FCC Web Documents citing 90.135
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- administrative efficiency. Classification of Part 90 Frequency and/or Transmitter Site Deletions as Minor Modifications under Part 1 Section 1.929(c)(4) of the Commission's rules requires that certain requests for modification to a site-specific Part 90 authorization, including changes to the frequencies or locations of base stations, are considered major modifications to the license which require prior Commission approval. Pursuant to Section 90.135(b) of the rules, a site-specific Part 90 licensee that makes a modification request listed in Section 1.929(c)(4) must submit its request to the applicable frequency coordinator, unless the request falls within one of the specific exemptions listed in Section 90.175 of the rules. In the 2002 biennial review proceeding, the Cellular Telecommunications & Internet Association (CTIA) asks the Commission to
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- a Motion for Leave to File Petition for Reconsideration (''Motion'') of the Forfeiture Order issued on March 29, 2000, for the above-referenced NAL and dismiss the appended Petition for Reconsideration (``Petition''). In the Forfeiture Order we issued a monetary forfeiture in the amount of seven thousand dollars ($7,000) against Sunjet Car Service, Inc. (``Sunjet'') for willful violation of Sections 1.903, 90.135, and 90.425(a) of the Commission's Rules (``Rules''). 2. According to Sunjet, the post office did not deliver the certified mail copy of the Forfeiture Order to Sunjet's attorney, Robert S. Hammer, until April 17, 2000. Sunjet further asserts that Mr. Hammer was away from the United States on vacation from the evening of April 17, 2000, until May 5, 2000,
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- is distinguishable from another case involving Mobile Relay, where we concluded that an application received by the Commission after the filing deadline should not be dismissed as untimely, because the untimely filing was caused by PCIA, rather than Mobile Relay. Mobile Relay Associates, Inc., Order, 14 FCC Rcd 21119, 21121 4 (WTB PSPWD 1999). See 47 C.F.R. 1.947, 90.135. (continued....) Federal Communications Commission DA 00-1922 Federal Communications Commission DA 00-1922 @& 0 0 0 0 0 0
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- (10/11/00). Metro Machine of Philadelphia, Chester, PA. Philadelphia, PA District Office (10/13/00). City of Baltimore, Baltimore, MD, WNVP706. Columbia, MD District Office (10/27/00). 47 C.F.R. 1.929 - Classification of Filings As Major or Minor Pampphile J. Rosselle, d/b/a/ Phil's Pure Service, Northville, MI. Other violations: 47 C.F.R. 1.948 (Assignment of Authorization or Transfer of Control, Notification of Consummation), 90.135 (Modification of License), and 90.215 (Transmitter Measurements). Detroit, MI District Office (10/26/00). 47 C.F.R. 1.955 - Termination of Authorization Lyon Sand and Gravel Company, Wixom, MI. Detroit, MI District Office (10/26/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. 11.11 - The Emergency Alert System (EAS) Dilip Viswanath (K44FO, Dallas, TX), East Elmhurst, NY. Other violations:
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- Branch to PCIA, dated August 25, 1999. 47 C.F.R. 1.958 (1999) (currently 47 C.F.R. 1.934(c)). See Notice of Application Dismissal from Branch, to JSM, dated November 3, 1999. See Petition at 2-3. JSM provided a copy of its correspondence with PCIA on this issue as an attachment to its Petition. See Petition, Exhibit F. See 47 C.F.R. 90.135 and 47 C.F.R. 90.175. Petition at 2. Id. See Request for Review of the Universal Service Administrator by United Talmudical Academy, New York, Order, 15 FCC Rcd. 423, 431 15 (2000). See Mobile Relay Associates, Inc., Order on Reconsideration, 15 FCC Rcd. 18855, 18856 3 (WTB PSPWD 2000). (continued....) Federal Communications Commission DA 00-2673 Federal Communications Commission DA
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- Marzec must present affidavits or other relevant information establishing, by a preponderance of the evidence, that Power violated the Act or the Commission's rules. With respect to his affirmative defenses, Power bears an equal burden of demonstrating his claims by a preponderance of the evidence. Marzec alleges that Power has violated section 301 of the Act and sections 90.113 and 90.135 of the Commission's rules by conducting mobile operations in violation of the terms of his license. We find that Power has carried mobile traffic in violation of his license, and thereby violated the Act and the rules. Marzec alleges, and Power does not dispute, that the Power license does not currently authorize Power to operate mobile units. Nor does Power
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- No. EB-00-TS-016 Station WPKU901 ) Brooklyn, New York ) NAL/Acct. No. 015NY0001 FORFEITURE ORDER Adopted: March 28, 2000 Released: March 29, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) against Sunjet Car Service, Inc. (``Sunjet'') for willful violation of Sections 1.903, 90.135, and 90.425(a) of the Commission's Rules (``Rules''). The noted violations involve operation on an unauthorized frequency and failure to identify. On October 8, 1999, the Commission's New York, New York, Field Office issued the referenced Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of seven thousand dollars ($7,000) to Sunjet for the noted violations. Sunjet filed
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- a Notice of Apparent Liability for Forfeiture (``NAL'')8 in the amount of $20,000 to Battery on the basis of the monitoring that had been conducted on July 13, 16, 28 and 29, 1998. The NAL concluded that, on those dates, Battery had operated more than 17 mobile units on the frequency 808.7375 MHz, in apparent violation of Sections 90.113 and 90.135(a)(5) of the Commission's Rules9 and had not identified its communications, an apparent violation of Section 90.425(a) of the Commission's Rules.10 Battery filed a timely response to the NAL in which it sought reduction or rescission of the proposed forfeiture. On December 23, 1998, the WTB issued a Memorandum Opinion and Order11 rejecting Battery's request for reduction or rescission of the
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- that application is not controlling.'' ITA therefore asked that the Branch reinstate and process Greco's application. 6. On February 1, 1999, the Branch rejected ITA's arguments and dismissed Greco's application. On March 3, 1999, Greco filed a petition for reconsideration of the Branch's dismissal of its application and a request to initiate a proceeding to revoke Bergen's license. Citing Sections 90.135(a) and 90.175(e) of the Commission's Rules and ``established Commission policy in the acceptance and processing of applications requiring prior frequency coordination,'' Greco contends that APCO was required to ``request concurrence from ITA prior to coordinating the Police Department's applications'' because ``only ITA was authorized to coordinate a request to relocate the base stations and increase loading on a 470-512 MHz
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- not contain certification from the appropriate frequency coordinator'' it was ``defective on its face.'' On February 1, 1999, the Branch rejected ITA's arguments and dismissed Greco's application. In response, on March 3, 1999, Greco filed a petition for reconsideration of the Branch's dismissal of its application and a request to initiate a proceeding to revoke Bergen County's license. Citing Sections 90.135(a) and 90.175(e) of the Commission's Rules, Greco contended that APCO was required to ``request concurrence from ITA prior to coordinating'' NYPD's applications because ``only ITA was authorized to coordinate a request to relocate the base stations and increase loading on a 470-512 MHz Industrial Pool frequency.'' Greco also contended that APCO was required to ``notify ITA of their submission to
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- Adelphia Cable - Utica, Utica, NY. Buffalo, NY Resident Agent Office (6/27/01). Universal Cable Holdings, Tyler, Texas. New Orleans, LA District Office (6/27/01) 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.187 - Frequencies Rex Gray, Palmer, AK., aircraft N2472F. Anchorage, AK Resident Agent Office (6/18/01). 47 C.F.R. Part 90 -Private Land Mobile Radio Services 47 C.F.R. 90.135 - Modification of License Erie Metropolitan Transit Authority, Erie, PA. Buffalo, NY Resident Agent Office (6/27/01). 47 C.F.R. 90.403 - General Operating Requirements Tastykake Baking Company, Philadelphia, PA Other violation: 47 C.F.R. 90.425 (Station Identification). Philadelphia, PA District Office (6/7/01). County of Erie, Buffalo, New York. Buffalo, NY Resident Agent Office (6/13/01). 47 C.F.R. 90.417 - Interstate
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- Division (Branch). For the reasons set forth below, we dismiss the petition for reconsideration. Background. On June 15, 2000, Birmingham Southeast submitted an application requesting mobile frequencies 72.48 MHz and 72.56 MHz at one location in the Jackson, Mississippi area. On August 28, 2000, the Branch dismissed Birmingham Southeast's application because the application lacked frequency coordination as required by Sections 90.135 and 90.175 of the Commission's Rules. On September 14, 2000, Birmingham Southeast refiled its application, again without frequency coordination. The application requested a new frequency assignment of mobile frequencies 72.48 MHz and 72.56 MHz. The application indicated that the station class was fixed. The Branch returned the application for correction of the station class and frequency coordination on September 25,
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- Unauthorized Transmissions Charters Northwest, Inc., Friday Harbor, WA. Seattle, WA District Office (9/21/01). American Marine Corp., Terminal Island, CA. Honolulu, HI Resident Agent Office (9/28/01). 47 C.F.R. 80.927 Antenna Radio Frequency Indicator Crusin 1, Sea Isle City, NJ. Philadelphia, PA District Office (9/20/01). 47 C.F.R. Part 90 Private Land Mobile Radio Services 47 C.F.R. 90.135 Modification of License Taylor Road Supply Co., Inc., Westerville, OH. Detroit, MI District Office (9/21/01). 47 C.F.R. 90.403 General Operating Requirements 7 Entranco Engineers, Inc., Bellevue, WA. Seattle, WA District Office (9/21/01). 47 C.F.R. Part 95 Personal Radio Services 47 C.F.R. 95.411 (CB Rule 11) May I Use Power Amplifiers? Orlin Keith
