOR COLLOCATED WIRELESS FACILITIES Dismissed without prejudice the
• http://wireless.fcc.gov/services/index.htm?job=licensing&id=industrial_business
  • Form 601 (Purpose Code: EX) before the expiration of the construction period. (See [51]47 CFR 1.946(e)). 6. Renewal of License You must file for renewal of your license no later than the expiration date of your license period, and no sooner than 90 days prior to expiration by filing FCC Form 601 (Purpose Code: RO) through [52]ULS. (See [53]47 CFR 1.949). Universal Licensing System [54]Databases [55]Daily Transaction Files [56]Online Filing [57]License Search Radio Service Codes Below 800 MHz IG - Industrial/Business Pool - Private, Conventional YG - Industrial/Business Pool - Private, Trunked Above 800 MHz Business GB - 806-821/851-866 MHz, Conventional GU - 896-901/935-940 MHz, Conventional YB - 806-821/851-866 MHz, Trunked YU - 896-901/935-940 MHz, Trunked Above 800 MHz Industrial/Land Transportation
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2000&m=1&t=Order
  • Commission's Rules for Specialized Mobile... DA-00-58A1: [121]pdf - [122]word - [123]txt 01/14/2000 WTB Orders (DA 00-59) IVAN BRISBIN (CALL SIGN WPCB813) Granted Mr. Ivan Brisbin's Request for Waiver of Section 90.149(a) of the Commission's Rules, and Re... DA-00-59A1: [124]pdf - [125]word - [126]txt 01/14/2000 WTB Orders (DA 00-60) ROBERT VENTRESCA (CALL SIGN WPDK454) Denied the Request for Waiver of Section 1.949(a) of the Commission's Rules filed by Robert Ventresc... DA-00-60A1: [127]pdf - [128]word - [129]txt 01/14/2000 WTB Orders (DA 00-61) ELLIOT ACOSTA (CALL SIGN WPCM508) Granted the Request for Waiver of Section 90.149(a) of the Commission's Rules filed by Elliot Acosta... DA-00-61A1: [130]pdf - [131]word - [132]txt 01/14/2000 WTB Orders (DA 00-78) BATTERY CITY CAR & LIMOUSINE SERVICE Granted the application
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2002&m=7&t=Order
  • [94]txt 07/12/2002 WTB Orders (DA 02-1648) Mr. Phillip Adler Assessed a final bid withdrawal payment of $17,550 on license BEA 013B and a final bid withdrawal pa... DA-02-1648A1: [95]pdf - [96]word - [97]txt DA-02-1648A2: [98]pdf - [99]word - [100]txt DA-02-1648A3: [101]pdf - [102]word - [103]txt 07/10/2002 WTB Orders (DA 02-1606) Gene A. Smith Denied Gene Smith's request to waive section 1.949(a) of the Commission's rules, dismisses a late-fi... DA-02-1606A1: [104]pdf - [105]word - [106]txt 07/10/2002 WTB Orders (DA 02-1607) Gene A. Smith Denied Gene Smith's request to waive section 1.949(a) of the Commission's rules, dismisses a late-fi... DA-02-1607A1: [107]pdf - [108]word - [109]txt 07/10/2002 WTB Orders (DA 02-1609) PETITIONS REGARDING ENVIRONMENTAL PROCESSING STANDARDS FOR COLLOCATED WIRELESS FACILITIES Dismissed without prejudice the
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2002&t=Order
  • [94]txt 07/12/2002 WTB Orders (DA 02-1648) Mr. Phillip Adler Assessed a final bid withdrawal payment of $17,550 on license BEA 013B and a final bid withdrawal pa... DA-02-1648A1: [95]pdf - [96]word - [97]txt DA-02-1648A2: [98]pdf - [99]word - [100]txt DA-02-1648A3: [101]pdf - [102]word - [103]txt 07/10/2002 WTB Orders (DA 02-1606) Gene A. Smith Denied Gene Smith's request to waive section 1.949(a) of the Commission's rules, dismisses a late-fi... DA-02-1606A1: [104]pdf - [105]word - [106]txt 07/10/2002 WTB Orders (DA 02-1607) Gene A. Smith Denied Gene Smith's request to waive section 1.949(a) of the Commission's rules, dismisses a late-fi... DA-02-1607A1: [107]pdf - [108]word - [109]txt 07/10/2002 WTB Orders (DA 02-1609) PETITIONS REGARDING ENVIRONMENTAL PROCESSING STANDARDS FOR COLLOCATED WIRELESS FACILITIES Dismissed without prejudice the
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2009&m=8&t=Order
  • | [44]July | August | [45]September | [46]October | [47]November | [48]December 08/31/2009 WTB Orders (DA 09-1971) Iowa Lakes Community College Denied Waiver Request. Admonished licensee for violations of Section 301 of the Communications Act ... DA-09-1971A1_Rcd: [49]pdf DA-09-1971A1: [50]pdf - [51]word - [52]txt 08/31/2009 WTB Orders (DA 09-1972) BRANTLEY COUNTY BOARD OF EDUCATION Granted requests for waiver of Sections 1.949(a) and 1.946(e) of the Commission's Rules DA-09-1972A1_Rcd: [53]pdf DA-09-1972A1: [54]pdf - [55]word - [56]txt 08/28/2009 WTB Orders (DA 09-1964) Puget Sound Energy Denied Puget Sound Energy's Waiver Request and Dismissed its Renewal Application DA-09-1964A1_Rcd: [57]pdf DA-09-1964A1: [58]pdf - [59]word - [60]txt 08/28/2009 WTB Orders (DA 09-1965) Duke Energy Carolinas, LLC Denied Duke's Waiver Request and Dismissed its Renewal Application DA-09-1965A1_Rcd:
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2010&m=3&t=Order
  • Orders (DA 10-403) CLARK COUNTY LOCAL EMERGENCY PLANNING COMMITTEE Granted the waiver request DA-10-403A1_Rcd: [104]pdf DA-10-403A1: [105]pdf - [106]word - [107]txt 03/10/2010 WTB Orders (DA 10-404) OFFICE OF EMERGENCY MANAGEMENT, SEATTLE POLICE DEPARTMENT Granted the waiver request DA-10-404A1_Rcd: [108]pdf DA-10-404A1: [109]pdf - [110]word - [111]txt 03/05/2010 WTB Orders (DA 10-383) Liberty County District School Board Granted request for waiver of 1.949(a) of the Commission's Rules DA-10-383A1_Rcd: [112]pdf DA-10-383A1: [113]pdf - [114]word - [115]txt 03/05/2010 WTB Orders (DA 10-384) Chippewa Valley Technical College Granted requests for waiver of former Section 74.15(e) and current Section 1.949(a) of the Commissio... DA-10-384A1_Rcd: [116]pdf DA-10-384A1: [117]pdf - [118]word - [119]txt 03/05/2010 WTB Orders (DA 10-385) Davenport Schools, Inc. D/B/A Great Lakes Jr. College Granted petitions for
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2012&m=3&t=Order
  • Orders (DA 12-434) Americas Survey Company Petition for Reconsideration of Pending Termination of License for Station WQMC201 Dismissed as untimely a petition for reconsideration of placement into termination pending status of... DA-12-434A1_Rcd: [94]pdf DA-12-434A1: [95]pdf - [96]word - [97]txt 03/21/2012 WTB Orders (DA 12-435) LMDS Ventures Request for Renewal and Extension Call Signs Denied the request for waiver of Section 1.949(a) of the Commission's Rules filed on April 12, 2010 ... DA-12-435A1_Rcd: [98]pdf DA-12-435A1: [99]pdf - [100]word - [101]txt 03/21/2012 WTB Orders (DA 12-436) Vista Broadband Networks, Inc Dismissed as untimely the petition for reconsideration of placement into termination pending status ... DA-12-436A1_Rcd: [102]pdf DA-12-436A1: [103]pdf - [104]word - [105]txt 03/15/2012 WTB Orders (DA 12-408) Todd Wilson Proposed to modify the
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000572.doc
  • KKB659 ) Pampa, Texas ) NAL/Acct. No. X20EF0008 MEMORANDUM OPINION AND ORDER Adopted: March 14, 2000 Released: March 15, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of two thousand dollars ($2,000) against Pampa Communications Center, Inc. (``Pampa'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The alleged violations involve late-filed license renewal applications. On November 4, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``WTB'') issued the referenced Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of two thousand dollars ($2,000) to Pampa for the alleged violations. Pampa
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000960.doc
  • St. Augustine and Jacksonville, Florida ) NAL/Acct. No. X20EF0009 MEMORANDUM OPINION AND ORDER Adopted: April 28, 2000 Released: May 1, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of three thousand dollars ($3,000) against Champion Services, Inc. (``Champion'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The alleged violations involve late-filed license renewal applications. On November 4, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``WTB'') issued the referenced Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of three thousand dollars ($3,000) to Champion for the alleged violations. Champion
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001667.doc
  • Paging Stations KNKG512 and KWB377 ) NAL/Acct. No. X20EF0016 Warner Robins, Georgia ) ) FORFEITURE ORDER Adopted: July 26, 2000 Released: July 27, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Advanced TelCom, Inc. (``Advanced TelCom'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involves Advanced TelCom's failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for the stations. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001810.doc
  • Licensee of Station KNKD302 ) Big Coppitt Key, Florida ) MEMORANDUM OPINION AND ORDER Adopted: August 8, 2000 Released: August 10, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of six thousand dollars ($6,000) issued against D.A. Sanders for apparent willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Mr. Sanders' failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for the stations. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002004.doc
  • ) Licensee of Station WSI674 ) NAL/Acct. No. X20EF0006 Dickinson, North Dakota ) FORFEITURE ORDER Adopted: August 30, 2000 Released: September 1, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) against Telnet of Dickinson, Inc. ("Telnet"), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Telnet's failure to file a license renewal application for Station WSI674 prior to the expiration of the authorization for the station. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002130.doc
  • KNKC731 and ) NAL/Acct. No. X20EF0002 KNKC816 ) ) Pittsfield, Massachusetts ) FORFEITURE ORDER Adopted: September 15, 2000 Released: September 19, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand five hundred dollars ($4,500) against Berkshire Communicators, Inc. ("Berkshire"), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Berkshire's failure to file license renewal applications for Stations KCA237, KNKC731, and KNKC816 prior to the expiration of the authorizations for the stations. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002145.doc
  • the Matter of ) ) Vincent Communications, Inc. ) File No. EB-00-TS-018 KNKK227, KNKK231, and KNKK233 ) Fresno, California ) NAL/Acct. No. X20EF0001 FORFEITURE ORDER Adopted: September 20, 2000 Released: September 22, 2000 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a $4,500 monetary forfeiture to Vincent Communications, Inc. (``Vincent Communications'') for willfully violating Section 1.949 of the Commission's Rules (``Rules''). Vincent Communications failed to file timely its license renewal applications for paging stations KNKK227, KNKK231, and KNKK233. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division, Wireless Telecommunications Bureau, issued a $4,500 Notice of Apparent Liability for Forfeiture (``NAL'') to Vincent Communications. Vincent Communications filed its response to the
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002201.doc
  • KNKM520, KNKP704, KNKO557, KNKM635 ) and KNKM501 ) ) Various Locations in Arkansas ) FORFEITURE ORDER Adopted: September 26, 2000 Released: September 28, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) against Snider Communications Corp. (``Snider'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involves Snider's failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for those stations II. BACKGROUND 2. Snider's authorizations for the captioned stations expired on April 1, 1999. Snider, however, , did not file applications for renewal of the authorization of the above listed
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002334.doc
