FCC Web Documents citing 90.633

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

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  • communications standby facilities, and emergency repair of public communication facilities. 47 C.F.R. � 90.20(a)(2). Non-governmental entities are eligible for non-SERS Public Safety Pool frequencies provided they obtain concurrence from an eligible governmental entity. Id. 47 C.F.R. � 90.173(a). We note that exclusivity can be obtained in the 470-512 MHz band. See 47 C.F.R. � 90.313. 47 C.F.R. �� 90.625, 90.629, 90.633. For example, the public safety community makes intensive use of frequencies in the 150-174 MHz (upper VHF) band, which has resulted in these frequencies being extremely congested and has impeded efforts to identify and recommend new public safety assignments on these frequencies without causing harmful interference to existing public safety systems. See Alternative Frequencies For Use by Public Safety Systems;
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  • 8081 �� 190-91. Loading rules require an applicant to demonstrate that it will ``load'' a channel with a certain number of mobiles in order to obtain exclusive use of that channel or to load a channel to full capacity before requesting additional spectrum. CMRS R&O, 9 FCC Rcd at 8081 � 191 & n.351. See e.g., 47 C.F.R. �� 90.631, 90.633. Under Part 90, non-SMR trunked and conventional systems are authorized on the basis of a minimum loading criteria of one hundred or seventy (respectively) mobile stations for each channel authorized. See section IV.A.2. supra. See e.g., 47 C.F.R. Part 90, Subpart G (Applications and Authorizations), Subpart H (Policies Governing Assignment of Frequencies), Subpart I (General Technical Standards), Subpart N (Operating
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  • for the reasons set forth below, CLC's further petition for reconsideration is denied. II. BACKGROUND 2. On December 27, 1994, CLC filed a finder's preference request targeting Station WNLI362 licensed to Cox Communications, Inc. (Cox).3 CLC maintained, in its request, that Cox had failed to construct its station and place it in operation within eight months as required by Section 90.633 of the Commission's Rules." In response, Cox filed an opposition on April 5, 1995, presenting 1 CLC Further Petition for Reconsideration (filed November 18, 1999) (CLC Further Petition). 2 In the Matter of Cox Communications, Inc., Order, 14 FCC Red 17653 (1999) (Cox Communications). 3 Letter from Agnes Penninngton d/b/a Communications Licensing Consultants, to the Compliance Branch, Private Radio Bureau,
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  • (1999) (218-219 MHz Flex R&O). 63 Fed. Reg. 59656 (Nov. 3, 1999). 47 C.F.R. �� 1.949(a), 1.955(a)(1). 47 C.F.R. � 1.925(b)(3). Waiver Request at 1-2. Id. Waiver Order, 14 FCC Rcd at 5194. 218-219 MHz Flex R&O, 15 FCC Rcd at 1517 � 32. See Waiver Request at 1-2. Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633 (c) and 1.1102 of the Commission's Rules, Memorandum Opinion & Order and Order on Reconsideration, 13 FCC Rcd 21944, 21973 (1998). See Waiver Order, 14 FCC Rcd at 5190, n.3. See Medina Electric Cooperative, Inc., Order on Reconsideration, DA 99-2314, � 6 (WTB PSPWD rel. Oct. 26, 1999) (granting reinstatement of a 2 GHz license erroneously cancelled by licensee, in
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  • either side of the rights-of-way of all operating rail lines in the United States. PTC, once called an Advanced Train Control System (ATCS), operates on six Industrial/Land Transportation frequency pairs in the 900 MHz band and is designed to prevent train collisions, high speed accidents, or incursions into locations reserved for roadway workers. See Waiver of Sections 90.621(d), 90.623(a), 90.629, 90.633, and 90.651(c) of the Commission's Rules to License Use of Six Conventional 900 MHz Frequency Pairs for an Advanced Train Control System, 3 FCC Rcd 427, 427 �� 1-6 (1988). If this petition for a single geographic license is granted, AAR plans to issue sub-licenses to the individual railroads who use ATCS/PTC while it maintains a computerized database of all
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  • the responsibility of each licensee to renew its license prior to the license's expiration date. ULS MO&O, 14 FCC Rcd at 11155 � 21. Accordingly, ``failure of a licensee to receive a [renewal form] from the Commission is no excuse for failure to file a renewal application.'' See Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-73 � 53 (1998); accord, e.g., Nevada Power Company, Order on Reconsideration, DA 99-2291 at � 5 (WTB PSPWD rel. Oct. 25, 1999). Federal Communications Commission DA 00-1188 Federal Communications Commission DA 00-1188 � � @& �0� �0� �0� �0� �0� �0� �0� �`�
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  • Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau In 1995, the Commission released the Goodman/Chan Order, which, among other things, granted certain General Category Specialized Mobile Radio licensees an additional four months to construct and commence operations of their licenses. See In the Matter of Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's rules, Memorandum Opinion and Order, 10 FCC Rcd 8537, 8545 � 20 (1995). We note that none of the Reconsideration Letters specifies the Commission order or action that it is seeking to have reconsidered. It is not certain, therefore, that the Reconsideration Letters comply with section 1.106(f)'s mandate that petitions for reconsideration be filed within