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- Marzec Petition). Letter from Terry Fishel, Deputy Chief, Licensing and Technical Analysis Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, to Delaney M. DiStefano, Esq., and Russell Taylor, Esq., dated December 3, 1999 (Licensing Branch Letter). Petition for Reconsideration, filed January 3, 2000 (Power Petition). Licensing Branch Letter at 1. 47 CFR 90.633. 47 CFR 90.633(b). 47 CFR 90.135(a)(5) (1991). SMR licensees could provide service to licensed third party end-users, whose mobiles then counted towards the licensee's loading of the channel. The end-user licensing rules, which were applicable to SMR General Category licensees, no longer apply to SMR licensees in the 800 MHz band. See In the Matter of Part 90 of the Commission's Rules to Eliminate Separate Licensing
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- Ship Inspections Alaska Heritage Tours, Inc., Valdez, Alaska. Other violation: 47 C.F.R. 80.903 (Inspection of Radiotelephone Installation). Anchorage, AK Resident Agent Office (1/10/01). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.187 - Frequencies Robert Hubbard, Anchorage, AK. Anchorage, AK Resident Agent Office (1/17/01). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. 90.135 - Modification of License Adam Polelowski (WPPG399), Buffalo, NY. Other violation: 47 C.F.R. 90.425 (Station Identification). Buffalo, NY Resident Agent Office (1/18/01). 47 C.F.R. 90.157 - Discontinuance of Station Operation Light Towing (WPKG217), Buffalo, NY. Buffalo, NY Resident Agent Office (1/18/01). 47 C.F.R. 90.403 - General Operating Requirements Liberty Communications, Inc., Buffalo, NY. Buffalo, NY Resident Agent
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- 0000519191, 0000519193, and 0000583106 at waiver attachment. See Response at 1 citing 47 C.F.R. 90.273. Because the construction of Stations WPQC503, WPNP688, WPKA269, WPLS641, and WPMS522 at a location other than that authorized constitutes a major modification to the Midport and GRH authorizations, a license modification application requesting prior Commission authority was required. See 47 C.F.R. 1.929(c)(4)(v), 1.947, 90.135, 90.164 (1998). Additionally, such applications must also be accompanied by a request for waiver of Section 90.273(c)'s fifty-mile limitation. See 47 C.F.R. 1.925, 90.151 (1998). The Commission's licensing records indicate that Midport withdrew an application concerning Station WPQF373 that it filed on September 14, 2001 and subsequently filed a modification application on September 17, 2001. See FCC File Nos.
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- MD. Columbia, MD District Office (12/7/01). Comcast Cablevision of Michigan, Troy, MI. Detroit, MI District Office (12/7/01). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.139 - Emission Limitations Black River Area Airport Commission, WRLB2487, Black River Falls, WI. San Paul, MN Resident Agent Office (12/31/01). 47 C.F.R. Part 90 -Private Land Mobile Radio Services 47 C.F.R. 90.135 - Modification of License Hilltop Communications, WPSM229, Rochester, MN. San Paul, MN Resident Agent Office (12/14/01). 47 C.F.R. 90.403 - General Operating Requirements William Quimby, WPKZ505, Ipswich, MA. Boston, MA District Office (12/21/01). 47 C.F.R. 90.441 - Inspection and Maintenance of Antenna Structure Marking and Associated Control Equipment MCI Worldcom Network Services, Inc., Washington, DC. Kansas City, MO
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- to promote flexibility to radio users in meeting their communications needs where communications are used as a tool for businesses to provide their products and services more economically. Legal Basis: Secs. 4, 303; 48 Stat., as amended 1066, 1082; 47 U.S.C. 154, 303. Section Number and Title: SUBPART G - APPLICATIONS AND AUTHORIZATIONS 90.127 Submission and filing of applications. 90.135 Modification of license. SUBPART J - NON-VOICE AND OTHER SPECIALIZED OPERATIONS 90.235 Secondary fixed signaling operations. SUBPART K - STANDARDS FOR SPECIAL FREQUENCIES OR FREQUENCY BANDS 90.257 Assignment and use of frequencies in the band 72-76 MHz. SUBPART L - AUTHORIZING IN THE BAND 470-512 MHz (UHF-TV SHARING) Fixed ancillary signaling and data transmissions. SUBPART S - REGULATIONS GOVERNING LICENSING
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- Memorandum Opinion and Order released by the Public Safety and Private Wireless Division (Division) on May 31, 2001. In the MO&O, the Division decided that the application by CIBRO Petroleum Corporation (CIBRO) and the New York Police Department (NYPD) to concurrently assign and modify the license to operate frequency pair 477/480.5125 MHz on Station WIL489 was properly coordinated under Sections 90.135(a) and 90.175(e) of the Commission's Rules. Consequently, the Division dismissed Greco's competing application to operate on the same frequency pair, 477/480.5125 MHz. For the reasons set forth below, we deny Greco's Petition. background The background of this proceeding has been discussed extensively in the Order on Reconsideration and Order of Modification and the MO&O. In the Modification Order, we proposed
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- was in fact within its contour area. See 10, supra. Additionally, Horizon has provided no persuasive evidence that it was acting in good faith to reduce interference concerns. See 8, supra. 1999 WL 528263; DA 99-1456, released July 26, 1999 (Dir., Legal Svcs Group CIB) (``Graytop Cab.'') 15 FCC Rcd 13590 (Enf. Bureau 2000) (``Arvada.'') 47 C.F.R. 90.135 15 FCC Rcd. 5811 (Enf. Bureau 2000), recon denied 15 FCC Rcd. 24314 (2000) (``Colorado Small Business Development.'') See 8, supra. See 47 C.F.R. 1.951. Policy Statement; 47 C.F.R. 1.80. See Central Illinois Public Service Company, 15 FCC Rcd 1750 (1999) (``CIPS''). Horizon's Response at 5. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies
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- was in fact within its contour area. See 10, supra. Additionally, Horizon has provided no persuasive evidence that it was acting in good faith to reduce interference concerns. See 8, supra. 1999 WL 528263; DA 99-1456, released July 26, 1999 (Dir., Legal Svcs Group CIB) (``Graytop Cab.'') 15 FCC Rcd 13590 (Enf. Bureau 2000) (``Arvada.'') 47 C.F.R. 90.135 15 FCC Rcd. 5811 (Enf. Bureau 2000), recon denied 15 FCC Rcd. 24314 (2000) (``Colorado Small Business Development.'') See 8, supra. See 47 C.F.R. 1.951. Policy Statement; 47 C.F.R. 1.80. See Central Illinois Public Service Company, 15 FCC Rcd 1750 (1999) (``CIPS''). Horizon's Response at 5. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies
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- is ``repeated'' if it continues for more than one day. The Conference Report for Section 312(f)(2) indicates that Congress intended to apply this definition to Section 503 of the Act as well as Section 312. See H.R. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, at 4388. The Commission's Rules applicable to Statcom's operation, 47 C.F.R. 90.135(b) and 90.175, require frequency coordination for modification of a license's location coordinates for a constructed transmitter tower, prior to relocation of the tower. In order to operate from the Parkview House site, Statcom was required to obtain a license authorizing operation from the coordinates for the Parkview House site. Statcom states that prior to the move it contacted its licensing
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- Electric Company, Memorandum Opinion and Order, 13 FCC Rcd 22761, 22768 16 (2003) (``Section 316 modification should be undertaken only under . . . limited and unusual cases''). See Request for Reinstatement and Cancellation at 7-11. DART believes that the Commission processor should not have deleted the frequency from the authorization without the requisite prior frequency coordination, because Section 90.135 of the Commission's Rules required licensees to submit to the applicable frequency coordinator any application for modification for any change listed in 47 C.F.R. 1.929(c)(4) and 90.621(a)(1)(ii). See 47 C.F.R. 90.135. DART also argues that it should have been clear that it did not intend to delete the frequency because the deletion resulted in an authorization for mobile
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- frequency coordination.'' In your email of June 27, 2011, you reiterated the facts submitted on March 14, 2011, and also sought reconsideration of the Division's grant-in-part of the license, asking for ``a full granted status of this call sign without the need for frequency coordination.'' The Division did not err when it granted in part Texas' application for renewal/modification. Section 90.135(b) of the Commission's rules requires that ``[u]nless specifically exempted in 90.175, licensees must submit a Form 601 application for modification to the applicable frequency coordinator for any change listed in 1.929(c)(4) of this chapter.'' Section 1.929(c)(4)(v) of the Commission's rules includes ``[c]hanges in the authorized location ... of base stations.'' Because a change in the licensed coordinates for
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- to migrate to 12.5 kHz technology by January 1, 2013); see also 47 C.F.R. 90.209(b)(5). Part 90 Second Report and Order, 25 FCC Rcd at 2482 7. See 47 C.F.R. 90.175(j)(20) (effective May 14, 2010; see 75 FR 19277, 19284 7 (2010)). Petition at 1. Id. at 2. Id. Id. Id. Id. Id. 47 C.F.R. 90.135(b) requires licensees to submit a Form 601 application for modification to the applicable frequency coordinator for any change listed in 47 C.F.R. 1.929(c)(4). (continued....) Federal Communications Commission DA 12-698 Federal Communications Commission DA 12-698 F G 0 < B ' d
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- cause congestion that would harm CSAA's co-channel operations in the Salt Lake City area. CSAA argued that its operations should be protected from interference because impairing its operations was contrary to the public interest, and because the Balanced Budget Act of 1997 mandated such protection. Finally, CSAA contended that authorizing Landlinx to use twenty frequencies would be inconsistent with Section 90.135(e) of the Commission's Rules, which provides, ``Normally only one frequency . . . will be assigned for mobile service operations by a single applicant in a given area. The assignment of an additional frequency . . . will be made only upon a satisfactory showing of need . . . .'' In consideration of CSAA's objection, the Branch returned the