  • Licensee of Paging Station KNKO605, ) NAL/Acct. No.: X20EF0004 Telluride, Colorado ) FORFEITURE ORDER Adopted: October 12, 2000 Released: October 16, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) against William S. Mills (``Mills''), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Mills' failure to file a license renewal application for Station KNKO605 prior to the expiration of the authorization for the station. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002335.doc
  • of the Commission's Rules (``Rules''). We conclude that Econopage is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Econopage's authorization for Public Mobile Radio Station KNKJ435, expired on April 1, 1999. On October 18, 1999, Econopage filed an application for renewal of the authorization for that station and requested the waiver of Section 1.949 of the Commissions Rules. Econopage's waiver request indicates that Econopage apparently operated paging facilities without authorization between April 1, 1999, and October 18, 1999. On December 13, 1999, the Commission granted Econopage's waiver request and reinstated its authority to operate Station KNKJ435. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no person shall use
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002376.doc
  • (``Rules''). We conclude that US Unwired is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. US Unwired's authorization for Public Mobile Radio Stations KNLM672 and KNKP448, expired on April 1, 1999. On October 25, 1999, US Unwired filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. US Unwired's waiver request indicates that US Unwired apparently operated paging facilities without authorization between April 1, 1999 and October 25, 1999. On December 9, 1999, the Commission granted US Unwired's waiver request and reinstated its authority to operate Stations KNLM672 and KNKP448. III. Discussion 3. Section 301 of the Act sets forth the general mandate
• 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
  • 22.145. 83 This proposal does not affect the five year grace period within which holders of Commercial Radio Operator 84 licenses may renew expired licenses without retaking the required examination. See 47 C.F.R. § 13.13(b). Notification would be sent to the point of contact listed in the ULS database for each call sign. 85 See proposed rule 47 C.F.R. § 1.949(a). 86 22 may request that an electronically submitted attachment be treated as confidential by checking the appropriate box on the attachment form. To ensure that these attachments are kept confidential in ULS, we would put the following security measures in place: (1) any attachment designated as confidential will not be accessible from publicly available query utilities; and (2) a special
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992424.doc
  • D.C. 20554 In the Matter of ) ) Notice of Apparent Liability for Forfeiture of ) ) ) , ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: . the Commission granted the late-filed renewal application. months after the authorization for the station had expired, in apparent violation of Section 1.949 of the Commission's Rules. for its apparent willful violation of Section 1.949 of the Commission's Rules. 6. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, Brandon Communications, Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992425.doc
  • of ) ) Notice of Apparent Liability for Forfeiture of ) ) STOGNER PUMPING ) SERVICE, INC. ) ) , ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: . the Commission granted the late-filed renewal application. after the authorization for the station had expired, in apparent violation of Section 1.949 of the Commission's Rules. for its apparent willful violation of Section 1.949 of the Commission's Rules. 6. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, Stogner Pumping Service d/b/a Lamesa Paging Service SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992426.doc
  • Apparent Liability for Forfeiture of ) ) ) File No. X20EF0002 COMMUNICATORS, INC. ) Stations ) , KNKC731, KNKC816, ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: . the Commission granted the late-filed renewal applications. months after the authorization for the stations had expired, in apparent violation of Section 1.949 of the Commission's Rules. for its apparent willful violation of Section 1.949 of the Commission's Rules. 6. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, Berkshire Communicators, Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992428.doc
  • Commission Washington, D.C. 20554 In the Matter of ) ) Notice of Apparent Liability for Forfeiture of ) ) ) , ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: the Commission granted the late-filed renewal applications. after the authorization for the stations had expired, in apparent violation of Section 1.949 of the Commission's Rules. for its apparent willful violation of Section 1.949 of the Commission's Rules. 6. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, Vincent Communications, Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992429.doc
  • In the Matter of ) ) Notice of Apparent Liability for Forfeiture of ) ) ) File No. X20EF0003 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: the Commission granted the late-filed renewal application. months after the authorization for the stations had expired, in apparent violation of Section 1.949 of the Commission's Rules. for its apparent willful violation of Section 1.949 of the Commission's Rules. 6. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, Capitol Radiotelephone Company, Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992430.doc
  • In the Matter of ) ) Notice of Apparent Liability for Forfeiture of ) ) ) , ) , Colorado ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: . the Commission granted the late-filed renewal application. months after the authorization for the station had expired, in apparent violation of Section 1.949 of the Commission's Rules. for its apparent willful violation of Section 1.949 of the Commission's Rules. 6. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, Mr. William S. Mills SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992431.doc
  • ) Notice of Apparent Liability for Forfeiture of ) ) ) File No. X020EF0018 Stations ) WRV927, WXR916, Cookeville, Tennessee ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: . the Commission granted the late-filed renewal applications. month after the authorization for the stations had expired, in apparent violation of Section 1.949 of the Commission's Rules. for its apparent willful violation of Section 1.949 of the Commission's Rules. 6. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, Page-A-Phone, Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992432.doc
  • Notice of Apparent Liability for Forfeiture of ) ) ) File No. X20EF0017 Stations ) KNKL513, KNKD291 (Marathon, Florida), ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: . the Commission granted the late-filed renewal applications. months after the authorization for the stations had expired, in apparent violation of Section 1.949 of the Commission's Rules. for its apparent willful violation of Section 1.949 of the Commission's Rules. 6. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, D.A. Sanders, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992433.doc
  • of ) ) Notice of Apparent Liability for Forfeiture of ) ) ) File No. X20EF0016 Stations ) KWB377 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: . the Commission granted the late-filed renewal applications. months after the authorization for the stations had expired, in apparent violation of Section 1.949 of the Commission's Rules. for its apparent willful violation of Section 1.949 of the Commission's Rules. 6. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, Advanced Telecom, Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992434.doc
  • Apparent Liability for Forfeiture of ) ) ) File No. X20EF0015 ) Licensee of Paging Station ) KNKJ870, Fairbanks, Alaska ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: . the Commission granted the late-filed renewal applications. months after the authorization for the stations had expired, in apparent violation of Section 1.949 of the Commission's Rules. for its apparent willful violation of Section 1.949 of the Commission's Rules. 6. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, Communications Equipment & Services, Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992435.doc
  • November 4, 1999 Released: November 5, 1999 By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: 1. In this Notice of Apparent Liability for Forfeiture, we find that Euclid Telecommunications, Inc. (``Euclid''), failed to file a license renewal application for the above-captioned station prior to the expiration of the authorization for the station, in apparent violation of Section 1.949 of the Commission's Rules. We conclude that Euclid is apparently liable for a forfeiture in the amount of one thousand five hundred dollars ($1,500). 2. Euclid's authorization for the captioned station expired on April 1, 1999. Euclid, however, did not file application for renewal of the authorization for the above-captioned station until June 3, 1999. On September 20, 1999 the
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992436.doc
  • 4, 1999 Released: November 5, 1999 By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: 1. In this Notice of Apparent Liability for Forfeiture, we find that Sunbelt Transmission Corp. (``Sunbelt''), failed to file a license renewal application for the above listed station prior to the expiration of the authorization for the station, in apparent violation of Section 1.949 of the Commission's Rules. We conclude that Sunbelt is apparently liable for forfeiture in the amount of one thousand five hundred dollars ($1,500). 2. Sunbelt's authorizations for the captioned stations expired on April 1, 1999. Sunbelt, however, did not file application for renewal of the authorization of the above listed station until June 10, 1999. On September 20, 1999 the
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992437.doc
  • 1999 Released: November 5, 1999 By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: 1. In this Notice of Apparent Liability for Forfeiture, we find that Pampa Communications Center, Inc. (``Pampa''), failed to file a license renewal application for Stations KKB659 and KLB497 prior to the expiration of the authorization for the stations, in apparent violation of Section 1.949 of the Commission's Rules. We conclude that Pampa is apparently liable for a forfeiture in the amount of two thousand dollars ($2,000). 2. Pampa's authorizations for the captioned stations expired on April 1, 1999. Pampa, however, did not file applications for renewal of the authorizations for Stations KKB659 and KLB497 until May 28, 1999. On September 20, 1999 the Commission
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992438.doc
  • 4, 1999 Released: November 5, 1999 By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: 1. In this Notice of Apparent Liability for Forfeiture, we find that Champion Communications Services, Inc. (``Champion''), failed to file a license renewal application for the above-captioned stations, prior to the expiration of the authorization for the stations, in apparent violation of Section 1.949 of the Commission's Rules. We conclude that Champion is apparently liable for a forfeiture in the amount of three thousand dollars ($3000). 2. Champion's authorization for the captioned stations expired on April 1, 1999. Champion, however, did not file application for renewal of the authorization for the above listed stations until June 3, 1999. On September 20, 1999 the Commission