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  • Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau In 1995, the Commission released the Goodman/Chan Order, which, among other things, granted certain General Category Specialized Mobile Radio licensees an additional four months to construct and commence operations of their licenses. See In the Matter of Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's rules, Memorandum Opinion and Order, 10 FCC Rcd 8537, 8545 � 20 (1995). We note that none of the Reconsideration Letters specifies the Commission order or action that it is seeking to have reconsidered. It is not certain, therefore, that the Reconsideration Letters comply with section 1.106(f)'s mandate that petitions for reconsideration be filed within
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  • Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau In 1995, the Commission released the Goodman/Chan Order, which, among other things, granted certain General Category Specialized Mobile Radio licensees an additional four months to construct and commence operations of their licenses. See In the Matter of Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's rules, Memorandum Opinion and Order, 10 FCC Rcd 8537, 8545 � 20 (1995). We note that none of the Reconsideration Letters specifies the Commission order or action that it is seeking to have reconsidered. It is not certain, therefore, that the Reconsideration Letters comply with section 1.106(f)'s mandate that petitions for reconsideration be filed within
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  • William W. Kunze Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau In 1995, the Commission released the Goodman/Chan Order, which, among other things, granted certain General Category Specialized Mobile Radio licensees an additional four months to construct and commence operations of their licenses. See In the Matter of Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order, 10 FCC Rcd 8537, 8545 � 20 (1995) (Goodman/Chan Order). See In re 929 MHz Paging Licenses, Motions for Reconsideration of Waiver Requests of Construction Period, Order on Reconsideration, 14 FCC Rcd 9738 (CWD 1999); In re 929 and 931 MHz Paging Licenses, Motions for Reconsideration of Waiver Requests of
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  • William W. Kunze Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau In 1995, the Commission released the Goodman/Chan Order, which, among other things, granted certain General Category Specialized Mobile Radio licensees an additional four months to construct and commence operations of their licenses. See In the Matter of Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order, 10 FCC Rcd 8537, 8545 � 20 (1995) (Goodman/Chan Order). See In re 929 MHz Paging Licenses, Motions for Reconsideration of Waiver Requests of Construction Period, Order on Reconsideration, 14 FCC Rcd 9738 (CWD 1999); In re 929 and 931 MHz Paging Licenses, Motions for Reconsideration of Waiver Requests of
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  • However, because Repeater failed to cite to the correct rule section in its initial finder's request, as amended, we must agree with the conclusion reached by the former Office of Operations. Repeater, in its amended finder's request, alleged that Hotshot had violated Section 90.631(f) of the Commission's Rules. As stated above, Station KNHY561 was a conventional station, and therefore, Section 90.633 was the appropriate rule. However, even if we disregard this rule misstatement as de minimis, since both rule sections pertain to initial station construction and operation, Hot Shot showed adequate evidence that it was indeed licensed in 1984 and that it constructed its Station at its then authorized location at the First International Plaza. In its petition for reconsideration, Repeater
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  • Matter of Nextel Communications, Inc., Order, 13 FCC Rcd. 281 (Holding that a ``Petition for Special Relief'' filed beyond 30 days constituted a late filed petition for reconsideration and was subject to dismissal). See n. 9, supra. But see n. 14, supra. Finder's Preference Report and Order at 7305 � 49. Sections 90.155, 90.157, 90.629, 90.631 (e) or (f), and 90.633 (c) or (d) were the only sections the violation of which constituted a basis for a finder's preference request. 47 C.F.R. � 90.173(k). See also Finder's Report and Order at 7305, � 49. Finder's Report and Order at 7308, � 68. Petition at 2-4, �� 3-6. See 47 C.F.R. 90.173(k)(1994). 47 C.F.R. 90.173(k)(3)(1994). Federal Communications Commission DA 00-1943 Federal Communications
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  • for a New FM Commercial FM Station, For Reinstatement of Expired Construction Permit, WUMI (FM), State College, Mississippi, Memorandum Opinion and Order, 11 FCC Rcd 6198, 6170 � 7 (May 16, 1996). Tampa Electric Company, Order, 14 FCC Rcd 21344, 21348 � 9 (WTB PSPWD 1999) (Tampa Electric) (citing Daniel R. Goodman, Dr. Robert Chan, Petition for Waiver of Section 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion Order on Reconsideration, 13 FCC Rcd 21944, 21972-73 � 53 (1998) (Goodman). Tampa Electric, 14 FCC Rcd at 21349 � 9 (citing Goodman 13 FCC Rcd at 21973 � 53; accord e.g., Nevada Power Company, Order on Reconsideration, 14 FCC Rcd 17812, 17814 � 5 (WTB PSPWD 1999)). Waiver Request. 47 C.F.R.
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  • Order, 13 FCC Rcd 21027, 21071 � 96 (1998). Thus, contrary to FNB's contention, the renewal application deadline does not ``presume the receipt of a renewal notice.'' See Petition at 5. See, e.g., Tampa Electric Company, Order, 14 FCC Rcd 21344, 21348 � 9 (WTB PSPWD 1999). See Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-73 � 53 (1998); accord, e.g., WSYX Licensee, Inc., Order, DA 00-2091, � 5 (WTB PSPWD rel. Sept. 22, 2000); Nevada Power Company, Order on Reconsideration, 14 FCC Rcd 17812, 17814 � 5 (WTB PSPWD 1999). See 47 C.F.R. � 101.103. See 47 C.F.R.