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- Part 90 licensees. Furthermore, we are confident that our recent adoption of the Universal Licensing System (ULS) rules and implementation of a comprehensive electronic filing system for wireless applications will make it easier for users to provide necessary updates and thus encourage users to notify us of any changes (as currently required). We remind licensees of their obligations under Section 90.135 of the Commission's Rules and we will take appropriate action against licensees that do not comply with that rule. We therefore adopt our proposal to amend Section 90.149(a) to provide that licenses for stations authorized under Part 90 will be issued for a term not to exceed ten years from the date of initial issuance or renewal. Accordingly, upon grant
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- owned Texas Utilities company [sic]." See ENSERCH Response, Exhibit 6. Perry stated in his letter that the Commission should contact him or Upperman for further information. By letter, dated February 20, 1998, the Commission's staff informed Mr. Upperman: Your name change indicates a possible change in ownership, corporate structure, or control, which would require a modification as defined in Rule 90.135. If ownership, corporate structure, or control has changed, you must file FCC Forms 600 and 1046, or FCC Form 490 or FCC Form 703 as appropriate. See letter dated February 20, 1998 from Informal Complaints & Public Inquiry Branch, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau, to Robert E. Upperman (ENSERCH Response, Exhibit 8). Robert B. Morris, a senior
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- General Category system that is non-operational for more than a year is deemed to have permanently discontinued operations, which results in automatic cancellation of the license. Moreover, in order to be considered ``operational,'' the system must have at least one associated mobile operating on the channel. In this case, Nationwide never obtained an authorization for mobiles as required by section 90.135(a)(5). Subsequently, J&K obtained exclusive rights to the channel by loading it with 70 mobiles, which precluded Nationwide from further operation. The result in this case is consistent with that of Abraham Communications, Inc., in which we upheld the cancellation of a conventional SMR license for non-operation because the licensee failed to license any of the end users on its system
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- transfer of control matter to the Enforcement Bureau to determine what action, if any, is appropriate. Finally, there is no dispute regarding Kay's allegations that SLTHS failed to comply with our frequency coordination rules. The Branch denied SLTHS's request for additional mobiles because the application for license modification was not first submitted to the applicable frequency coordinator pursuant to Sections 90.135 and 90.175 of the Commission's Rules. SLTHS also failed to comply with Section 90.313(b) of the Commission's Rules, which requires that licensees operating on a shared channel who seek an increase in authorized mobiles submit a signed statement by all those sharing the channel agreeing to the increase. The appropriate administrative action in light of the failure to properly coordinate
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-139A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-139A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-139A1.txt
- General Category system that is non-operational for more than a year is deemed to have permanently discontinued operations, which results in automatic cancellation of the license. Moreover, in order to be considered ``operational,'' the system must have at least one associated mobile operating on the channel. In this case, Thompson never obtained an authorization for mobiles as required by section 90.135(a)(5). Subsequently, Kay obtained exclusive rights to the channel by loading it with 70 mobiles. This precluded Thompson from any further operation on the channel, regardless of whether such operation was by mobiles listed as associated with the station or by roamers. Because Thompson was required to permanently discontinue its operations, we conclude that its authorization automatically cancelled. The result in
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- or civil action, such as forfeiture. See United States v. Balsys, 524 U.S. 666, 671 (1998). Thus, Kay had no basis to request immunity against forfeiture. 46. We reject Kay's suggestion, apparently endorsed by the ALJ, that licensees of the channels in question here are not required to track the loading on their facilities. The provisions of 47 C.F.R. 90.135(a)(5) (1994), in effect at the time, specified that: (a) The following changes in authorized stations require an application for modification of license: . . . . (5) . . . for systems operating on non-exclusive assignments in the 470-512 MHz, 800 MHz or 900 MHz bands, a change in the number of mobile transmitters . . . . 47. In
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- 1, 1999) (1999 Order). Finder's Preference Request (filed Oct. 26, 1993). Request at 1 (citing 47 C.F.R. 90.157, 90.633 (1993)). 1999 Order, 2-3. Id. 2. Id. 5. Id. 6. Id. Calumet had not previously notified the Commission of any change of control point location, as our Rules required. Id. 14 (citing 47 U.S.C. 90.135(a)(5), (e) (1993)). Id. 7, 9, 13. See Letter from William H. Kellet, Federal Communications Commission, to Robert Barcal, President of Veracon (dated June 15, 1994). Id. at 1. Petition for Reconsideration at 2, 4-6 (filed July 15, 1994). 1999 Order, 16. Id. Application for Review at 2. See Amendment of Parts 1 and 90 of the Commission's Rules
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- administrative efficiency. Classification of Part 90 Frequency and/or Transmitter Site Deletions as Minor Modifications under Part 1 Section 1.929(c)(4) of the Commission's rules requires that certain requests for modification to a site-specific Part 90 authorization, including changes to the frequencies or locations of base stations, are considered major modifications to the license which require prior Commission approval. Pursuant to Section 90.135(b) of the rules, a site-specific Part 90 licensee that makes a modification request listed in Section 1.929(c)(4) must submit its request to the applicable frequency coordinator, unless the request falls within one of the specific exemptions listed in Section 90.175 of the rules. In the 2002 biennial review proceeding, the Cellular Telecommunications & Internet Association (CTIA) asks the Commission to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1.txt
- appropriate. Classification of Part 90 Frequency and/or Transmitter Site Deletions as Minor Modifications under Part 1 Background. Section 1.929(c)(4) of the Commission's rules requires that certain requests for modification to a site-specific Part 90 authorization, including changes to the frequencies or locations of base stations, are considered major modifications to the license which require prior Commission approval. Pursuant to Section 90.135(b) of the rules, a site-specific Part 90 licensee that makes a modification request listed in Section 1.929(c)(4) must submit its request to the applicable frequency coordinator, unless the request falls within one of the specific exemptions listed in Section 90.175 of the rules. The Commission tentatively concluded that a request to delete a frequency or a site from a multi-site
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1_Erratum.doc
- appropriate. Classification of Part 90 Frequency and/or Transmitter Site Deletions as Minor Modifications under Part 1 Background. Section 1.929(c)(4) of the Commission's rules requires that certain requests for modification to a site-specific Part 90 authorization, including changes to the frequencies or locations of base stations, are considered major modifications to the license which require prior Commission approval. Pursuant to Section 90.135(b) of the rules, a site-specific Part 90 licensee that makes a modification request listed in Section 1.929(c)(4) must submit its request to the applicable frequency coordinator, unless the request falls within one of the specific exemptions listed in Section 90.175 of the rules. The Commission tentatively concluded that a request to delete a frequency or a site from a multi-site
- 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
- filing of pleadings in docketed proceedings. We seek comment on this proposal. We also seek comment on whether we should permit 44 45 Federal Communications Commission FCC 98-25 For example, letter filings are now permitted in Parts 80, 87, 90, and 95 in the following circumstances: 46 section 80.29 (mailing address and name change-written notice), section 87.21 (name changes), section 90.135(d) and (e) (name, ownership and other changes), and sections 95.103, 95.107(d) and (e), 95.117 (name changes, status changes for nonindividual general mobile radio service (GMRS) licensees, to determine if transmitters are type accepted and other actions in 95.117, and section 97.29 (replacement license). Part 101.9 permits letter filing where no forms exist. Section 1.931(a), entitled "Application for special temporary authorization,
- http://transition.fcc.gov/eb/Orders/2004/DA-04-3551A1.html
- was in fact within its contour area. See 10, supra. Additionally, Horizon has provided no persuasive evidence that it was acting in good faith to reduce interference concerns. See 8, supra. 18 1999 WL 528263; DA 99-1456, released July 26, 1999 (Dir., Legal Svcs Group CIB) (``Graytop Cab.'') 19 15 FCC Rcd 13590 (Enf. Bureau 2000) (``Arvada.'') 20 47 C.F.R. 90.135 21 15 FCC Rcd. 5811 (Enf. Bureau 2000), recon denied 15 FCC Rcd. 24314 (2000) (``Colorado Small Business Development.'') 22 See 8, supra. 23 See 47 C.F.R. 1.951. 24 Policy Statement; 47 C.F.R. 1.80. 25 See Central Illinois Public Service Company, 15 FCC Rcd 1750 (1999) (``CIPS''). 26 Horizon's Response at 5. 27 Section 312(f)(1) of the Act, 47 U.S.C.