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992439.doc
  • 4, 1999 Released: November 5, 1999 By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: 1. In this Notice of Apparent Liability for Forfeiture, we find that Snider Communications Corporation (``Snider''), failed to file a license renewal application for the above listed stations prior to the expiration of the authorization for the stations, in apparent violation of Section 1.949 of the Commission's Rules. We conclude that Snider is apparently liable for a forfeiture in the amount of twenty one thousand dollars ($21,000). 2. Snider's authorizations for the captioned stations expired on April 1, 1999. Snider, however, did not file applications for renewal of the authorization of the above listed stations until June 10, 1999. On September 20, 1999 the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000060.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Robert Ventresca ) (Call Sign WPDK454) ) ) Request for Waiver of Section 1.949(a) ) of the Commission's Rules ) ORDER Adopted: January 13, 2000 Released: January 14, 2000 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: . We have before us a request for waiver of section 1.949(a) of the Commission's rules filed by Robert Ventresca (Ventresca) on April 5, 1999 in connection with his untimely request
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001134.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Self Communications, Inc. Reinstatement Application for 218-219 MHz Service License KIVD0006, Chicago, Illinois and Request for Waiver of Sections 1.949(a) and 1.955(a)(1) of the Commission's Rules ) ) ) ) ) ) ) ) File No. D126953 NAL/Acct. No. X 2051 00001 AND NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 23, 2000 Released: May 23, 2000 Before the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION On May 24, 1999, Self Communications, Inc. (Self) filed an
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001167.doc
  • and 1.925 of the Commission's Rules, 47 C.F.R. §§ 1.106, 1.925, that the petition for reconsideration filed by Browning Ferris, Industries, Inc., on December 4, 1998, and resubmitted on September 14, 1999, IS DENIED. 9. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 405, and Section 1.949 of the Commission's Rules, 47 C.F.R. § 1.949, that the reinstatement application FCC File No. D118162, filed by Browning Ferris Industries, Inc., on December 4, 1998, and resubmitted on September 14, 1999, IS DISMISSED. 10. This action is taken under delegated authority pursuant to Section 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001188.doc
  • PSPWD 1999) (finding that a petition for reconsideration sent to the Commission's lock box at Mellon Bank neither complied with the Commission's Rules nor ameliorated the late filing with the Secretary's office), aff'd, Order on Reconsideration, DA 00-316 (WTB PSPWD rel. April 11, 2000). 47 C.F.R. § 1.4(b)(5). We also note that the Branch properly dismissed Santiago's application. Under Section 1.949 of the Commission's Rules, applications for renewal of authorizations in the Wireless Radio Services must be filed no later than the expiration date of the authorization for which renewal is sought. 47 C.F.R. § 1.949(a). Further, under Section 1.955, authorizations automatically terminate upon the expiration date unless a timely application for renewal is filed. 47 C.F.R. § 1.955(a)(1). Requests for
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002091.doc
  • September 22, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION We have before us a request by WSYX Licensee, Inc. (WSYX) for renewal and reinstatement of its licenses for Fixed Microwave Service (FMS) Stations WNES558, Columbus, Ohio, and WNES559, Columbus, Ohio. In conjunction with the applications, WSYX submitted a request for waiver of Section 1.949 of the Commission's Rules to allow submission of its renewal applications after the licenses expired. For the reasons set forth below, we deny the waiver request and dismiss the above-captioned applications. Background The licenses for Stations WNES558 and WNES559 expired on September 27, 1999. WSYX, which operates a television broadcast station, states that it did not receive renewal notices from
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002144.doc
  • 1999) (finding that a petition for reconsideration sent to the Commission's lock box at Mellon Bank neither complied with the Commission's Rules nor ameliorated the late filing with the Secretary's office), aff'd, Order on Reconsideration, 15 FCC Rcd 10251 (WTB PSPWD 2000). 47 C.F.R. § 1.4(b)(5). Moreover, we note that the Branch correctly denied Metrocall's request for waiver of Section 1.949 of the Commission's Rules and the ongoing MAS application freeze. Section 1.949 of the Rules requires that an application for renewal of a wireless license be filed by the expiration date of that license. See 47 C.F.R. § 1.949. Metrocall explains that the delay in filing its renewal was due to the ``large amount of paperwork and other administrative matters
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
  • grant or license renewal for incumbent licensees. 35. Section 101.527 is added to read as follows: § 101.527 Construction requirements for 24 GHz operations. (a) Each licensee must make a showing of ``substantial service'' within ten years of its license grant. A ``substantial service'' assessment will be made at renewal pursuant to the provisions and procedures set forth in § 1.949 of this chapter. (1) ``Substantial service'' is a service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal during its past license term. (b) Each licensee must, at a minimum file: (1) A report, maps and other supporting documents describing its current service in terms of geographic coverage and population served
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99415.doc
  • and (ii) whether the licensee's operations service niche markets or focus on serving populations outside of areas served by other licensees. The ``substantial service'' requirement can, however, be met in other ways, and the Commission will review each licensee's showing on a case-by-case basis. A ``substantial service'' assessment will be made at renewal pursuant to the procedures contained in § 1.949 of this chapter. § 101.1329 EA Station license, location, modifications. EA licensees may construct master and remote stations anywhere inside the area authorized in their licenses, without prior approval, so long as the Commission's technical and other Rules are complied with, except that individual licenses are required for any master station that: Requires the submission of an Environmental Assessment under
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000114.html
  • WPCM508). Granted the Request for Waiver of Section 90.149(a) of the Commission's Rules filed by Elliot Acosta on February 9, 1999. Action by Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau. Adopted: January 13, 2000. by Order. (DA No. 00-61). WTB Internet URL: [34]http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000061.doc ROBERT VENTRESCA (CALL SIGN WPDK454). Denied the Request for Waiver of Section 1.949(a) of the Commission's Rules filed by Robert Ventresca on April 5, 1999. Action by Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau. Adopted: January 13, 2000. by Order. (DA No. 00-60). WTB Internet URL: [35]http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000060.doc IVAN BRISBIN (CALL SIGN WPCB813). Granted Mr. Ivan Brisbin's Request for Waiver of Section 90.149(a) of the Commission's Rules, and Reinstated
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000919.html
  • Brooklyn, New York. Dkt No.: CC-96-45, CC-97-21. Action by Accounting Policy Division, Common Carrier Bureau. Adopted: September 18, 2000. by Order. (DA No. 00-2103). CCB Internet URL: [19]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002103.doc BERKSHIRE COMMUNICATORS, INC./LICENSEE OF STATIONS KCA237, KNKC731 AND KNKC816. Issued a monetary forfeiture in the amount of four thousand five hundred dollars ($4,500) against Berkshire Communicators, Inc. for willful violation of Section 1.949 of the Commission's Rules. By Forfeiture Order. Action by Chief, Enforcement Bureau. Adopted: September 15, 2000. (DA No. 00-2130). ENF Internet URL: [20]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002130.doc IN THE MATTER OF AMENDMENT OF 1.80(B) OF THE COMMISSION'S RULES/ADJUSTMENT OF FORFEITURE MAXIMA TO REFLECT INFLATION. This Order amends Section 1.80(b) of the Commission's Rules to increase the maxium penalties defined in that section to account
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020710.html
  • 02-6) by ERRATUM. (FCC No. 02-175). WCB [68]DOC-224183A1.doc [69]DOC-224183A1.pdf [70]DOC-224183A1.txt PETITIONS REGARDING ENVIRONMENTAL PROCESSING STANDARDS FOR COLLOCATED WIRELESS FACILITIES. Dismissed without prejudice the Petition filed by PCIA on July 19, 2000. Action by: Commercial Wireless Division, Wireless Telecommunications Bureau. Adopted: 07/09/2002 by ORDER. (DA No. 02-1609). WTB [71]DA-02-1609A1.doc [72]DA-02-1609A1.pdf [73]DA-02-1609A1.txt GENE A. SMITH. Denied Gene Smith's request to waive section 1.949(a) of the Commission's rules, dismisses a late-filed renewal application filed by Smith, and granted Smith special temporary authority for a period of 30 days. Action by: Commercial Wireless Division, Wireless Telecommunications Bureau. Adopted: 07/09/2002 by ORDER. (DA No. 02-1606). WTB [74]DA-02-1606A1.doc [75]DA-02-1606A1.pdf [76]DA-02-1606A1.txt GENE A. SMITH. Denied Gene Smith's request to waive section 1.949(a) of the Commission's rules, dismisses a
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071119.html
  • (202) 418-1394, or Dennis Johnson at (202) 418-0809 [10]DA-07-4658A1.doc [11]DA-07-4658A1.pdf [12]DA-07-4658A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- RSDC OF MICHIGAN, LLC, HOLT, MICHIGAN. Issued a monetary forfeiture in the amount of nine thousand, two hundred dollars ($9,200) against RSDC of Michigan, LLC for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, and Sec 1.903, 1.949(a) of the Rules. Action by: Chief, Spectrum Enforcement Division, Enforcement Bureau. Adopted: 11/15/2007 by Forfeiture Order. (DA No. 07-4627). EB [13]DA-07-4627A1.doc [14]DA-07-4627A1.pdf [15]DA-07-4627A1.txt YELLOW CAB LEASING, INC., CANTON, OHIO. Issued a monetary forfeiture in the amount of ten thousand, five hundred dollars ($10,500) against Yellow Cab Leasing, Inc. for willful and repeated violation of Section 301 of the Communications Act
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd071227.html
  • structure. Action by: Chief, Enforcement Bureau. Adopted: 12/21/2007 by MO&O. (DA No. 07-5084). EB [49]DA-07-5084A1.doc [50]DA-07-5084A1.pdf [51]DA-07-5084A1.txt TED SAKAIDA & SONS, INC. VAN NUYS, CALIFORNIA. Issued a monetary forfeiture in the amount of five thousand, two hundred dollars ($5,200) against Ted Sakaida & Sons, Inc. for willful and repeated violations of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. Action by: Chief, Spectrum Enforcement Division, Enforcement Bureau. Adopted: 12/21/2007 by Forfeiture Order. (DA No. 07-5090). EB [52]DA-07-5090A1.doc [53]DA-07-5090A1.pdf [54]DA-07-5090A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED DECEMBER 26, 2007, DID NOT APPEAR IN DIGEST NO. 246: ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- TELECOMMUNICATIONS RELAY SERVICES AND SPEECH-TO-SPEECH SERVICES FOR INDIVIDUALS WITH HEARING AND SPEECH DISABILITIES. Addressed waivers of certain