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  • May 10, 1999. Additionally, Prime Times offers an affidavit indicating that it submitted a letter on October 15, 1999, informing the Commission that its station was up and running as of May 10, 1999. Prime Time argues that the automatic cancellation determination was in error and should be reconsidered in light of the information provided. We agree. Sections 90.631(e)-(f) and 90.633(c)-(d) of the Commission's Rules requires licensees for trunked or conventional facilities to place their stations in operation within one year to avoid automatic cancellation of the authorizations. Prime Time states that it had in fact responded to the second letter, dated October 6, 1999. Neither Prime Time nor our records, however, adequately substantiates this claim. We remind Prime Time that
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  • Technical Analysis Branch, Public Safety and Private Wireless Division, to Robert M. Gurss, Counsel for AC Transit (July 2, 1999). Petition at 7. See 47 C.F.R. � 1.106(f). Petition at 6. See Tampa Electric Company, Order, 14 FCC Rcd 21344, 21348 � 9 (WTB PSPWD 1999) (Tampa Electric) (citing, Daniel R. Goodman, Dr. Robert Chan, Petition for Waiver of Section 90.633(c) and 1.102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-73 � 53 (1998) (Goodman)). Tampa Electric, 14 FCC Rcd at 21349 � 9 (citing Goodman, 13 FCC Rcd at 21973 � 53; Nevada Power Company, Order on Reconsideration, 14 FCC Rcd 17812, 17815 � 5 (WTB PSPWD 1999)). Petition at 5. (continued....) Federal
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  • are within 70 miles of each other (i.e. 39 miles apart), authorizing Ten Four to use the frequencies licensed to Matson violated the Commission's Part 90 rules. Based on our review of the record in this proceeding, we agree with Matson that Ten Four should not have been authorized to operate on the channel formerly licensed to DSS. Under Section 90.633(b) of the Commission's Rules, a 900 MHz channel associated with a conventional system will not be assigned to additional licensees after it is loaded to seventy mobile units. Once DSS's license for Station WPJK857 was cancelled, Matson achieved ``exclusive'' use of the subject channel because Matson was licensed for seventy mobile units. Ten Four could not be licensed to share
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  • licensee of Market 354(B)(2), while Saguache Partnership is the licensee of Market 354(B)(1). 47 C.F.R. � 22.912(b), (c). Emergency Request to Rescind Order, filed by Colorado RSA 7(B)(2) Limited Partnership on September 11, 1998 (Emergency Request). We consider this Emergency Request to be a Petition for Reconsideration. See Daniel R. Goodman, Receiver, Dr. Robert Chan Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, FCC 98-167, � 26 (July 31, 1998). In addition, the Petition for Reconsideration and Request for Referral to the Commissioners for Treatment as an Application for Review and Request for Expedited Consideration filed on Octover 5, 1998 by Colorado 7 - Saguache Limited Partnership and the Petition for
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  • has Power explained his failure to inquire about the status of his applications during the time NABER allegedly was considering them. Power only filed a modification application in March 1994, months after Marzec had obtained her license and exclusive use of the disputed frequency. See Marzec Final Brief, Exhibit C (Proposed Findings of Fact) at 4. See 47 C.F.R. � 90.633(b). See 47 C.F.R. � 90.633(a). In July 1998, after Marzec filed her formal complaint, the Wireless Telecommunications Bureau (``WTB'') renewed Power's license, although it denied his application to modify the license to include mobile operations. The WTB recently affirmed this decision on reconsideration. See Letter from Terry L. Fishel, Deputy Chief, Licensing and Technical Analysis Branch, Commercial Wireless Division, Wireless
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  • Rural Metro that it was in violation of the Commission's Rules because it failed to place its station in operation within eight months from the date of the license grant and could not provide a commercial service to third parties for profit as a private mobile radio services licensee. On November 14, 1997, Rural Metro requested a waiver of Section 90.633 of the Commission's Rules. On February 5, 1998, the Branch effectively denied Rural Metro's request by canceling the license for Station KNNR223 for failure to construct. On February 12, 1998, the Branch deleted Station KNNR223 from the Commission's database. On March 9, 1998, Rural Metro requested reconsideration of the cancellation of its license for Station KNNR223. In the alternative, Rural
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  • Linn, Deputy Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division to Russ Taylor of Gardner, Carton & Douglass and Albert J. Catalano of Day, Catalano & Plache, dated August 10, 1998 (Branch August 10th Letter). See Public Notice, Private Radio Bureau Announces New Policy on Signature Dismissals, Mimeo No. 10297, Oct. 24, 1990. 47 C.F.R. � 90.633 provides that channels are assigned based upon a loading criteria of 70 units per channel. Branch August 10th Letter at 2. Petition at 1. Id. Id. at 2. Id. Id. at 1. Id. at 2. Id. Letter from Matthew J. Plache of Day, Catalano & Plache, PLLC to Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private
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  • Id. at 1. Effective November 1, 1999, the Branch granted Compton's request to extend the STA until May 1, 2000. Kay Petition for Reconsideration. 47 C.F.R. � 1.106(b). San Luis Obispo Limited Partnership, Memorandum Opinion and Order and Forfeiture Order, 11 FCC Rcd 9616, 9617 � 4 (1996). Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Order on Reconsideration, 14 FCC Rcd 20547, 20549 � 4 (1999). See also Application of MCI Communications Corp. and Southern Pacific Telecommunications Corp., Memorandum Opinion and Order, 12 FCC Rcd 7790, 7794 � 11 (1997), aff'd sub nom Microwave Acquisition Corp. v. FCC, 145 F.3d 1410 (D.C. Cir. 1998); Friends of the Earth, Inc.