- http://transition.fcc.gov/eb/Orders/2005/DA-05-163A1.html
- is ``repeated'' if it continues for more than one day. The Conference Report for Section 312(f)(2) indicates that Congress intended to apply this definition to Section 503 of the Act as well as Section 312. See H.R. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, at 4388. 12 The Commission's Rules applicable to Statcom's operation, 47 C.F.R. 90.135(b) and 90.175, require frequency coordination for modification of a license's location coordinates for a constructed transmitter tower, prior to relocation of the tower. In order to operate from the Parkview House site, Statcom was required to obtain a license authorizing operation from the coordinates for the Parkview House site. 13 Statcom states that prior to the move it contacted its
- http://transition.fcc.gov/eb/Orders/da001443.doc http://transition.fcc.gov/eb/Orders/da001443.txt
- a Motion for Leave to File Petition for Reconsideration (''Motion'') of the Forfeiture Order issued on March 29, 2000, for the above-referenced NAL and dismiss the appended Petition for Reconsideration (``Petition''). In the Forfeiture Order we issued a monetary forfeiture in the amount of seven thousand dollars ($7,000) against Sunjet Car Service, Inc. (``Sunjet'') for willful violation of Sections 1.903, 90.135, and 90.425(a) of the Commission's Rules (``Rules''). 2. According to Sunjet, the post office did not deliver the certified mail copy of the Forfeiture Order to Sunjet's attorney, Robert S. Hammer, until April 17, 2000. Sunjet further asserts that Mr. Hammer was away from the United States on vacation from the evening of April 17, 2000, until May 5, 2000,
- http://transition.fcc.gov/eb/Orders/da00696.doc http://transition.fcc.gov/eb/Orders/da00696.html http://transition.fcc.gov/eb/Orders/da00696.txt
- No. EB-00-TS-016 Station WPKU901 ) Brooklyn, New York ) NAL/Acct. No. 015NY0001 FORFEITURE ORDER Adopted: March 28, 2000 Released: March 29, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) against Sunjet Car Service, Inc. (``Sunjet'') for willful violation of Sections 1.903, 90.135, and 90.425(a) of the Commission's Rules (``Rules''). The noted violations involve operation on an unauthorized frequency and failure to identify. On October 8, 1999, the Commission's New York, New York, Field Office issued the referenced Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of seven thousand dollars ($7,000) to Sunjet for the noted violations. Sunjet filed
- http://transition.fcc.gov/eb/Orders/fcc00268.doc http://transition.fcc.gov/eb/Orders/fcc00268.txt
- owned Texas Utilities company [sic]." See ENSERCH Response, Exhibit 6. Perry stated in his letter that the Commission should contact him or Upperman for further information. By letter, dated February 20, 1998, the Commission's staff informed Mr. Upperman: Your name change indicates a possible change in ownership, corporate structure, or control, which would require a modification as defined in Rule 90.135. If ownership, corporate structure, or control has changed, you must file FCC Forms 600 and 1046, or FCC Form 490 or FCC Form 703 as appropriate. See letter dated February 20, 1998 from Informal Complaints & Public Inquiry Branch, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau, to Robert E. Upperman (ENSERCH Response, Exhibit 8). Robert B. Morris, a senior
- http://transition.fcc.gov/eb/Public_Notices/DA-02-197A1.html
- MD. Columbia, MD District Office (12/7/01). * Comcast Cablevision of Michigan, Troy, MI. Detroit, MI District Office (12/7/01). 47 C.F.R. Part 87 Aviation Services * 47 C.F.R. 87.139 Emission Limitations * Black River Area Airport Commission, WRLB2487, Black River Falls, WI. San Paul, MN Resident Agent Office (12/31/01). 47 C.F.R. Part 90 Private Land Mobile Radio Services * 47 C.F.R. 90.135 Modification of License * Hilltop Communications, WPSM229, Rochester, MN. San Paul, MN Resident Agent Office (12/14/01). * 47 C.F.R. 90.403 General Operating Requirements * William Quimby, WPKZ505, Ipswich, MA. Boston, MA District Office (12/21/01). * 47 C.F.R. 90.441 Inspection and Maintenance of Antenna Structure Marking and Associated Control Equipment * MCI Worldcom Network Services, Inc., Washington, DC. Kansas City, MO
- http://transition.fcc.gov/eb/Public_Notices/da001683.doc http://transition.fcc.gov/eb/Public_Notices/da001683.html
- Radiotelephone Installation). Columbia, MD District Office (6/6/00). 47 C.F.R. 80.911 - VHF Transmitter Nautilus Sub Sea Adventures, Inc., Honolulu, HI. Honolulu, HI Resident Agent Office (6/1/00). 47 C.F.R. 80.927 - Antenna Radio Frequency Indicator Clipper City, Inc., Baltimore, MD, WAX4066. Columbia, MD District Office (6/2/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. 90.135 - Modification of License Diamond Cab Company, Saint Paul, MN. Other violation: 47 C.F.R. 90.425 (Station Identification). St. Paul, MN Resident Agent Office (6/6/00). 47 C.F.R. 90.157 - Discontinuance of Station Operation Malden Mills Industries, Inc., WNYE717, Lawrence, MA. Boston, MA District Office (6/9/00). Intouch Communications, WPJZ438, Warwick, RI. Boston, MA District Office (6/19/00). Northeast Communications Systems, WNNL347,
- http://transition.fcc.gov/eb/Public_Notices/da002635.doc http://transition.fcc.gov/eb/Public_Notices/da002635.html
- (10/11/00). Metro Machine of Philadelphia, Chester, PA. Philadelphia, PA District Office (10/13/00). City of Baltimore, Baltimore, MD, WNVP706. Columbia, MD District Office (10/27/00). 47 C.F.R. 1.929 - Classification of Filings As Major or Minor Pampphile J. Rosselle, d/b/a/ Phil's Pure Service, Northville, MI. Other violations: 47 C.F.R. 1.948 (Assignment of Authorization or Transfer of Control, Notification of Consummation), 90.135 (Modification of License), and 90.215 (Transmitter Measurements). Detroit, MI District Office (10/26/00). 47 C.F.R. 1.955 - Termination of Authorization Lyon Sand and Gravel Company, Wixom, MI. Detroit, MI District Office (10/26/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. 11.11 - The Emergency Alert System (EAS) Dilip Viswanath (K44FO, Dallas, TX), East Elmhurst, NY. Other violations:
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- Office (3/21/00). American Media, Greenwood, NE. Kansas City, MO Office (3/24/00). Galaxy Cable, Bennet, NE. Kansas City, MO Office (3/28/00). 47 C.F.R. Part 80 (Stations in the Maritime Service) 47 C.F.R. 80.89 (Unauthorized Transmissions) Pete Arrobio. Honolulu, HI Office (3/20/00). WJG Maritel Corporation. Honolulu, HI Office (3/24/00). 47 C.F.R. Part 90 (Private Land Mobile Services Rules) 47 C.F.R. 90.135 (Modification of License) New Style Car & Limo Incorporated, WPNS-568, Yonkers, NY. NOV also issued for violation of 47 C.F.R. 90.425(a). New York, NY Office (3/2/00). Safe Travel, Inc., Chicago, IL. Chicago, IL Office (3/21/00). Comcast Cablevision of Mercer County, Inc., KLY633, Upper Merion, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. 90.157 (Discontinuance of Station Operation) Dudlik Construction
- http://transition.fcc.gov/eb/Public_Notices/da011756.doc http://transition.fcc.gov/eb/Public_Notices/da011756.html
- Adelphia Cable - Utica, Utica, NY. Buffalo, NY Resident Agent Office (6/27/01). Universal Cable Holdings, Tyler, Texas. New Orleans, LA District Office (6/27/01) 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.187 - Frequencies Rex Gray, Palmer, AK., aircraft N2472F. Anchorage, AK Resident Agent Office (6/18/01). 47 C.F.R. Part 90 -Private Land Mobile Radio Services 47 C.F.R. 90.135 - Modification of License Erie Metropolitan Transit Authority, Erie, PA. Buffalo, NY Resident Agent Office (6/27/01). 47 C.F.R. 90.403 - General Operating Requirements Tastykake Baking Company, Philadelphia, PA Other violation: 47 C.F.R. 90.425 (Station Identification). Philadelphia, PA District Office (6/7/01). County of Erie, Buffalo, New York. Buffalo, NY Resident Agent Office (6/13/01). 47 C.F.R. 90.417 - Interstate