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090831.html
  • No. 09-1976). PSHSB [152]DA-09-1976A1.doc [153]DA-09-1976A1.pdf [154]DA-09-1976A1.txt IOWA LAKES COMMUNITY COLLEGE. Denied Waiver Request. Admonished licensee for violations of Section 301 of the Communications Act and Section 1.903(a) of the Commission's Rules. Action by: Deputy Chief, Broadband Division, Wireless Telecommunication Bureau by LETTER. (DA No. 09-1971). WTB [155]DA-09-1971A1.doc [156]DA-09-1971A1.pdf [157]DA-09-1971A1.txt BRANTLEY COUNTY BOARD OF EDUCATION. Granted requests for waiver of Sections 1.949(a) and 1.946(e) of the Commission's Rules. Action by: Deputy Chief, Broadband Division Wireless Telecommuniations Bureau. Adopted: 08/28/2009 by MO&O. (DA No. 09-1972). WTB [158]DA-09-1972A1.doc [159]DA-09-1972A1.pdf [160]DA-09-1972A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED AUGUST 28, 2009, DID NOT APPEAR IN DIGEST NO. 172: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- FCC CHAIRMAN GENACHOWSKI STATEMENT ON D.C. CIRCUIT COURT
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100305.html
  • COMPANY. Granted in part CTTC's petition with regard to the Sterling system, and dismissed it without prejudice with regard to the other, unspecified, Bresnan systems. Action by: Senior Deputy Chief, Policy Division, Media Bureau. Adopted: 03/04/2010 by MO&O. (DA No. 10-377). MB [36]DA-10-377A1.doc [37]DA-10-377A1.pdf [38]DA-10-377A1.txt CHIPPEWA VALLEY TECHNICAL COLLEGE. Granted requests for waiver of former Section 74.15(e) and current Section 1.949(a) of the Commission's Rules. Action by: Deputy Chief, Broadband Division, Wireless Telecommunications Bureau. Adopted: 03/04/2010 by ORDER. (DA No. 10-384). WTB [39]DA-10-384A1.doc [40]DA-10-384A1.pdf [41]DA-10-384A1.txt LIBERTY COUNTY DISTRICT SCHOOL BOARD. Granted request for waiver of 1.949(a) of the Commission's Rules. Action by: Deputy Chief, Broadband Division, Wireless Telecommunications Bureau. Adopted: 03/04/2010 by ORDER. (DA No. 10-383). WTB [42]DA-10-383A1.doc [43]DA-10-383A1.pdf [44]DA-10-383A1.txt DAVENPORT
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd101220.html
  • SHOCK. Revised Comment Date: January 10, 2011. Revised Reply Comment Date: February 8, 2011. (Dkt No. 09-158 10-207 ). Action by: Chief, Consumer & Governmental Affairs Bureau. Adopted: 12/17/2010 by ORDER. (DA No. 10-2379). CGB [21]DA-10-2379A1.doc [22]DA-10-2379A1.pdf [23]DA-10-2379A1.txt BASF CORPORATION. Issued an NAL against BASF Corporation for apparent violation of Section 301 of the Communications Act and Sections 1.903(a) and 1.949(a) of the Rules. Action by: Chief, Enforcement Bureau. Adopted: 12/16/2010 by NAL. (DA No. 10-2347). EB [24]DA-10-2347A1.doc [25]DA-10-2347A1.pdf [26]DA-10-2347A1.txt JOAN T. AND KENNETH D. WRIGHT. Granted WGBS-LD's request. Action by: Senior Deputy Chief, Policy Division, Media Bureau. Adopted: 12/17/2010 by MO&O. (DA No. 10-2377). MB [27]DA-10-2377A1.doc [28]DA-10-2377A1.pdf [29]DA-10-2377A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2380A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2380A1.txt 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303679A1.pdf 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303679A2.txt 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303688A1.doc 6.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120321.html
  • Dismissed as untimely the petition for reconsideration of placement into termination pending status of two industrial/business pool microwave station in Ignacio, California. Action by: Deputy Chief, Broadband Division, Wireless Telecommunications Bureau. Adopted: 03/21/2012 by Order on Reconsideration. (DA No. 12-436). WTB [65]DA-12-436A1.doc [66]DA-12-436A1.pdf [67]DA-12-436A1.txt LMDS VENTURES REQUEST FOR RENEWAL AND EXTENSION CALL SIGNS. Denied the request for waiver of Section 1.949(a) of the Commission's Rules filed on April 12, 2010 by LMDS Ventures, as supplemented on August 13, 2010. Dismissed the application File Nos. 0004207852 and 0004207845. Action by: Deputy Chief, Broadband Division, Wireless Telecommunications Bureau by LETTER. (DA No. 12-435). WTB [68]DA-12-435A1.doc [69]DA-12-435A1.pdf [70]DA-12-435A1.txt AMERICAS SURVEY COMPANY PETITION FOR RECONSIDERATION OF PENDING TERMINATION OF LICENSE FOR STATION WQMC201. Dismissed as
• http://www.fcc.gov/Forms/Form601/601ps.pdf
  • COMMUNICATIONS COMMISSION 1270 FAIRFIELD ROAD GETTYSBURG, PA 17325-7245 INSTRUCTIONS FOR COMPLETION OF FCC FORM 601 FOR `RENEWAL ONLY' (`RO') For a `Renewal Only' purpose, you may renew an existing authorization, Special Temporary Authority or developmental authorization that has not expired and where no changes in the license conditions are being requested at the time of renewal. Refer to 47 CFR §1.949 for FCC rules on timely filings (Renewals must be filed no later than expiration date of the authorization and no sooner than 90 days prior to expiration). To make any modifications to the administrative or technical data (any other item than indicated below) of the license, use the `Renewal/Modification' `RM' purpose, in which case you cannot use these `RO' shortcuts.
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237879A1.html
  • apparently mistakenly believed his paging station was subject to regulation under Part 22, Subpart E (Public Mobile Services - Paging & Radiotelephone Service) of the Rules.5 Paging licensees in the Public Mobile Service are granted exclusive use of a radio channel for a given area and may relocate transmitters that are not considered a major modification as defined in Section 1.949(c)(1) of the Rules6 without prior FCC approval. However, Mr. Wayne applied for a PLMR station under Part 90, not a Public Mobile Service station under Part 22. As a PLMR applicant, Mr. Wayne was required to contact a frequency advisory committee, as outlined in Section 90.175 of the Rules,7 in order to determine what impact the proposed station will have
• http://www.fcc.gov/eb/Orders/2001/da01165.doc http://www.fcc.gov/eb/Orders/2001/da01165.html
  • station without a valid Commission authorization. We conclude that Verizon is apparently liable for a monetary forfeiture in the amount of five thousand dollars ($5,000). Background 2. Verizon's authorization for Paging Station KNKM760 expired on November 1, 1998. On February 7, 2000, Verizon filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. Verizon's waiver request states that it operated the subject paging system without an authorization between November 1, 1998 and February 7, 2000. On March 21, 2000, the Commission's Wireless Telecommunications Bureau granted Verizon's waiver request and reinstated its authority to operate Station KNKM760. III. Discussion 3. Section 301 of the Act sets forth the general mandate that
• http://www.fcc.gov/eb/Orders/2001/da01257.doc http://www.fcc.gov/eb/Orders/2001/da01257.html
  • captioned station without a valid Commission authorization. We conclude that Verizon is apparently liable for a monetary forfeiture in the amount of five thousand dollars ($5,000). Background 2. Verizon's authorization for Air-Ground KWU228 expired on September 1, 1999. On March 10, 2000, Verizon filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. Verizon's waiver request states that it operated the air-ground system without an authorization between September 1, 1999 and March 10, 2000. On April 20, 2000, the Commission's Wirless Telecommunications Bureau granted Verizon's waiver request and reinstated its authority to operate Station KWU228. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no
• http://www.fcc.gov/eb/Orders/2001/da01329.doc http://www.fcc.gov/eb/Orders/2001/da01329.html
  • requisite filing fee did not accompany the application. When Econopage's application was dismissed on April 19, 1999, its license expiration became effective as of April 1, 1999. On September 29, 1999, Econopage requested Special Temporary Authority (``STA'') to operate. On October 15, 1999, Econopage filed a renewal application for paging station KNKJ435 and a request for a waiver of Section 1.949 of the Rules, which requires, in pertinent part, that ``[a]pplications for renewal of authorizations in the Wireless Radio Services must be filed no later than the expiration date of the authorization for which renewal is sought ....''. The STA request was granted on October 6, 1999. On December 13, 1999, the Wireless Bureau granted the request for waiver of Section
• http://www.fcc.gov/eb/Orders/2001/da01382.doc http://www.fcc.gov/eb/Orders/2001/da01382.html
  • in the amount of five thousand dollars ($5,000) to Checkpoint for the noted violation. Checkpoint filed a response to the NAL on January 16, 2001. II. BACKGROUND Checkpoint's authorization for Paging Station WPCA811 expired on March 4, 1999. On December 16, 1999, Checkpoint filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. On April 3, 2000, the Commission granted Checkpoint's waiver request and reinstated its authority to operate Station WPCA811. On December 14, 2000, the Enforcement Bureau, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules, issued the referenced NAL in the amount of five thousand dollars ($5,000) to Checkpoint for operating
• http://www.fcc.gov/eb/Orders/2001/da01403.doc http://www.fcc.gov/eb/Orders/2001/da01403.html
  • Background 2. Commercial Radio's authorizations for the captioned SMR stations expired on the dates indicated: WPFV467 (10/18/99), WPFV649 (10/21/99), WPFV705 (10/21/99), WPFV707 (10/21/99), WPFV709 (10/21/99), WPFV852 (10/21/99), WPFV924 (10/19/99), WPFV929 (10/20/99), WPFV961 (10/21/99), WPFV962 (10/21/99) and WPFU496 (10/11/99). On March 24, 2000, Commercial Radio filed applications for renewal of the authorizations for those stations and requested the waiver of Section 1.949 of the Commissions Rules. Commercial Radio's waiver request indicates that it operated the captioned SMR stations without authorization between October, 1999 and March 24, 2000. 3. In its response to the NAL, Commercial Radio argues that it is entitled to cancellation or mitigation of the proposed forfeiture on the basis of its ``history of overall compliance'' and because the violations
• http://www.fcc.gov/eb/Orders/2001/da01672.doc http://www.fcc.gov/eb/Orders/2001/da01672.html
  • income. And (API) was one of the largest paging companies in the U.S., I have been told. Between the expiration of its license for station KNKK662 on April 1, 1999, and the grant of its renewal application, AA Beep had no authority to operate that station. AA Beep filed, with its renewal application, a request for a waiver of Section 1.949 of the Rules and for Special Temporary Authority to continue operating Station KNKK662 during the pendency of its renewal application. In that request, AA Beep asserted that: Disruption of service on this frequency would cause hardship to existing subscribers since this system has been operating many years, is presently being used and provides needed communications to businesses in an area
• http://www.fcc.gov/eb/Orders/2001/da01714.doc http://www.fcc.gov/eb/Orders/2001/da01714.html