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  • New York, NY District Office (12/6/00). Scarborough Fire District, KAW-593, Briarcliff Manor, NY. New York, NY District Office (12/6/00). 47 C.F.R. � 90.425 - Station Identification New Enricos Car Service, Astoria, NY. New York, NY District Office (12/11/00). 47 C.F.R. � 90.449 - Answers to Official Communications and Notices of Violation Carol Allen, Salisbury, MD, WPGR345. Other violation: 47 C.F.R. �90.633 (Conventional Systems Loading Requirements). Columbia, MD District Office (12/12/00). David M. Allen, Salisbury, MD, WPGR344. Other violation: 47 C.F.R. � 90.633 (Conventional Systems Loading Requirements). Columbia. MD District Office (12/12/00). 47 C.F.R. � 90.633 - Conventional Systems Loading Requirements Don Allen, Salisbury, MD, WPHA764. Columbia, MD District Office (12/12/00). Eugene M. Allen, Salisbury, MD, WPHA905. Columbia, MD District Office (12/12/00).
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  • Radio Station WPCE379, Pasadena, California. For the reasons discussed below, we grant the Petition, dismiss the City of Commerce's renewal application, and dismiss the AFR. BACKGROUND On May 11, 1993, Kay was granted a license to operate seventy-two (72) mobile units on conventional Specialized Mobile Radio (SMR) Station WNWB332, Van Nuys, California, on frequencies 851.8125 MHz/806.8125 MHz. Pursuant to Section 90.633(b) of the Commission's Rules, Kay enjoyed exclusive use of the above noted frequency channel. Nonetheless, on June 1, 1993, the City of Commerce was licensed to operate sixteen mobile units for Conventional Other Industrial/Land Transportation Station WPCE379 on the same frequency pair. According to our licensing records, Industrial Telecommunications Association, Inc. (ITA) coordinated the City of Commerce application. On September
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  • late-filed renewal application, the Commission takes into consideration all of the facts and circumstances, including the length of the delay in filing, the reasons for the failure to timely file, the potential consequences to the public if the license should terminate, and the performance record of the licensee. See Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21,944, � 53 (1998) (holding that ``[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license,'' and that ``failure of a licensee to receive a [renewal form] from the Commission is no excuse
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  • of San Francisco's application, San Francisco does not have a current pending renewal application for Station KIVD0012. A licensee is not excused from timely filing a renewal application because it has not received materials from the Commission. See, e.g., Self Order, 15 FCC Rcd at 18,663 � 6 citing Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633 (c) and 1.1102 of the Commission's Rules, Memorandum Opinion & Order and Order on Reconsideration, 13 FCC Rcd 21944, 21973 (1998). See Petition at 2-3. See, Order, Memorandum Opinion and Order and Notice of Proposed Rulemaking, Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, � 36, WT Docket No. 98-169, 13
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  • Based on these facts, we conclude that Power's license cancelled automatically because it was not operational with at least one mobile unit by the applicable construction deadline. We agree with Marzec that the Licensing Branch erred in treating Power's station as operational based on the possibility that it could provide service to roamers. The Branch's conclusion is inconsistent with section 90.633(d), which requires a system to have at least one ``associated'' mobile to be considered operational. In addition, the Branch's conclusion is inconsistent with the Commission's decision in Abraham, and its more recent decisions in Nationwide Radio Communications, Inc. and A-1-A Repeaters. In each of these cases, the Commission upheld the cancellation of a conventional SMR license for non-operation because the
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  • In his Petition, Doering argues that he has submitted sufficient proof in support of his contention that Kay did not construct call sign WNXS753 in accordance with: 1) section 90.155(a) of the Commission's rules, which requires that stations in the private land mobile radio services be placed in operation within eight months from the date of grant; and 2) section 90.633(d) of the Commission's rules, which provides that a base station is not considered to be placed in operation unless at least one associated mobile station is also placed in operation. Doering also contests the Bureau's finding that Kay submitted substantial rebuttal evidence that the station was timely constructed and placed in operation including a declaration from an end user. 3.