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- 80.89 Unauthorized Transmissions * Charters Northwest, Inc., Friday Harbor, WA. Seattle, WA District Office (9/21/01). * American Marine Corp., Terminal Island, CA. Honolulu, HI Resident Agent Office (9/28/01). * 47 C.F.R. 80.927 Antenna Radio Frequency Indicator * Crusin 1, Sea Isle City, NJ. Philadelphia, PA District Office (9/20/01). 47 C.F.R. Part 90 Private Land Mobile Radio Services * 47 C.F.R. 90.135 Modification of License * Taylor Road Supply Co., Inc., Westerville, OH. Detroit, MI District Office (9/21/01). * 47 C.F.R. 90.403 General Operating Requirements * Entranco Engineers, Inc., Bellevue, WA. Seattle, WA District Office (9/21/01). 47 C.F.R. Part 95 Personal Radio Services * 47 C.F.R. 95.411 (CB Rule 11) May I Use Power Amplifiers? * Orlin Keith Watson, Patterson, NC. Norfolk,
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- Ship Inspections Alaska Heritage Tours, Inc., Valdez, Alaska. Other violation: 47 C.F.R. 80.903 (Inspection of Radiotelephone Installation). Anchorage, AK Resident Agent Office (1/10/01). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.187 - Frequencies Robert Hubbard, Anchorage, AK. Anchorage, AK Resident Agent Office (1/17/01). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. 90.135 - Modification of License Adam Polelowski (WPPG399), Buffalo, NY. Other violation: 47 C.F.R. 90.425 (Station Identification). Buffalo, NY Resident Agent Office (1/18/01). 47 C.F.R. 90.157 - Discontinuance of Station Operation Light Towing (WPKG217), Buffalo, NY. Buffalo, NY Resident Agent Office (1/18/01). 47 C.F.R. 90.403 - General Operating Requirements Liberty Communications, Inc., Buffalo, NY. Buffalo, NY Resident Agent
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- a commercial basis, or to provide service to individuals, would only exacerbate this spectrum congestion. M. TechxiicalIssu~ 87,- In the J+Jotie, we proposed a number of technical requimments for LMS systems to minhmxe the possibility of both co-chan~l and adjacent-channel interference and we proposed that equipment be type accepted to ensure compliance with these standards.The luz !& 47 C.F.R. 0 90.135(a). *US &g Notice of Proposed Rule Making, PR Dccket No. 9%235,7 FCC- 8105 (1992). 4738 following technical criteija will be applied to licensees of LMS systems.Our proposals, commenters' responses, and our decisions are discussed below. 88. Type Acceptance. We proposed that LMS equipment be required to be type accep&~L~~ This proposal was supported by Teletrac, MobileVision, SBMS, Mark IV, and
- http://wireless.fcc.gov/auctions/21/releases/lmsbp_g.pdf
- a commercial basis, or to provide service to individuals, would only exacerbate this spectrum congestion. M. TechxiicalIssu~ 87,- In the J+Jotie, we proposed a number of technical requimments for LMS systems to minhmxe the possibility of both co-chan~l and adjacent-channel interference and we proposed that equipment be type accepted to ensure compliance with these standards.The luz !& 47 C.F.R. 0 90.135(a). *US &g Notice of Proposed Rule Making, PR Dccket No. 9%235,7 FCC- 8105 (1992). 4738 following technical criteija will be applied to licensees of LMS systems.Our proposals, commenters' responses, and our decisions are discussed below. 88. Type Acceptance. We proposed that LMS equipment be required to be type accep&~L~~ This proposal was supported by Teletrac, MobileVision, SBMS, Mark IV, and
- http://wireless.fcc.gov/auctions/46/releases/fc020152.pdf http://wireless.fcc.gov/auctions/46/releases/fc020152.txt
- operational fixed. 55. ***** ***** ***** ***** The 1432 to 1435 MHz band is removed from the Industrial/Business Pool frequency table. 46. Section 90.175 is amended as follows: 90.175 Frequency Coordinator Requirements. Except for applications listed in paragraph (j) of this section, each application for a new frequency assignment, for a change in existing facilities as listed in 90.135(a), or for operation at temporary locations in accordance with 90.137 must include a showing of frequency coordination as set forth below. (a) Frequency coordinators may request, and applicants are required to provide, all appropriate technical information, system requirements, and justification for requested station parameters when such information is necessary to identify and recommend the most appropriate frequency. Additionally, applicants
- http://wireless.fcc.gov/uls/ebf/special_cond_code21.pdf http://wireless.fcc.gov/uls/ebf/special_cond_code21.txt
- 1070|LP|This authorization is granted subject to the condition that no harmful interference is caused to co-channel Mexican stations. Furthermore, this authorization is conditioned on compliance with any current or future sharing arrangements, agreements, or tre|aties between the United States and Mexico.||||P 1071|LP|The application has been granted-in-part for renewal only. The changes requested require an application for modification pursuant to Rule 90.135.|||||P 1072|MW|OPERATION ON FREQUENCIES WHICH ARE WITHIN OR OVERLAP THE FREQUENCY BAND 10600-10680 MHZ IS PROHIBITED WITHIN ANY OF THE REGIONS DEFINED IN SECTION 101.31(B)(VI).||||| 1073|MW|OPERATION ON FREQUENCIES WHICH ARE WITHIN OR OVERLAP THE FREQUENCY BAND 17800-19700 MHZ IS PROHIBITED WITHIN ANY OF THE COORDINATION OR EXCLUSION ZONES DEFINED IN SECTION 1.924(E) FOR GOVERNMENT SATELLITE EARTH STATIONS.||||| 1074|LP|Authorization for stations in
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- of the Report and Order, the Bureau waives Sections 24.406, 24.409, 24.413, 24.707, 24.806, 24.809, 27.304,and 27.324 of the Commission's rules to the extent that they require the filing of Form 600 for PCS and WCS applicants, Section 101.1015 of the Commission's rules to the extent that it requires the filing of Form 600 for LMDS applicants, and Sections 90.119, 90.135, 90.167, 90.963, and 90.1013 to the extent that they require the filing of Form 600 for SMR applicants. The Bureau further waives Sections 22.809, 24.409, 24.443, 24.444, 24.843 and 24.844 of the Commission's rules to the extent that they require the filing of Form 489, Sections 24.411, 24.811 and 27.306 to the extent that they require the filing of Form
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000419.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000419.txt
- Marzec must present affidavits or other relevant information establishing, by a preponderance of the evidence, that Power violated the Act or the Commission's rules. With respect to his affirmative defenses, Power bears an equal burden of demonstrating his claims by a preponderance of the evidence. Marzec alleges that Power has violated section 301 of the Act and sections 90.113 and 90.135 of the Commission's rules by conducting mobile operations in violation of the terms of his license. We find that Power has carried mobile traffic in violation of his license, and thereby violated the Act and the rules. Marzec alleges, and Power does not dispute, that the Power license does not currently authorize Power to operate mobile units. Nor does Power
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000696.doc