  • (``NAL'') in the amount of five thousand dollars ($5,000) to Page-Comm for the noted violation. Page-Comm filed a response to the NAL on December 21, 2000. II. BACKGROUND Page-Comm's authorization for Station KPS323 expired on April 1, 1999. On January 5, 2000, Page-Comm filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949 of the Rules. Page-Comm's waiver request indicated that Page-Comm operated paging facilities without authorization between April 1, 1999 and January 5, 2000. On February 20, 2000, the Wireless Telecommunications Bureau granted Page-Comm's waiver request and reinstated its authority to operate Station KPS323. On November 29, 2000, the Enforcement Bureau issued an NAL for a forfeiture in the amount of $5,000
• http://www.fcc.gov/eb/Orders/2001/da01899.doc http://www.fcc.gov/eb/Orders/2001/da01899.html
  • Star filed its response on January 17, 2001. II. BACKGROUND 3. Between the expiration of Star's authorization for Stations KNKC938, KNKJ977, KNKC272 and KNKC934, on April 1, 1999, and the grant of its renewal application, Star had no authority to operate those stations. On December 27, 1999, Star filed, with its renewal application, a request for a waiver of Section 1.949 of the Rules. Star's waiver request indicates that Star operated Stations KNKC938, KNKJ977, KNKC272 and KNKC934 without authorization between April 1, 1999 and December 27, 1999. On March 20, 2000, the Commission staff granted Star's waiver request and reinstated its authority to operate Stations KNKC938, KNKJ977, KNKC272 and KNKC934. 4. In its response to the NAL, Star contends that imposition
• http://www.fcc.gov/eb/Orders/2001/da01966.doc http://www.fcc.gov/eb/Orders/2001/da01966.html
  • pagers had been transferred to another paging system and that it did not operate Station KNKK662 during the relevant period (April 1 - October 8, 1999). In our MO&O released on March 16, 2001, in which we first reconsidered the Forfeiture Order, we pointed out that AA Beep made the opposite claim in its request for a waiver of Section 1.949 of the Rules: Disruption of service on this frequency would cause hardship to existing subscribers since this system has been operating many years, is presently being used and provides needed communications to businesses in an area that is not located in a major metropolitan area (emphasis added). In its letter dated March 25, 2001, AA Beep says that the above
• http://www.fcc.gov/eb/Orders/2001/fcc01222.doc http://www.fcc.gov/eb/Orders/2001/fcc01222.html
  • of Stations WRV927 and WXR916, of the Forfeiture Order issued by the Enforcement Bureau in this proceeding. Pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), and Section 1.80 of the Commission's Rules (``the Rules'') the Enforcement Bureau found Page-A-Phone liable for a monetary forfeiture in the amount of $1,500 for willful violation of Section 1.949 of the Rules by failing to file license renewal applications for paging Stations WRV927 and WXR916 prior to the expiration of the authorizations for the stations. 2. The Forfeiture Order issued in this proceeding was released on November 3, 2000. Pursuant to Section 1.115(d) of the Rules, Page-A-Phone had 30 days, ending on December 4, 2000, to file its application
• http://www.fcc.gov/eb/Orders/2006/DA-06-2337A1.html
  • apparently liable for a forfeiture in the amount of five thousand two hundred dollars ($5,200) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Hare Planting acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. Hare Planting was granted a PLMRS station license under call sign WNQC202 on May 28, 1999, with an expiration date of August 14, 2004. On November 29, 2005, Hare Planting filed a request for Special Temporary Authority ("STA") to continue operating its PLMRS station. The Wireless Telecommunications Bureau granted Hare Planting STA
• http://www.fcc.gov/eb/Orders/2007/DA-07-1285A1.html
  • Texas, apparently liable for a forfeiture in the amount of five thousand two hundred dollars ($5,200) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Imperial acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. Imperial was granted a PLMRS station license under call sign WPPD863 on November 4, 1999, with an expiration date of November 4, 2004. Imperial failed to file for renewal of the station's license and the license expired on its own terms on November 4, 2004. On June 28, 2006, Imperial filed a
• http://www.fcc.gov/eb/Orders/2007/DA-07-1433A1.html
  • apparently liable for a forfeiture in the amount of seven thousand five hundred dollars ($7,500) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Mitchell Electric acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. On June 26, 2006, Mitchell Electric filed a request for Special Temporary Authority ("STA") to continue operating its PLMRS station WNWZ353 because the station license had expired on August 6, 2001. The Wireless Telecommunications Bureau granted Mitchell Electric STA to continue operating the station under call sign WQFH332 on July 14, 2006.
• http://www.fcc.gov/eb/Orders/2007/DA-07-1548A1.html
  • ($9,200) for operating a PLMRS station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Enforcement Bureau ("Bureau") to provide certain information and documents. GGP acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. GGP was granted a PLMRS station license under call sign WPPT427 on April 3, 2000, with an expiration date of April 3, 2005. GGP's license to operate station WPPT427 expired on April 3, 2005, because it failed to file a renewal application. On April 17, 2006 - over a year after its
• http://www.fcc.gov/eb/Orders/2007/DA-07-1602A1.html
  • Harbors, Minnesota, apparently liable for a forfeiture in the amount of twenty thousand, eight hundred dollars ($20,800) for operating its PLMRS stations without Commission authority and for failing to file timely renewal applications for the stations. CLP acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. CLP's licenses for its PLMRS stations, WYU920, WYU921, WFK224 and KA40187, expired on July 17, 2004. On June 26, 2006, CLP filed a request for Special Temporary Authority ("STA") to continue operating. The Wireless Telecommunications Bureau granted CLP STA to continue operating under call sign WQFG667 on July 11, 2006. 3. Because
• http://www.fcc.gov/eb/Orders/2007/DA-07-1672A1.html
  • ($9,200) for operating a PLMRS station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Enforcement Bureau ("Bureau") to provide certain information and documents. RSDC acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. RSDC was granted a PLMRS station license under call sign WPMV711 on January 29, 1999, with an expiration date of January 29, 2004. RSDC's license to operate station WPMV711 expired on January 29, 2004, because it failed to file a renewal application. On June 19, 2006- more than two years after its
• http://www.fcc.gov/eb/Orders/2007/DA-07-1686A1.html
  • Kentucky apparently liable for a forfeiture in the amount of five thousand, two hundred dollars ($5,200) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. JSMC acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. JSMC's license for its PLMRS station, WPOY291, expired on August 31, 2004. On August 30, 2006, JSMC filed a request for Special Temporary Authority ("STA") to continue operating. The Wireless Telecommunications Bureau granted JSMC STA to continue operating under call sign WQFP653 on September 1, 2006. 3. Because it appeared that JSMC
• http://www.fcc.gov/eb/Orders/2007/DA-07-1812A1.html
  • 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of five thousand two hundred dollars ($5,200) against Hare Planting Co., Inc. ("Hare Planting") for willful and repeated violations of Section 301 of the Communications Act of 1934 ("Act"), as amended, and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve operating a Private Land Mobile Radio Service ("PLMRS") station without Commission authority and failing to file a timely renewal application for the station. II. BACKGROUND 2. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of any apparatus for the transmission of energy or
• http://www.fcc.gov/eb/Orders/2007/DA-07-2056A1.html
  • for Forfeiture, we find Doss Aviation Inc. ("Doss"), former licensee of Private Land Mobile Radio Service ("PLMRS") station WPPZ915, in Corpus Christi, Texas, apparently liable for a forfeiture in the amount of five thousand, two hundred dollars ($5,200) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). The noted apparent violations involve Doss' operation of a PLMRS station without Commission authority and its failure to file a timely renewal application for the station. II. background 2. Doss was granted a PLMRS station license under call sign WPPZ915 on April 11, 2000, with an expiration date of April 11, 2005. Doss failed to
• http://www.fcc.gov/eb/Orders/2007/DA-07-2083A1.html
  • station WPKW900, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Kimberly Clark acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. On November 13, 2001, an application was filed with the Commission's Wireless Telecommunications Bureau ("Wireless Bureau") to assign the license for PLMRS station WPKW900 from HK Systems to Kimberly Clark. The license for WPKW900 had an expiration date of August 22, 2002. On July 19, 2006, Kimberly Clark filed with the Wireless
• http://www.fcc.gov/eb/Orders/2007/DA-07-2235A1.html
  • California, apparently liable for a forfeiture in the amount of five thousand, two hundred dollars ($5,200) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Sakaida acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 1. On June 19, 2006, Sakaida filed a request for Special Temporary Authority ("STA") to continue operating its PLMRS station WIM375 because the station license had expired on June 26, 2005. The Wireless Telecommunications Bureau ("WTB") granted Sakaida STA to continue operating the station under call sign WQFD608 on June 21, 2006. On
• http://www.fcc.gov/eb/Orders/2007/DA-07-3011A1.html
  • dollars ($10,500) for operating a PLMRS station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Enforcement Bureau ("Bureau") to provide certain information. Yellow Cab acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. Yellow Cab was granted a PLMRS station license under call sign KNHW827 on August 27, 1998, with an expiration date of November 16, 2003. Yellow Cab did not file a renewal application and thus its license to operate station KNHW827 expired on November 16, 2003. 3. In October 2006, the Enforcement Bureau
• http://www.fcc.gov/eb/Orders/2007/DA-07-3697A1.html
  • August 24, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: I. introduction 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eight thousand, four hundred dollars ($8,400) against General Growth Properties ("GGP") for willful and repeated violations of Section 301 of the Communications Act of 1934 ("Act"), as amended, and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve operating a Private Land Mobile Radio Service ("PLMRS") station without Commission authority, failing to file a timely renewal application for the station and failing to respond to directives of the Spectrum Enforcement Division ("Division"), Enforcement Bureau ("Bureau") to provide certain information and documents. II. background 2. Section 301 of the Act
• http://www.fcc.gov/eb/Orders/2007/DA-07-4037A1.html
  • 2007 Released: September 27, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of five thousand two hundred dollars ($5,200) against Imperial Sugar Company ("Imperial") for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve Imperial's operation of Private Land Mobile Radio Service ("PLMRS") station WPPD863 without Commission authority and for failure to file a timely renewal application for the station. 2. On March 15, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $5,200 to Imperial.