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  • Attorney for Communications Equipment (June 5, 2000) (June 5, 2000 Letter). Letter from Terry L. Fishel, Deputy Chief, Licensing and Technical Analysis Branch, Commercial Wireless Division, to Richard Philip Hanno, Attorney for Communications Equipment (Aug. 25, 2000). 47 C.F.R. � 1.106(f). Id. � 1.106(i). In the Matter of Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order, 10 FCC Rcd 8537 (1995) (Goodman/Chan I); Memorandum Opinion and Order and Order on Reconsideration, 13 FCC Rcd 21,944 (1998) (Goodman/Chan II). See Commission Announces Construction Deadline for Goodman/Chan Receivership Licensees and Similarly Situated Non-Goodman/Chan General Category SMR Licenses, Public Notice, 13 FCC Rcd 20,734, 20,735 (1998). It is well
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  • 93-252, Second Report and Order, 9 FCC Rcd 1411, 1448-58 (1994); Implementation of Sections 3(N) and 332 of the Communications Act, GN Docket No. 93-252, Third Report and Order, 9 FCC Rcd 7988, 8042-43 (1994) (Third Report and Order). Third Report and Order, 9 FCC Rcd 7988, 8042 � 94 (1994). See 47 C.F.R. �� 90.631(e) [for non-SMR trunked systems]; 90.633(c) [for non-SMR conventional systems]. See 47 C.F.R. �� 90.631(f) [for non-SMR trunked systems]; 90.633(d) [for non-SMR conventional systems]. 47 C.F.R. � 90.629; see also 47 C.F.R. �� 90.631(e), 90.633(c). See 47 C.F.R. � 90.629. 47 C.F.R. � 90.629 (a). Specifically, this section states that the statement ``must describe the proposed system, state the amount of time necessary to construct and
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  • Parts 0, 1, 13, 22, 26, 27, 80, 87 90, 95, 97 and 101 of the Commission's Rules to Facilitate the Development and the Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order, 13 FCC Rcd 21027, 21071 � 96 (1998). See, e.g., Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944 (1998); First National Bank of Berryville, Order, 15 FCC Rcd 19693 (WTB PSPWD 2000). Waiver Request at 3 n.4, citing Self Communications, Inc., Order and Notice of Apparent Liability for Forfeiture, 15 FCC Rcd 18661 (WTB PSPWD 2000) (Self Communications); Telecellular, Order, 14 FCC
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  • Licensing System in the Wireless Telecommunications Services, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476 (1999) (ULS Reconsideration MO&O). Id. at 11485 � 22. Id. at 11486 � 22. Id. at 11485 � 22. Public Notice, 15 FCC Rcd at 22013. See Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-73 � 53 (1998) (Goodman/Chan Order); accord, e.g., Nevada Power Company, Order on Reconsideration, 14 FCC Rcd 17812, 17813 � 5 (WTB PSPWD 1999). See, e.g., Goodman/Chan Order, 13 FCC Rcd at 21972-73 � 53; Mary Ann Salvatoriello, Memorandum Opinion and Order, 6 FCC
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  • stations meeting loading requirement), 90.623(a) (limiting the number of channels that may be assigned to a licensee for operation in the conventional mode to five), 90.629 (limiting extended implementation periods to three years), 90.629(b) (requiring annual progress reports by licensees with extended implementation periods, and providing that exclusivity for conventional channels cancels automatically if the implementation schedule is not met), 90.633(a) (setting a loading requirement of seventy mobile units), 90.633(c) (requiring construction within eight months of license grant unless an extended implementation period is granted), and 90.651(c) (requiring loading report within eight months of license grant) of the Commission's Rules. In 1988, the Commission granted AAR's request. The Commission allowed AAR ten years in which to complete the proposed ATCS project.
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  • This rule implements the statutory directive in Section 405 of the Communications Act that limits standing to file a petition for reconsideration to ``any party [to the proceeding] or any other person aggrieved or whose interests are adversely affected thereby.'' 47 U.S.C. � 405(a). 47 C.F.R. � 1.106(b)(1). Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Order on Reconsideration, 14 FCC Rcd 20547, 20549 � 4 (1999). Id., citing Duke Power Co. v. Carolina Environmental Study Group, 438 U.S. 59, 74 (1978). See also City of Compton Police Department, Order on Reconsideration, 15 FCC Rcd 16563 at 16566 � 8 (WTB PSPWD rel. April 7, 2000). This is the same
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  • Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau The licenses at issue were canceled pursuant to In re Nathan Sherman Enterprises, Inc., Order on Reconsideration, DA 99-2705 (rel. Dec. 3, 1999), and removed from the Commission's license database on February 23, 2000. In the Matter of Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order, 10 FCC Rcd 8537 (1995) (Goodman/Chan Order). In the Matter of Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order and Order on Reconsideration, 13 FCC Rcd 21,944 (1998) (Goodman/Chan Reconsideration Order). See Attachment A. See
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  • Licensee List; Petition for Correction of Database, Order, 14 FCC Rcd 18,710 (Policy & Rules Branch, CWD 1999). See Letter, Steven E. Weingarten, Chief, Commercial Wireless Division, to Russ Taylor, Esq., Gardner, Carton & Douglas, DA 98-2043, October 9, 1998 (attaching list) (``October Letter''). In the Matter of Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order and Order on Reconsideration, 13 FCC Rcd 21,944 (1998) (Goodman/Chan Reconsideration Order). In the Matter of Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order, 10 FCC Rcd 8537 (1995) (Goodman/Chan Order). See October Letter. See
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  • initial construction period. GEI 308(b) Response at 6-10. While Section 90.155(f) may apply to whether a station has commenced service for purposes of Commission rules, a conventional SMR system must be operational after the construction period to maintain its license. Failure to provide service to at least one unaffiliated end-user results in automatic cancellation of the license. 47 C.F.R. � 90.633(d); see In the Matter of Nationwide Radio Communications, Inc., Memorandum Opinion and Order, 16 FCC Rcd 8129, 8132, � 8 (2001) (finding that a license automatically cancelled because the system, which did not have at least one associated mobile operating on the channel, was not operational). GEI 308(b) Response at 6; Petition at 7; GEI 308(b) Response at 6 and