- No. EB-00-TS-016 Station WPKU901 ) Brooklyn, New York ) NAL/Acct. No. 015NY0001 FORFEITURE ORDER Adopted: March 28, 2000 Released: March 29, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) against Sunjet Car Service, Inc. (``Sunjet'') for willful violation of Sections 1.903, 90.135, and 90.425(a) of the Commission's Rules (``Rules''). The noted violations involve operation on an unauthorized frequency and failure to identify. On October 8, 1999, the Commission's New York, New York, Field Office issued the referenced Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of seven thousand dollars ($7,000) to Sunjet for the noted violations. Sunjet filed
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000814.doc
- Office (3/21/00). American Media, Greenwood, NE. Kansas City, MO Office (3/24/00). Galaxy Cable, Bennet, NE. Kansas City, MO Office (3/28/00). 47 C.F.R. Part 80 (Stations in the Maritime Service) 47 C.F.R. 80.89 (Unauthorized Transmissions) Pete Arrobio. Honolulu, HI Office (3/20/00). WJG Maritel Corporation. Honolulu, HI Office (3/24/00). 47 C.F.R. Part 90 (Private Land Mobile Services Rules) 47 C.F.R. 90.135 (Modification of License) New Style Car & Limo Incorporated, WPNS-568, Yonkers, NY. NOV also issued for violation of 47 C.F.R. 90.425(a). New York, NY Office (3/2/00). Safe Travel, Inc., Chicago, IL. Chicago, IL Office (3/21/00). Comcast Cablevision of Mercer County, Inc., KLY633, Upper Merion, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. 90.157 (Discontinuance of Station Operation) Dudlik Construction
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001443.doc
- a Motion for Leave to File Petition for Reconsideration (''Motion'') of the Forfeiture Order issued on March 29, 2000, for the above-referenced NAL and dismiss the appended Petition for Reconsideration (``Petition''). In the Forfeiture Order we issued a monetary forfeiture in the amount of seven thousand dollars ($7,000) against Sunjet Car Service, Inc. (``Sunjet'') for willful violation of Sections 1.903, 90.135, and 90.425(a) of the Commission's Rules (``Rules''). 2. According to Sunjet, the post office did not deliver the certified mail copy of the Forfeiture Order to Sunjet's attorney, Robert S. Hammer, until April 17, 2000. Sunjet further asserts that Mr. Hammer was away from the United States on vacation from the evening of April 17, 2000, until May 5, 2000,
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00268.doc
- owned Texas Utilities company [sic]." See ENSERCH Response, Exhibit 6. Perry stated in his letter that the Commission should contact him or Upperman for further information. By letter, dated February 20, 1998, the Commission's staff informed Mr. Upperman: Your name change indicates a possible change in ownership, corporate structure, or control, which would require a modification as defined in Rule 90.135. If ownership, corporate structure, or control has changed, you must file FCC Forms 600 and 1046, or FCC Form 490 or FCC Form 703 as appropriate. See letter dated February 20, 1998 from Informal Complaints & Public Inquiry Branch, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau, to Robert E. Upperman (ENSERCH Response, Exhibit 8). Robert B. Morris, a senior
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000813.doc
- Office (3/21/00). American Media, Greenwood, NE. Kansas City, MO Office (3/24/00). Galaxy Cable, Bennet, NE. Kansas City, MO Office (3/28/00). 47 C.F.R. Part 80 (Stations in the Maritime Service) 47 C.F.R. 80.89 (Unauthorized Transmissions) Pete Arrobio. Honolulu, HI Office (3/20/00). WJG Maritel Corporation. Honolulu, HI Office (3/24/00). 47 C.F.R. Part 90 (Private Land Mobile Services Rules) 47 C.F.R. 90.135 (Modification of License) New Style Car & Limo Incorporated, WPNS-568, Yonkers, NY. NOV also issued for violation of 47 C.F.R. 90.425(a). New York, NY Office (3/2/00). Safe Travel, Inc., Chicago, IL. Chicago, IL Office (3/21/00). Comcast Cablevision of Mercer County, Inc., KLY633, Upper Merion, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. 90.157 (Discontinuance of Station Operation) Dudlik Construction
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.doc http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.html
- Radiotelephone Installation). Columbia, MD District Office (6/6/00). 47 C.F.R. 80.911 - VHF Transmitter Nautilus Sub Sea Adventures, Inc., Honolulu, HI. Honolulu, HI Resident Agent Office (6/1/00). 47 C.F.R. 80.927 - Antenna Radio Frequency Indicator Clipper City, Inc., Baltimore, MD, WAX4066. Columbia, MD District Office (6/2/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. 90.135 - Modification of License Diamond Cab Company, Saint Paul, MN. Other violation: 47 C.F.R. 90.425 (Station Identification). St. Paul, MN Resident Agent Office (6/6/00). 47 C.F.R. 90.157 - Discontinuance of Station Operation Malden Mills Industries, Inc., WNYE717, Lawrence, MA. Boston, MA District Office (6/9/00). Intouch Communications, WPJZ438, Warwick, RI. Boston, MA District Office (6/19/00). Northeast Communications Systems, WNNL347,
- 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
- filing of pleadings in docketed proceedings. We seek comment on this proposal. We also seek comment on whether we should permit 44 45 Federal Communications Commission FCC 98-25 For example, letter filings are now permitted in Parts 80, 87, 90, and 95 in the following circumstances: 46 section 80.29 (mailing address and name change-written notice), section 87.21 (name changes), section 90.135(d) and (e) (name, ownership and other changes), and sections 95.103, 95.107(d) and (e), 95.117 (name changes, status changes for nonindividual general mobile radio service (GMRS) licensees, to determine if transmitters are type accepted and other actions in 95.117, and section 97.29 (replacement license). Part 101.9 permits letter filing where no forms exist. Section 1.931(a), entitled "Application for special temporary authorization,
- http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992443.doc
- 1998, and June 9, 1999, from Thomas K. Crowe (counsel for Tel-A-Car) to the Secretary of the Federal Communications Commission. Letter of September 10, 1998, from Gary P. Schonman to Tel-A-Car's counsel, Thomas K. Crowe. The Bureau, on August 31, 1998, also issued a Notice of Apparent Liability for Forfeiture against Battery for its apparent violations of Sections 90.113 and 90.135(a)(5) of the Commission's Rules (operating in excess of the 17 authorized mobile units) and Section 90.425(a) of the Commission's Rules (failure to provide station identification). On December 23, 1998, the Bureau determined that Battery had violated those rules and ordered Battery to forfeit $20,000. In an order released August 11, 1999, the Commission affirmed the monetary forfeiture. Battery's petition for
- http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99382.doc
- a ``Petition for Reconsideration'' filed on September 10, 1999 by Battery City Car and Limousine Service, Inc. ("Battery"), licensee of Business Radio Station WNDV558, Brooklyn, New York. Battery seeks reconsideration of our Memorandum Opinion and Order, FCC 99-212 (released August 11, 1999) (MO&O) affirming the Wireless Telecommunications Bureau order imposing a $20,000 forfeiture against Battery for violations of Sections 90.113, 90.135(a)(5), and 90.425(a) of the Commission's Rules. For the reasons that follow, we dismiss Battery's petition as procedurally defective. We also discuss the standard applicable to determining when a licensee is operating more mobiles than authorized under its license. Section 1.106(b)(2) of the Commission's Rules provides: Where the Commission has denied an application for review, a petition for reconsideration will be