• http://www.fcc.gov/eb/Orders/2007/DA-07-4371A1.html
  • apparently liable for a forfeiture in the amount of six thousand, five hundred dollars ($6,500) for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Five Star acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). II. background 2. On February 16, 2002, Five Star was granted a PLMRS station license under call sign WPNS752 with an expiration date of May 28, 2004. Five Star did not file a renewal application, and consequently its license to operate station WPNS752 expired on May 28, 2004. On April 3, 2007, Five Star filed
• http://www.fcc.gov/eb/Orders/2007/DA-07-43A1.html
  • the Enforcement Bureau ("Bureau") of the Federal Communications Commission (the "FCC" or "Commission") and Alltel Corporation ("Alltel"). The Consent Decree terminates the Bureau's investigation into whether one of Alltel's indirect wholly-owned licensee subsidiaries failed to timely file an application to renew its A-Block cellular license, call sign KNKA369, for the Oklahoma City, Oklahoma cellular market area in violation of Section 1.949 of the Commission's rules, and whether the subsidiary operated the station without Commission authorization in violation of Section 301 of the Communications Act of 1934, as amended (the "Act"), and Section 1.903(a) of the Commission's rules. 2. The Enforcement Bureau and Alltel have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A
• http://www.fcc.gov/eb/Orders/2007/DA-07-4627A1.html
  • Released: November 19, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of nine thousand, two hundred dollars ($9,200) against RSDC of Michigan, LLC ("RSDC") for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve RSDC's operation of a Private Land Mobile Radio Service station without Commissions authority, failure to file a timely renewal application for the station and failure to respond to directives of the Enforcement Bureau ("Bureau") to provide certain information and documents. 2. On April 12, 2007, the Spectrum Enforcement Division issued a
• http://www.fcc.gov/eb/Orders/2007/DA-07-4630A1.html
  • November 19, 2007 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of ten thousand, five hundred dollars ($10,500) against Yellow Cab Leasing, Inc. ("Yellow Cab") for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve Yellow Cab's operation of a Private Land Mobile Radio Service station without Commission authority, failure to file a timely renewal application for the station and failure to respond to directives of the Enforcement Bureau ("Bureau") to provide certain information. 2. On July 10, 2007, the Spectrum Enforcement Division issued a Notice
• http://www.fcc.gov/eb/Orders/2007/DA-07-4687A1.html
  • Released: November 28, 2007 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Doss Aviation Inc. ("Doss"). The Consent Decree terminates the Bureau's enforcement proceeding relating to Doss's compliance with the Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). 2. The Enforcement Bureau and Doss have negotiated the terms of a Consent Decree that would resolve these matters and terminate the enforcement proceeding. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, we conclude that no substantial or material questions of fact exist
• http://www.fcc.gov/eb/Orders/2007/DA-07-5090A1.html
  • monetary forfeiture in the amount of five thousand, two hundred dollars ($5,200) against Ted Sakaida & Sons, Inc. d/b/a Ted Sakaida & Sons Trucking ("Sakaida"), former licensee of Private Land Mobile Radio Service ("PLMRS") station WIM375, Van Nuys, California, for willful and repeated violations of Section 301 of the Communications Act of 1934 ("Act") as amended, and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve Sakaida's operation of PLMRS station WIM375 without Commission authority and failure to file a timely renewal application for that station. II. background 2. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of any apparatus for the transmission of energy or communications or signals
• http://www.fcc.gov/eb/Orders/2008/DA-08-1914A1.html
  • to any issues raised by Utopian Wireless Corporation in FCC File No. 0003130320 as to the proposed assignment of the incumbent BRS licenses from Wireless Telecommunications, Inc., Debtor-in-Possession to VTel Wireless, Inc., a subsidiary of Vermont Telephone Co., Inc. * Applications for renewal filed on April 18, 2006, within thirty days of expiration, accompanied by Request for Waiver of Section 1.949(a) of the Commission's Rules. FCC File Nos. 0002576443 (B227), 0002576439 (B249), 0002576440 (B266), 0002576444 (B342), 0002576441 (B398), and 0002576442 (B406). Federal Communications Commission DA 08-1914 2 Federal Communications Commission DA 08-1914 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1914A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1914A1.doc
• http://www.fcc.gov/eb/Orders/2008/DA-08-1967A1.html
  • By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and NOVA Chemicals, Inc. ("NOVA"). The Consent Decree terminates an investigation by the Bureau against NOVA for possible violations of section 301 of the Communications Act of 1934, as amended, ("Act") and sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules") regarding the operation of its Private Land Mobile Radio Service ("PLMRS") station WPLH775 without Commission authority and its failure to file a timely renewal application for the station. 2. The Bureau and NOVA have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and
• http://www.fcc.gov/eb/Orders/2008/DA-08-1969A1.html
  • apparently liable for a forfeiture in the amount of six thousand two hundred dollars ($6,200) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Mathews Readymix acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's rules ("rules"). II. background 2. On October 25, 1996, Mathews Readymix's application to renew its license for station KNAS290 was granted with an expiration date of January 21, 2002. On February 28, 2008, Mathews Readymix filed with the Wireless Telecommunications Bureau ("WTB") a request for Special Temporary Authority ("STA") to operate KNAS290. On March 12, 2008, WTB
• http://www.fcc.gov/eb/Orders/2008/DA-08-21A1.html
  • Station WPOG498, apparently liable for a forfeiture in the amount of six thousand, five hundred dollars ($6,500) for operating the station without Commission authority and for failing to file a timely renewal application for the station. Richmond acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903(a) and 1.949(a) of the Commission's rules. II. background 2. On October 25, 1999, the Wireless Telecommunications Bureau ("WTB") granted Richmond a license in the Industrial/Business Pool Radio Service under the call sign WPOG498, with an expiration date of October 25, 2004. Richmond did not file a renewal application, and the WTB cancelled the license for WPOG498 on December 25, 2004. On May
• http://www.fcc.gov/eb/Orders/2008/DA-08-24A1.html
  • 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission ("FCC" or "Commission") and Cooperative Light & Power Association ("CLP"). The Consent Decree terminates the Bureau's enforcement proceeding relating to CLP's compliance with Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). 2. The Bureau and CLP have negotiated the terms of a Consent Decree that would resolve these matters and terminate the enforcement proceeding. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, we conclude that no substantial or material questions of fact exist with
• http://www.fcc.gov/eb/Orders/2008/DA-08-410A1.html
  • Spectrum Enforcement Division, Enforcement Bureau: I. introduction 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of six thousand five hundred dollars ($6,500) against Five Star Parking d/b/a Five Star Taxi Dispatch ("Five Star") for willful and repeated violations of Section 301 of the Communications Act of 1934, as amended ("Act"), and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules"). The noted violations involve Five Star's operation of Private Land Mobile Radio Service ("PLMRS") station WPNS752 without Commission authority and failure to file a timely renewal application for the station. II. background 2. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of any apparatus for the transmission
• http://www.fcc.gov/eb/Orders/2008/DA-08-46A1.html
  • station WPIM837 apparently liable for a forfeiture in the amount of six thousand five hundred ($6,500) for operating a PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Miller acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's rules ("rules"). II. background 2. On July 26, 2000, Miller was granted a renewal of its PLMRS station license under call sign WPIM837, with an expiration date of October 12, 2005. Miller did not file a renewal application, and consequently its license to operate station WPIM837 expired on October 12, 2005. On August 16, 2007, Miller filed
• http://www.fcc.gov/eb/Orders/2008/DA-08-552A1.html
  • Hospital, Inc. ("Presbyterian Hospital"), former licensee of Private Land Mobile Radio Service ("PLMRS") station KNS481, for operating its PLMRS station without Commission authority and for failing to file a timely renewal application for the station. Presbyterian Hospital acted in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the Commission's Rules ("Rules") by failing to file a timely renewal application for station KNS481 and for continued operation of that station from May 22, 2002 to August 5, 2003. II. background 2. On April 18, 1997, Presbyterian Hospital was granted a license renewal for PLMRS station KNS481 with an expiration date of May 21, 2002. Presbyterian Hospital did
• http://www.fcc.gov/eb/Orders/2010/DA-09-2385A1.html
  • By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Marathon Petroleum Company, LLC ("Marathon"). The Consent Decree terminates an investigation by the Bureau into Marathon's possible violations of Section 301 of the Communications Act of 1934, as amended, ("Act"), and Sections 1.903 and 1.949(a) of the Commission's Rules ("Rules"). 2. The Bureau and Marathon have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by
• http://www.fcc.gov/eb/Orders/2010/DA-09-2644A1.html
  • of Private Land Mobile Radio ("PLMRS") station WPQE205, in Las Vegas, Nevada, apparently liable for a forfeiture in the amount of six thousand four hundred dollars ($6,400) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act") and Section 1.903(a) of the Commission's Rules ("Rules") and for apparent willful violation of Section 1.949(a) of the Rules. The noted apparent violations involve Nevada Sun Peak's operation of its PLMRS station without Commission authority and its failure to timely file a renewal application for the station. II. Background 2. On June 7, 2000, Nevada Sun Peak was granted a license to operate station WPQE205 until the license expiration date of June 7, 2005. On August