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  • note that if the stations have been constructed, then the requested relief with respect to transfer of unconstructed stations is unnecessary. See para. 9. The Commission has stated the purpose of the prohibition against the transfer of unconstructed stations is to deter speculation and trafficking in licenses. See Daniel R. Goodman, Receiver: Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Request for Waiver of Section 90.633(c) of the Commission's Rules by Various 800 MHz SMR Licensees, Request for Waiver of Section 90.609(b) of the Commission's Rules Prohibiting the Transfer and Assignment of Unconstructed Licenses, Request for Extension of License Term of 800 MHz Licensees, Memorandum Opinion and Order and Order on Reconsideration, 13 FCC
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  • file arguments). Reconsideration Petition at 6 n.9. See ULS MO&O, 14 FCC Rcd at 11,485 � 21. A licensee is not excused from timely filing a renewal application because it has not received materials from the Commission. See, e.g., Self Communications, 15 FCC Rcd at 18,663 � 6 citing Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633 (c) and 1.1102 of the Commission's Rules, Memorandum Opinion & Order and Order on Reconsideration, 13 FCC Rcd 21,944, 21,973 (1998) (Goodman). In this connection, we note that the Bureau reminded applicants filing applications in the Wireless Radio services after May 1, 1999 that they should examine their applications carefully prior to filing with the Bureau to prevent undesired results.
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  • at 2-3, 10-13. Havens also argues that the material submitted by Watercom in 1983 did not show a sufficient need to warrant grant of the second frequency block. Id. at 12-13. We conclude that it is too late for Havens to challenge the Commission's 1984 licensing decision, which is a final action. Opposition at 21. See, e.g., 47 C.F.R. �� 90.633(b), 101.141(a)(3). Petition to Deny at 3. (...continued from previous page) (continued....) Federal Communications Commission DA 03-2065 Federal Communications Commission DA 03-2065 z { � (c) � " � � (R) � � � (R) � � F � x6 x6 �
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  • TVC filed a consolidated response to Roman Catholic Diocese's petitions to deny (TVC Opposition to Roman Catholic Diocese). Grand Alliance Petition at 1. Roman Catholic Diocese Petition at 1-2. Id. Engineering Statement of Stephen Daugherty (Daugherty Statement). Roman Catholic Diocese Petition at 2. Grand Alliance Petition at 10-13. Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Order on Reconsideration, 14 FCC Rcd 20547, 20549 � 4 (1999). WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969) (citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968) (per curiam)). Waiver Request at 1. Id. See also Opposition at 7-8. Opposition at 8. Industrial Broadcasting
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  • applicants for non-SMR system licenses to comply with the loading requirements set forth in Section 90.631(a). On the other hand, Mobilcom's applications, filed in 2001, are not subject to the provisions of Section 90.631(b), which clearly states that such provision is only applicable to non-SMR licensees initially authorized before June 1, 1993. Mobilcom points to the loading requirements in Section 90.633(a) of our rules to support its assertion that only conventional systems are subject to upfront loading requirements. Section 90.633(a) authorizes non-SMR conventional systems on the basis of a minimum loading criteria of 70 mobile stations per channel. Section 90.633(a), which only governs conventional systems, is not applicable to trunked systems, and does not support Mobilcom's argument that only conventional systems
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  • Request; STA Request. See Waiver Request; STA Request. Waiver Request. Id. See Waiver Request; STA Request. WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969) (citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968) (per curiam)). Waiver Request. See, e.g., Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944 (1998); First National Bank of Berryville, Order, 15 FCC Rcd 19693 (WTB PSPWD 2000). Pursuant to Section 74.15(e) of the Commission's Rules, an ITFS licensee must file a renewal application ``not later than the first day of the fourth calendar month prior to the
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  • and seeks additional time to place these stations in operation. For the reasons stated below, we deny the Extension Requests and notify Motient that the station licenses at issue have terminated and/or canceled automatically. background Motient is the licensee of a number of 800 MHz authorizations, including the licenses at issue in the Extension Requests. Pursuant to sections 90.155(a) and 90.633(c) of the Commission's rules, licensees of conventional 800 MHz systems are required to place their authorized stations in operation not later than one year after the date of grant of the system license. In order to be ``in operation'' for purposes of section 90.633, a base station must have at least one associated mobile station in operation. Furthermore, section 1.955(a)(3)
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  • No. 98-20, 14 FCC Rcd 11476, 11486 � 22 (1999) (ULS MO&O). See id. at 11486 � 22. See id. at 11485 � 22. Order, 18 FCC Rcd at 2449 � 4, citing WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969) (WAIT Radio). See, e.g., Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944 (1998); First National Bank of Berryville, Order, 15 FCC Rcd 19693 (WTB PSPWD 2000). 47 C.F.R. � 1.106(c)(2). See Application for Renewal of ITFS Station WHR779, File No. BRIF-19980109DH. See Application for Renewal of ITFS Station WHR881, File No. BRIF-20010622AAA. See East River Electric
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  • taken from the 935-940 MHz band segment. See 47 C.F.R. � 90.613. See FCC File No. 0000960501. DART is a regional transportation authority for the greater Dallas area. DART's responsibilities include managing a number of different transit systems in various cities in the Dallas, Texas area. FCC Form 600, filed July 1997. See 47 C. F. R. �� 90.155(c), 90.631(f), 90.633(d). The Commission's Rules require transmission and reception of radio signals between a base station and a mobile station for a system to be ``placed in operation.'' ``Mobile talk around'' refers to communications directly between one vehicle and another vehicle, or mobile without the use of a repeater. Request for Reinstatement and Cancellation at 4. FCC Form 600-Schedule G, July 1997.