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000078.doc
- a Notice of Apparent Liability for Forfeiture (``NAL'')8 in the amount of $20,000 to Battery on the basis of the monitoring that had been conducted on July 13, 16, 28 and 29, 1998. The NAL concluded that, on those dates, Battery had operated more than 17 mobile units on the frequency 808.7375 MHz, in apparent violation of Sections 90.113 and 90.135(a)(5) of the Commission's Rules9 and had not identified its communications, an apparent violation of Section 90.425(a) of the Commission's Rules.10 Battery filed a timely response to the NAL in which it sought reduction or rescission of the proposed forfeiture. On December 23, 1998, the WTB issued a Memorandum Opinion and Order11 rejecting Battery's request for reduction or rescission of the
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- that application is not controlling.'' ITA therefore asked that the Branch reinstate and process Greco's application. 6. On February 1, 1999, the Branch rejected ITA's arguments and dismissed Greco's application. On March 3, 1999, Greco filed a petition for reconsideration of the Branch's dismissal of its application and a request to initiate a proceeding to revoke Bergen's license. Citing Sections 90.135(a) and 90.175(e) of the Commission's Rules and ``established Commission policy in the acceptance and processing of applications requiring prior frequency coordination,'' Greco contends that APCO was required to ``request concurrence from ITA prior to coordinating the Police Department's applications'' because ``only ITA was authorized to coordinate a request to relocate the base stations and increase loading on a 470-512 MHz
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001922.doc
- is distinguishable from another case involving Mobile Relay, where we concluded that an application received by the Commission after the filing deadline should not be dismissed as untimely, because the untimely filing was caused by PCIA, rather than Mobile Relay. Mobile Relay Associates, Inc., Order, 14 FCC Rcd 21119, 21121 4 (WTB PSPWD 1999). See 47 C.F.R. 1.947, 90.135. (continued....) Federal Communications Commission DA 00-1922 Federal Communications Commission DA 00-1922 E F @ pM pM @& 0
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- cause congestion that would harm CSAA's co-channel operations in the Salt Lake City area. CSAA argued that its operations should be protected from interference because impairing its operations was contrary to the public interest, and because the Balanced Budget Act of 1997 mandated such protection. Finally, CSAA contended that authorizing Landlinx to use twenty frequencies would be inconsistent with Section 90.135(e) of the Commission's Rules, which provides, ``Normally only one frequency . . . will be assigned for mobile service operations by a single applicant in a given area. The assignment of an additional frequency . . . will be made only upon a satisfactory showing of need . . . .'' In consideration of CSAA's objection, the Branch returned the
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- Part 90 licensees. Furthermore, we are confident that our recent adoption of the Universal Licensing System (ULS) rules and implementation of a comprehensive electronic filing system for wireless applications will make it easier for users to provide necessary updates and thus encourage users to notify us of any changes (as currently required). We remind licensees of their obligations under Section 90.135 of the Commission's Rules and we will take appropriate action against licensees that do not comply with that rule. We therefore adopt our proposal to amend Section 90.149(a) to provide that licenses for stations authorized under Part 90 will be issued for a term not to exceed ten years from the date of initial issuance or renewal. Accordingly, upon grant
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981687.pdf
- be combined with 3 27.3 13. . Part 90 SMR. 220 MHz and PagingRegulatlons l Application Procedures ($4 90.111 - 90.159): l Ownership/real party in interest requirements (8 90.123) require more information than necessary for application processing and to support a finding that an applicant is qualified to hold a license, and should be streamlined. l Modification filing requirements (0 90.135) should be relaxed. The filing of modification applications for some of the listed modifications is unnecessary. Specifically, modification applications should not be required for CMRS: (1) when the number of base stations are changed; (2) when the area of mobile operations is changed; or (3) for any change in ownership. The third requirement has been eliminated for profirma applications through
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd981224.html
- frequency energy and for terminal equipment that may be attached to the telecommunications network. Dkt No.: GN- 98-68. Action by the Commission. Adopted: December 17, 1998. by R&O. (FCC No. 98-338). OET Internet URL: [38]http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1998/fcc98 338.pdf BATTERY CITY CAR AND LIMOUSINE SERVICE, INC. Ordered Battery City Car and Limousine Service, Inc. to forfeit $20,000 for violations of Sections 90.113 and/or 90.135(a)(5) and 90.425. Action by Acting Chief, Wireless Telecommunications Bureau. Adopted: December 23, 1998. by MO&O. (DA No. 98-2610). WTB Internet URL: [39]http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da982610.wp SOUTHWESTERN BELL MOBILE SYSTEMS AND COMTRAK. Denied Southwestern Bell Mobile Systems' request for rule waiver of Section 90.363(c); dismissed Southwestern's applications to modify file numbers D108561 and D108562 for LMS stations WPDM682 and WPDM686, as well as Comtrak's
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000229.html
- Comments Due: April 13, 2000. (DA No. 00-402). Contact: Policy and Rules Branch, Public Safety and Private Wireless Division: Ghassan Khalek at (202) 418-0680, email: gkhalek@fcc.gov. Internet URL: [13]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000402.do c ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- FRANYA MARZEC V. RANDY POWER. Granted in part, and denied in part complaint that Power violated section 301 of the Act and sections 90.113 and 90.135 of the Commission's rules by operating mobile units without a license. Rejected Marzec's claims that Power violated sections 301 and 333 of the Act and relevant rules by transmitting from an unauthorized location and interfering with her transmissions. Action by Chief, Enforcement Bureau. Adopted: February 28, 2000. by Order. (DA No. 00-419). ENF Internet URL: [14]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000419.doc BACHOW/COASTEL, L.L.C. V. GTE
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- was in fact within its contour area. See 10, supra. Additionally, Horizon has provided no persuasive evidence that it was acting in good faith to reduce interference concerns. See 8, supra. 18 1999 WL 528263; DA 99-1456, released July 26, 1999 (Dir., Legal Svcs Group CIB) (``Graytop Cab.'') 19 15 FCC Rcd 13590 (Enf. Bureau 2000) (``Arvada.'') 20 47 C.F.R. 90.135 21 15 FCC Rcd. 5811 (Enf. Bureau 2000), recon denied 15 FCC Rcd. 24314 (2000) (``Colorado Small Business Development.'') 22 See 8, supra. 23 See 47 C.F.R. 1.951. 24 Policy Statement; 47 C.F.R. 1.80. 25 See Central Illinois Public Service Company, 15 FCC Rcd 1750 (1999) (``CIPS''). 26 Horizon's Response at 5. 27 Section 312(f)(1) of the Act, 47 U.S.C.