• http://www.fcc.gov/eb/Orders/2010/DA-10-1706A1.html
  • we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Nex-Tech, Inc. ("Nex-Tech"). The Consent Decree terminates the Bureau's investigation into whether Nex-Tech failed to file timely applications to renew its broadband Personal Communications Services C-Block licenses, call signs WPOJ817 and WPOJ818, in the Great Bend and Hays, Kansas basic trading areas, in violation of section 1.949(a) of the Commission's rules ("Rules"), and operated the stations without Commission authorization in violation of section 301 of the Communications Act of 1934, as amended (the "Act"), and section 1.903(a) of the Rules. 2. The Bureau and Nex-Tech have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and
• http://www.fcc.gov/eb/Orders/2010/DA-10-2347A1.html
  • ("BASF"), former licensee of Private Land Mobile Radio Service ("PLMRS") station WPNZ510, Pasedena, Texas, apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended ("Act") and section 1.903(a) of the Commission's rules ("Rules") and for apparent willful violation of section 1.949(a) of the Rules. The noted apparent violations involve BASF's failure to timely file a renewal application for its PLMRS station and its operation of the station for five years without Commission authority. II. background 2. On August 12, 1999, BASF was granted a five-year license to operate station WPNZ510 through August 12, 2004. On May 17, 2004, the Commission sent
• http://www.fcc.gov/eb/Orders/2010/DA-10-287A1.html
  • of Private Land Mobile Radio ("PLMRS") station WPQD526, in San Diego, California, apparently liable for a forfeiture in the amount of six thousand four hundred dollars ($6,400) for apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended ("Act") and Section 1.903(a) of the Commission's Rules ("Rules") and for apparent willful violation of Section 1.949(a) of the Rules. The noted apparent violations involve the University's operation of its PLMRS station without Commission authority and its failure to timely file a renewal application for the station. II. Background 2. On June 1, 2000, the University was granted a license to operate station WPQD526 until the license expiration date of June 1, 2005. On August 6, 2005,
• http://www.fcc.gov/eb/Orders/2011/DA-11-1969A1.html
  • December 6, 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Carrier Coach Inc. ("Carrier Coach"). The Consent Decree terminates an investigation initiated by the Bureau regarding Carrier Coach's compliance with section 301 of the Communications Act of 1934, as amended, and sections 1.903(a) and 1.949(a) of the Commission's rules, pertaining to the operation of a wireless radio station without Commission authority and the failure to file a timely renewal application for a wireless radio station. 2. The Bureau and Carrier Coach have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by
• http://www.fcc.gov/eb/Orders/2011/DA-11-2004A1.html
  • into possible violations by Rio Tinto and Alcan of Section 310(d) of the Communications Act of 1934, as amended (the "Act"), and Section 1.948 of the Commission's rules ("Rules"), relating to the requirement that Commission approval be obtained prior to assignment or transfer of control of wireless radio station licenses; and Section 301 of the Act, and Sections 1.903 and 1.949(a) of the Rules, relating to the authorized operation of stations and equipment in the wireless radio services, and the timely filing of renewal applications. 2. The Bureau, Rio Tinto, and Alcan have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the
• http://www.fcc.gov/eb/Orders/2011/DA-11-2004A2.html
  • Bureau's Investigation into whether Rio Tinto and Alcan violated Section 310(d) of the Communications Act of 1934, as amended (the "Act"), and Section 1.948 of the Commission's Rules ("Rules"), relating to the requirement that Commission approval be obtained prior to assignment or transfer of control of wireless radio station licenses; and Section 301 of the Act, and Sections 1.903 and 1.949(a) of the Rules, relating to the authorized operation of stations and equipment in the wireless radio services, and the timely filing of renewal applications. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" or "Order"
• http://www.fcc.gov/eb/Orders/2011/DA-11-479A1.html
  • ("Shubat"), former licensee of Private Land Mobile Radio Service ("PLMRS") station WPMH780, Hibbing, Minnesota, apparently liable for a forfeiture in the amount of nineteen thousand dollars ($19,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended ("Act") and section 1.903(a) of the Commission's rules ("Rules") and for apparent willful violation of section 1.949(a) of the Rules. The noted apparent violations involve Shubat's operation of the station for more than six years without Commission authority and its failure to timely file a renewal application for its PLMRS station. II. background 2. On July 30, 1998, Shubat was granted a five-year license to operate station WPMH780 through July 30, 2003. On May 5, 2003, the
• http://www.fcc.gov/eb/Orders/2011/DA-11-633A1.html
  • for Forfeiture ("NAL"), we find Harrah's Atlantic City Operating Company LLC ("Harrah's"), former licensee of Industrial/Business Pool Radio Station WSZ911 in Atlantic City, New Jersey, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended ("Act") and sections 1.903(a) and 1.949(a) of the Commission's rules ("Rules"). The noted apparent violations involve Harrah's operation of Station WSZ911 without Commission authority, and its failure to timely file a renewal application for the station for almost ten years. II. BACKGROUND 2. On April 8, 2010, agents in the Enforcement Bureau's Philadelphia Office ("Philadelphia Office") conducted routine monitoring of several paging frequencies in the Atlantic
• http://www.fcc.gov/eb/Orders/2011/DA-11-8A1.html
  • Inc. ("Call Mobile"), former licensee of Industrial/Business Pool Radio station WPKM300, in Lexington, Kentucky, apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000) for apparent willful and repeated violation of section 301 of the Communications Act of 1934, as amended ("Act") and section 1.903(a) of the Commission's rules ("Rules"), and for apparent willful violation of section 1.949(a) of the Rules. The noted apparent violations involve Call Mobile's operation of station WPKM300 without Commission authority and its failure to timely file a renewal application for the station for more than two and a half years. II. Background 2. On April 16, 1997, Call Mobile was granted a license to operate station WPKM300 until the license expiration date of
• http://www.fcc.gov/eb/Orders/2012/DA-12-357A1.html
  • the Licensing and Permitting Rules. h. "Effective Date" means the date on which the Bureau releases the Adopting Order. i. "Investigation" means the investigation commenced by the Bureau's July 25, 2011 letter of inquiry regarding Uniradio's delivery of cross-border programming to Mexican broadcast station XERCN, Tijuana, Mexico. j. "Licensing and Permitting Rules" means Section 325(c), Section 301of the Act, Section 1.949(a) of the Rules, and other Communications Laws that prohibit the use or operation of a wireless radio station or the delivery of programming to a foreign broadcast station without a valid authorization. k. "Operating Procedures" means the standard, internal operating procedures and compliance policies established by Uniradio to implement the Compliance Plan. l. "Parties" means Uniradio and the Bureau, each
• http://www.fcc.gov/eb/Orders/da001667.doc http://www.fcc.gov/eb/Orders/da001667.txt
  • Paging Stations KNKG512 and KWB377 ) NAL/Acct. No. X20EF0016 Warner Robins, Georgia ) ) FORFEITURE ORDER Adopted: July 26, 2000 Released: July 27, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Advanced TelCom, Inc. (``Advanced TelCom'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involves Advanced TelCom's failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for the stations. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
• http://www.fcc.gov/eb/Orders/da001810.doc http://www.fcc.gov/eb/Orders/da001810.txt
  • Licensee of Station KNKD302 ) Big Coppitt Key, Florida ) MEMORANDUM OPINION AND ORDER Adopted: August 8, 2000 Released: August 10, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of six thousand dollars ($6,000) issued against D.A. Sanders for apparent willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Mr. Sanders' failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for the stations. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
• http://www.fcc.gov/eb/Orders/da002004.doc http://www.fcc.gov/eb/Orders/da002004.txt
  • ) Licensee of Station WSI674 ) NAL/Acct. No. X20EF0006 Dickinson, North Dakota ) FORFEITURE ORDER Adopted: August 30, 2000 Released: September 1, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) against Telnet of Dickinson, Inc. ("Telnet"), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Telnet's failure to file a license renewal application for Station WSI674 prior to the expiration of the authorization for the station. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
• http://www.fcc.gov/eb/Orders/da002130.doc http://www.fcc.gov/eb/Orders/da002130.txt
  • KNKC731 and ) NAL/Acct. No. X20EF0002 KNKC816 ) ) Pittsfield, Massachusetts ) FORFEITURE ORDER Adopted: September 15, 2000 Released: September 19, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand five hundred dollars ($4,500) against Berkshire Communicators, Inc. ("Berkshire"), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Berkshire's failure to file license renewal applications for Stations KCA237, KNKC731, and KNKC816 prior to the expiration of the authorizations for the stations. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability
• http://www.fcc.gov/eb/Orders/da002145.doc http://www.fcc.gov/eb/Orders/da002145.txt
  • the Matter of ) ) Vincent Communications, Inc. ) File No. EB-00-TS-018 KNKK227, KNKK231, and KNKK233 ) Fresno, California ) NAL/Acct. No. X20EF0001 FORFEITURE ORDER Adopted: September 20, 2000 Released: September 22, 2000 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a $4,500 monetary forfeiture to Vincent Communications, Inc. (``Vincent Communications'') for willfully violating Section 1.949 of the Commission's Rules (``Rules''). Vincent Communications failed to file timely its license renewal applications for paging stations KNKK227, KNKK231, and KNKK233. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division, Wireless Telecommunications Bureau, issued a $4,500 Notice of Apparent Liability for Forfeiture (``NAL'') to Vincent Communications. Vincent Communications filed its response to the