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  • System in the Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476, 11486 � 22 (1999) (ULS MO&O). See id, 14 FCC Rcd. at 11486 � 22. See id., 14 FCC Rcd at 11485 � 22. 47 C.F.R. � 1.925(b)(3). See Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no
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  • 11476, 11485 � 22 (1999). 47 C.F.R. � 1.925(b)(3). See BRS/EBS R&O & FNPRM, 19 FCC Rcd at 14248 � 217 (``As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application.''); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no
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  • Rcd 11476, 11485 � 22 (1999). 4947 C.F.R. � 1.925(b)(3). 50See BRS/EBS R&O &FNPRM, 19 FCC Rcd at 14248 � 217 ("As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application."); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (continued....) 8058 Federal Communications Commission DA 09-1331 22. Nonetheless, we conclude, based on the circumstances surrounding the return and dismissals of the Applications, that a waiver is justified under the second prong of the waiver standard. Specifically, we find that failing
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  • 11476, 11485 � 22 (1999). 47 C.F.R. � 1.925(b)(3). See BRS/EBS R&O & FNPRM, 19 FCC Rcd at 14248 � 217 (``As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application.''); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no
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  • FCC Rcd 11476, 11485 � 22 (1999). 5447 C.F.R. � 1.925(b)(3). 55See BRS/EBS R&O &FNPRM, 19 FCC Rcd at 14248 � 217 ("As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing atimely renewal application."); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no
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  • 11476, 11485 � 22 (1999). 47 C.F.R. � 1.925(b)(3). See BRS/EBS R&O & FNPRM, 19 FCC Rcd at 14248 � 217 (``As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application.''); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no
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  • Rcd 11476, 11485 � 22 (1999). 4047 C.F.R. � 1.925(b)(3). 41See BRS/EBS R&O &FNPRM, 19 FCC Rcd at 14248 � 217 ("As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application."); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no
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  • Waiver Request at 2-3; Evans Waiver Request at 1-2. See BRS/EBS R&O & FNPRM, 19 FCC Rcd at 14248 � 217 (``As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application.''); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1972A1_Rcd.pdf
  • Brantley Waiver Request at 2-3; Evans Waiver Request at 1-2. 29See BRS/EBS R&O &FNPRM, 19 FCC Rcd at 14248 � 217 ("As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application."); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no
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  • 11476, 11485 � 22 (1999). 47 C.F.R. � 1.925(b)(3). See BRS/EBS R&O & FNPRM, 19 FCC Rcd at 14248 � 217 (``As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application.''); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no
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  • licensee's late-filed renewal application was granted. 2547 C.F.R. � 1.925(b)(3). 26See BRS/EBS R&O &FNPRM, 19 FCC Rcd at 14248 � 217 ("As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application."); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no
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  • \i BRS/EBS R&O & FNPRM}{\rtlch\fcs1 \af0 \ltrch\fcs0 , 19 FCC Rcd at 14248 \'b6 217 (\'93As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application.\'94);}{\rtlch\fcs1 \af0 \ltrch\fcs0 \i }{\rtlch\fcs1 \af0 \ltrch\fcs0 Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i Memorandum Opinion and Order on Reconsideration}{\rtlch\fcs1 \af0 \ltrch\fcs0 , 13 FCC Rcd 21944, 21972-21973 \'b6 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a
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  • 11476, 11485 � 22 (1999). 2047 C.F.R. � 1.925(b)(3). 21See BRS/EBS R&O & FNPRM, 19 FCC Rcd at 14248 � 217 ("As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application."); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no
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  • BRS/EBS R&O, 19 FCC Rcd at 14248 � 218. See BRS/EBS R&O & FNPRM, 19 FCC Rcd at 14248 � 217 (``As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application.''); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no
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  • We therefore 52BRS/EBS R&O,19 FCC Rcd at 14248 � 218. 53See BRS/EBS R&O &FNPRM, 19 FCC Rcd at 14248 � 217 ("As an initial matter, the Commission has stated that each licensee is fully responsible for knowing the term of its license and for filing a timely renewal application."); Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Orderon Reconsideration, 13 FCC Rcd 21944, 21972-21973 � 53 (1998) (holding that "[i]t is the responsibility of each licensee to apply for renewal of its license prior to the expiration date of the license," and that "failure of a licensee to receive a [renewal form] from the Commission is no excuse
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  • Commission. (b) A local government entity in the Public Safety Pool, applying for any frequency in this part, may also seek extended implementation authorization pursuant to � 90.629. (c) For purposes of this section, a base station is not considered to be placed in operation unless at least one associated mobile station is also placed in operation. See also �� 90.633(d) and 90.631(f). (d) Multilateration LMS systems authorized in accordance with � 90.353 must be constructed and placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. MTA-licensed multilateration LMS systems will be considered constructed and placed in operation if such systems construct a sufficient number of