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- is ``repeated'' if it continues for more than one day. The Conference Report for Section 312(f)(2) indicates that Congress intended to apply this definition to Section 503 of the Act as well as Section 312. See H.R. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, at 4388. 12 The Commission's Rules applicable to Statcom's operation, 47 C.F.R. 90.135(b) and 90.175, require frequency coordination for modification of a license's location coordinates for a constructed transmitter tower, prior to relocation of the tower. In order to operate from the Parkview House site, Statcom was required to obtain a license authorizing operation from the coordinates for the Parkview House site. 13 Statcom states that prior to the move it contacted its
- http://www.fcc.gov/eb/Orders/da001443.doc http://www.fcc.gov/eb/Orders/da001443.txt
- a Motion for Leave to File Petition for Reconsideration (''Motion'') of the Forfeiture Order issued on March 29, 2000, for the above-referenced NAL and dismiss the appended Petition for Reconsideration (``Petition''). In the Forfeiture Order we issued a monetary forfeiture in the amount of seven thousand dollars ($7,000) against Sunjet Car Service, Inc. (``Sunjet'') for willful violation of Sections 1.903, 90.135, and 90.425(a) of the Commission's Rules (``Rules''). 2. According to Sunjet, the post office did not deliver the certified mail copy of the Forfeiture Order to Sunjet's attorney, Robert S. Hammer, until April 17, 2000. Sunjet further asserts that Mr. Hammer was away from the United States on vacation from the evening of April 17, 2000, until May 5, 2000,
- http://www.fcc.gov/eb/Orders/da00696.doc http://www.fcc.gov/eb/Orders/da00696.html http://www.fcc.gov/eb/Orders/da00696.txt
- No. EB-00-TS-016 Station WPKU901 ) Brooklyn, New York ) NAL/Acct. No. 015NY0001 FORFEITURE ORDER Adopted: March 28, 2000 Released: March 29, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) against Sunjet Car Service, Inc. (``Sunjet'') for willful violation of Sections 1.903, 90.135, and 90.425(a) of the Commission's Rules (``Rules''). The noted violations involve operation on an unauthorized frequency and failure to identify. On October 8, 1999, the Commission's New York, New York, Field Office issued the referenced Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of seven thousand dollars ($7,000) to Sunjet for the noted violations. Sunjet filed
- http://www.fcc.gov/eb/Orders/fcc00268.doc http://www.fcc.gov/eb/Orders/fcc00268.txt
- owned Texas Utilities company [sic]." See ENSERCH Response, Exhibit 6. Perry stated in his letter that the Commission should contact him or Upperman for further information. By letter, dated February 20, 1998, the Commission's staff informed Mr. Upperman: Your name change indicates a possible change in ownership, corporate structure, or control, which would require a modification as defined in Rule 90.135. If ownership, corporate structure, or control has changed, you must file FCC Forms 600 and 1046, or FCC Form 490 or FCC Form 703 as appropriate. See letter dated February 20, 1998 from Informal Complaints & Public Inquiry Branch, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau, to Robert E. Upperman (ENSERCH Response, Exhibit 8). Robert B. Morris, a senior
- http://www.fcc.gov/eb/Public_Notices/DA-02-197A1.html
- MD. Columbia, MD District Office (12/7/01). * Comcast Cablevision of Michigan, Troy, MI. Detroit, MI District Office (12/7/01). 47 C.F.R. Part 87 Aviation Services * 47 C.F.R. 87.139 Emission Limitations * Black River Area Airport Commission, WRLB2487, Black River Falls, WI. San Paul, MN Resident Agent Office (12/31/01). 47 C.F.R. Part 90 Private Land Mobile Radio Services * 47 C.F.R. 90.135 Modification of License * Hilltop Communications, WPSM229, Rochester, MN. San Paul, MN Resident Agent Office (12/14/01). * 47 C.F.R. 90.403 General Operating Requirements * William Quimby, WPKZ505, Ipswich, MA. Boston, MA District Office (12/21/01). * 47 C.F.R. 90.441 Inspection and Maintenance of Antenna Structure Marking and Associated Control Equipment * MCI Worldcom Network Services, Inc., Washington, DC. Kansas City, MO
- http://www.fcc.gov/eb/Public_Notices/da001683.doc http://www.fcc.gov/eb/Public_Notices/da001683.html
- Radiotelephone Installation). Columbia, MD District Office (6/6/00). 47 C.F.R. 80.911 - VHF Transmitter Nautilus Sub Sea Adventures, Inc., Honolulu, HI. Honolulu, HI Resident Agent Office (6/1/00). 47 C.F.R. 80.927 - Antenna Radio Frequency Indicator Clipper City, Inc., Baltimore, MD, WAX4066. Columbia, MD District Office (6/2/00). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. 90.135 - Modification of License Diamond Cab Company, Saint Paul, MN. Other violation: 47 C.F.R. 90.425 (Station Identification). St. Paul, MN Resident Agent Office (6/6/00). 47 C.F.R. 90.157 - Discontinuance of Station Operation Malden Mills Industries, Inc., WNYE717, Lawrence, MA. Boston, MA District Office (6/9/00). Intouch Communications, WPJZ438, Warwick, RI. Boston, MA District Office (6/19/00). Northeast Communications Systems, WNNL347,
- http://www.fcc.gov/eb/Public_Notices/da002635.doc http://www.fcc.gov/eb/Public_Notices/da002635.html
- (10/11/00). Metro Machine of Philadelphia, Chester, PA. Philadelphia, PA District Office (10/13/00). City of Baltimore, Baltimore, MD, WNVP706. Columbia, MD District Office (10/27/00). 47 C.F.R. 1.929 - Classification of Filings As Major or Minor Pampphile J. Rosselle, d/b/a/ Phil's Pure Service, Northville, MI. Other violations: 47 C.F.R. 1.948 (Assignment of Authorization or Transfer of Control, Notification of Consummation), 90.135 (Modification of License), and 90.215 (Transmitter Measurements). Detroit, MI District Office (10/26/00). 47 C.F.R. 1.955 - Termination of Authorization Lyon Sand and Gravel Company, Wixom, MI. Detroit, MI District Office (10/26/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. 11.11 - The Emergency Alert System (EAS) Dilip Viswanath (K44FO, Dallas, TX), East Elmhurst, NY. Other violations:
- http://www.fcc.gov/eb/Public_Notices/da00813.doc http://www.fcc.gov/eb/Public_Notices/da00813.html
- Office (3/21/00). American Media, Greenwood, NE. Kansas City, MO Office (3/24/00). Galaxy Cable, Bennet, NE. Kansas City, MO Office (3/28/00). 47 C.F.R. Part 80 (Stations in the Maritime Service) 47 C.F.R. 80.89 (Unauthorized Transmissions) Pete Arrobio. Honolulu, HI Office (3/20/00). WJG Maritel Corporation. Honolulu, HI Office (3/24/00). 47 C.F.R. Part 90 (Private Land Mobile Services Rules) 47 C.F.R. 90.135 (Modification of License) New Style Car & Limo Incorporated, WPNS-568, Yonkers, NY. NOV also issued for violation of 47 C.F.R. 90.425(a). New York, NY Office (3/2/00). Safe Travel, Inc., Chicago, IL. Chicago, IL Office (3/21/00). Comcast Cablevision of Mercer County, Inc., KLY633, Upper Merion, PA. Philadelphia, PA Office (3/29/00). 47 C.F.R. 90.157 (Discontinuance of Station Operation) Dudlik Construction
- http://www.fcc.gov/eb/Public_Notices/da011756.doc http://www.fcc.gov/eb/Public_Notices/da011756.html
- Adelphia Cable - Utica, Utica, NY. Buffalo, NY Resident Agent Office (6/27/01). Universal Cable Holdings, Tyler, Texas. New Orleans, LA District Office (6/27/01) 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.187 - Frequencies Rex Gray, Palmer, AK., aircraft N2472F. Anchorage, AK Resident Agent Office (6/18/01). 47 C.F.R. Part 90 -Private Land Mobile Radio Services 47 C.F.R. 90.135 - Modification of License Erie Metropolitan Transit Authority, Erie, PA. Buffalo, NY Resident Agent Office (6/27/01). 47 C.F.R. 90.403 - General Operating Requirements Tastykake Baking Company, Philadelphia, PA Other violation: 47 C.F.R. 90.425 (Station Identification). Philadelphia, PA District Office (6/7/01). County of Erie, Buffalo, New York. Buffalo, NY Resident Agent Office (6/13/01). 47 C.F.R. 90.417 - Interstate
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- 80.89 Unauthorized Transmissions * Charters Northwest, Inc., Friday Harbor, WA. Seattle, WA District Office (9/21/01). * American Marine Corp., Terminal Island, CA. Honolulu, HI Resident Agent Office (9/28/01). * 47 C.F.R. 80.927 Antenna Radio Frequency Indicator * Crusin 1, Sea Isle City, NJ. Philadelphia, PA District Office (9/20/01). 47 C.F.R. Part 90 Private Land Mobile Radio Services * 47 C.F.R. 90.135 Modification of License * Taylor Road Supply Co., Inc., Westerville, OH. Detroit, MI District Office (9/21/01). * 47 C.F.R. 90.403 General Operating Requirements * Entranco Engineers, Inc., Bellevue, WA. Seattle, WA District Office (9/21/01). 47 C.F.R. Part 95 Personal Radio Services * 47 C.F.R. 95.411 (CB Rule 11) May I Use Power Amplifiers? * Orlin Keith Watson, Patterson, NC. Norfolk,
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- Ship Inspections Alaska Heritage Tours, Inc., Valdez, Alaska. Other violation: 47 C.F.R. 80.903 (Inspection of Radiotelephone Installation). Anchorage, AK Resident Agent Office (1/10/01). 47 C.F.R. Part 87 - Aviation Services 47 C.F.R. 87.187 - Frequencies Robert Hubbard, Anchorage, AK. Anchorage, AK Resident Agent Office (1/17/01). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. 90.135 - Modification of License Adam Polelowski (WPPG399), Buffalo, NY. Other violation: 47 C.F.R. 90.425 (Station Identification). Buffalo, NY Resident Agent Office (1/18/01). 47 C.F.R. 90.157 - Discontinuance of Station Operation Light Towing (WPKG217), Buffalo, NY. Buffalo, NY Resident Agent Office (1/18/01). 47 C.F.R. 90.403 - General Operating Requirements Liberty Communications, Inc., Buffalo, NY. Buffalo, NY Resident Agent