• http://www.fcc.gov/eb/Orders/da002201.doc http://www.fcc.gov/eb/Orders/da002201.txt
  • KNKM520, KNKP704, KNKO557, KNKM635 ) and KNKM501 ) ) Various Locations in Arkansas ) FORFEITURE ORDER Adopted: September 26, 2000 Released: September 28, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) against Snider Communications Corp. (``Snider'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involves Snider's failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for those stations II. BACKGROUND 2. Snider's authorizations for the captioned stations expired on April 1, 1999. Snider, however, , did not file applications for renewal of the authorization of the above listed
• http://www.fcc.gov/eb/Orders/da002294.doc http://www.fcc.gov/eb/Orders/da002294.html http://www.fcc.gov/eb/Orders/da002294.txt
  • Rules (``Rules''). We conclude that AA Beep is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. AA Beep's authorization for Public Mobile Radio Station KNKK662, expired on April 1, 1999. On October 8, 1999, AA Beep filed an application for renewal of the authorization for that station and requested the waiver of Section 1.949 of the Commissions Rules. AA Beep's waiver request indicates that AA Beep apparently operated paging facilities without authorization between April 1, 1999, and October 8, 1999. On November 30, 1999, the Commission granted AA Beep's waiver request and reinstated its authority to operate Station KNKK662. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no
• http://www.fcc.gov/eb/Orders/da002334.doc http://www.fcc.gov/eb/Orders/da002334.txt
  • Licensee of Paging Station KNKO605, ) NAL/Acct. No.: X20EF0004 Telluride, Colorado ) FORFEITURE ORDER Adopted: October 12, 2000 Released: October 16, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) against William S. Mills (``Mills''), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Mills' failure to file a license renewal application for Station KNKO605 prior to the expiration of the authorization for the station. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture
• http://www.fcc.gov/eb/Orders/da002335.doc http://www.fcc.gov/eb/Orders/da002335.html http://www.fcc.gov/eb/Orders/da002335.txt
  • of the Commission's Rules (``Rules''). We conclude that Econopage is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Econopage's authorization for Public Mobile Radio Station KNKJ435, expired on April 1, 1999. On October 18, 1999, Econopage filed an application for renewal of the authorization for that station and requested the waiver of Section 1.949 of the Commissions Rules. Econopage's waiver request indicates that Econopage apparently operated paging facilities without authorization between April 1, 1999, and October 18, 1999. On December 13, 1999, the Commission granted Econopage's waiver request and reinstated its authority to operate Station KNKJ435. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no person shall use
• http://www.fcc.gov/eb/Orders/da002376.doc http://www.fcc.gov/eb/Orders/da002376.html http://www.fcc.gov/eb/Orders/da002376.txt
  • (``Rules''). We conclude that US Unwired is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. US Unwired's authorization for Public Mobile Radio Stations KNLM672 and KNKP448, expired on April 1, 1999. On October 25, 1999, US Unwired filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. US Unwired's waiver request indicates that US Unwired apparently operated paging facilities without authorization between April 1, 1999 and October 25, 1999. On December 9, 1999, the Commission granted US Unwired's waiver request and reinstated its authority to operate Stations KNLM672 and KNKP448. III. Discussion 3. Section 301 of the Act sets forth the general mandate
• http://www.fcc.gov/eb/Orders/da002478.doc http://www.fcc.gov/eb/Orders/da002478.txt
  • of Stations WRV927 & WXR916 ) NAL/Acct. No. X20EF0018 ) Cookeville, Tennessee ) FORFEITURE ORDER Adopted: November 1, 2000 Released: November 3, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand five hundred dollars ($1,500) against Page-A-Phone, Inc. ("Page-A-Phone"), for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The noted violation involved Page-A-Phone's failure to file license renewal applications for Stations WRV927 and WXR916 prior to the expiration of the authorizations for the stations. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for
• http://www.fcc.gov/eb/Orders/da002665.doc http://www.fcc.gov/eb/Orders/da002665.html http://www.fcc.gov/eb/Orders/da002665.txt
  • (``Rules''). We conclude that Ford is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Ford's authorization for Public Mobile Radio Stations KNKM966, KNKM224, KNKL902, KNKO751 and KNKO274, expired on April 1, 1999. On March 7, 2000, Ford filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. Ford's waiver request indicates that Ford apparently operated paging facilities without authorization between April 1, 1999 and March 7, 2000. On April 20, 2000, the Commission granted Ford's waiver request and reinstated its authority to operate Stations KNKM966, KNKM224, KNKL902, KNKO751 and KNKO274. III. Discussion 3. Section 301 of the Act sets forth the general mandate
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  • of the Commission's Rules (``Rules''). We conclude that Page-Comm is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Page-Comm's authorization for Public Mobile Radio Station KPS323, expired on April 1, 1999. On January 5, 2000, Page-Comm filed an application for renewal of the authorization for that station and requested the waiver of Section 1.949 of the Commissions Rules. Page-Comm's waiver request indicates that Page-Comm apparently operated paging facilities without authorization between April 1, 1999 and January 5, 2000. On February 20, 2000, the Commission granted Page-Comm's waiver request and reinstated its authority to operate Station KPS323. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no person shall use
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  • Rules (``Rules''). We conclude that Ohio Bell is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Ohio Bell's authorization for Public Mobile Radio Station KQD612, expired on September 9, 1999. On December 14, 1999, Ohio Bell filed an application for renewal of the authorization for that station and requested the waiver of Section 1.949 of the Commissions Rules. Ohio Bell's waiver request indicates that Ohio Bell apparently operated paging facilities without authorization between September 9, 1999 and December 14, 1999. On February 20, 2000, the Commission granted Ohio Bell's waiver request and reinstated its authority to operate Station KQD612. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no
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  • conclude that Star Communications is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). Background 2. Star Communications' authorization for Public Mobile Radio Stations KNKC938, KNKJ977, KNKC272 and KNKC934, expired on April 1, 1999. On December 27, 1999, Star Communications filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. Star Communications' waiver request indicates that Star Communications apparently operated paging facilities without authorization between April 1, 1999 and December 27, 1999. On March 20, 2000, the Commission granted Star Communications' waiver request and reinstated its authority to operate Stations KNKC938, KNKJ977, KNKC272 and KNKC934. II. Discussion 3. Section 301 of the Act sets forth the
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  • ($6,000). Background 2. Commercial Radio's authorizations for the SMR stations expired on the dates indicated: WPFV467 (10/18/99), WPFV649 (10/21/99), WPFV705 (10/21/99), WPFV707 (10/21/99), WPFV709 (10/21/99), WPFV852 (10/21/99), WPFV924 (10/19/99), WPFV929 (10/20/99), WPFV961 (10/21/99), WPFV962 (10/21/99) and WPFU496 (10/11/99). On March 24, 2000, Commercial Radio filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. Commercial Radio's waiver request indicates that Commercial Radio apparently operated SMR stations without authorization between October, 1999 and March 24, 2000. On August 8, 2000, the Commission granted Commercial Radio's waiver request and reinstated its authority to operate the above mentioned SMR stations. II. Discussion 3. Section 301 of the Act sets forth the general mandate
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  • WPCA811 without a valid Commission authorization. We conclude that Checkpoint is apparently liable for a monetary forfeiture in the amount of five thousand dollars ($5,000). Background 2. Checkpoint's authorization for Paging Station WPCA811 expired on March 4, 1999. On December 16, 1999, Checkpoint filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. Checkpoint's waiver request indicates that it apparently operated its paging system without an authorization between March 4, 1999 and December 16, 1999. On April 3, 2000, the Commission granted Checkpoint's waiver request and reinstated its authority to operate Station WPCA811. III. Discussion 3. Section 301 of the Act sets forth the general mandate that no person shall
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  • KKB659 ) Pampa, Texas ) NAL/Acct. No. X20EF0008 MEMORANDUM OPINION AND ORDER Adopted: March 14, 2000 Released: March 15, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of two thousand dollars ($2,000) against Pampa Communications Center, Inc. (``Pampa'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The alleged violations involve late-filed license renewal applications. On November 4, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``WTB'') issued the referenced Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of two thousand dollars ($2,000) to Pampa for the alleged violations. Pampa
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  • St. Augustine and Jacksonville, Florida ) NAL/Acct. No. X20EF0009 MEMORANDUM OPINION AND ORDER Adopted: April 28, 2000 Released: May 1, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of three thousand dollars ($3,000) against Champion Services, Inc. (``Champion'') for willful violation of Section 1.949 of the Commission's Rules (``Rules''). The alleged violations involve late-filed license renewal applications. On November 4, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``WTB'') issued the referenced Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of three thousand dollars ($3,000) to Champion for the alleged violations. Champion