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  • for slow growth implementation). Four out of the five cases involve the same finder re-filing its original request after the first filing was dismissed as defective. Under the Commission's Rules, a license for a station cancels automatically upon failure to construct or permanent discontinuance of operation for a period of one year or more. See 47 C.F.R. �� 90.157, 90.631, 90.633. Following a dispositive award to a first-filed finder, any finders, including Radio Team, that filed subsequent requests for the same station were informed of the license cancellation and the award to the first filed finder. See e.g., Letter to James Bishop, Progressive Communications, Inc., from William H. Kellet, Office of Operations, Federal Communications Commission (dated May 1, 1996); Letter to
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  • arguments relevant to this matter and would therefore serve the public interest. Application at 2. Id. at 4. Id. Id. at 5. O'Hare Opposition at 5. See Letter from Raymond J. Prezell, Jr., Quatron, to Terry L. Fishel, Land Mobile Branch, FCC (Jan. 5, 1996) (Quatron Letter). See infra �� 19-20. See supra �� 13-14. See 47 C.F.R. �� 90.403, 90.633. We note that the applicant bears the burden of proof in requesting the Commission to overturn a coordinator's recommendation. See 47 C.F.R. � 90.175(a). We find Veracon has not provided sufficient justification to warrant such action here. Application at 4. Application at 6, Declaration of Robert R. Barcal, Veracon. Id. See Application at Exhibit 4, Letter from James Zografos, Peco
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  • d/b/a Portable Walkie Talkies To Go, from Michael J. Regiec on behalf of Terry L. Fishel, Federal Communications Commission (Aug. 13, 1996). See Application Number 502323, filed on May 3, 1995, requesting assignment from Nelson Brothers Trucking to Roger Dickinson d/b/a Portable Walkie Talkies to Go, to operate Station KGU261 on frequency pair 807.1125/852.1125 MHz (Assignment Application). 47 C.F.R. � 90.633 (1996). Letter from Roger Dickinson, Portable Walkie Talkies To Go, to Terry L. Fishel, Federal Communications Commission (dated May 13, 1996 and filed May 15, 1996). Id. Id. Id. The addition of the Black Mountain-Palo Alto site was subsequently granted on July 17, 1996. Letter from Terry L. Fishel, Federal Communications Commission, to Roger Dickinson, Portable Walkie Talkies To Go
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  • first user, is entitled to a period of eight months within which to load the channel fully before the channel is made available to other prospective systems. In support of their argument, Petitioners submitted a May 18, 1992 letter regarding another proceeding from a former Chief of the Branch to Motorola regarding 800/900 MHz conventional systems and provisions of Section 90.633 of the Commission's Rules. Petitioners indicate that the 1992 Letter states that ``[c]ommunity repeater systems and SMR systems when authorized as the first system on a channel are permitted eight months from the date of grant of the channel in the area to load it before it is available to other prospective systems.'' Petitioners also state that, prior to the
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  • Application for Review filed by Chadmoore Wireless Group, Inc. is DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary In re Chadmoore Wireless Group, Petition for Reconsideration of October 9, 1998 Licensee List, Order on Reconsideration, DA 99-2496 (rel. Nov. 9, 1999) (Chadmoore Reconsideration Order). In the Matter of Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order, 10 FCC Rcd 8537 (1995) (Goodman/Chan I); Memorandum Opinion and Order and Order on Reconsideration, 13 FCC Rcd 21,944 (1998) (Goodman/Chan II). Chadmoore did not seek reconsideration by the Commission of Goodman/Chan II, but instead appealed that order to the D.C. Circuit. Chadmoore's appeal was subsequently dismissed. See Daniel R.
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  • lacked a coordination statement or co-channel concurrence statement from J&K. The Licensing Branch Letter stated that the prior Office of Operations decision was a ``nullity'' because it failed to account for J&K's exclusive right to the channel. The letter additionally stated that because Nationwide had no mobiles associated with its system, Nationwide's system was not operational as defined by Section 90.633(b) of the Commission's rules, and therefore the license had automatically cancelled. Nationwide filed the instant application for review of the Licensing Branch Letter on September 18, 1997. III. DISCUSSION 6. In its Application for Review, Nationwide argues that the Licensing Branch Letter should be set aside because the Licensing and Technical Analysis Branch did not have the authority to review
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  • filed by Nathan Sherman Enterprises, Inc. for convenience. See Nathan Sherman Enterprises, Inc. et al., Order on Reconsideration, DA 99-2705 (rel. Dec. 3, 1999) (Sherman). See Application for Review filed by Nathan Sherman Enterprises, Inc., January 3, 2000, at ii, 7 (Application). See also In the Matter of Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order, 10 FCC Rcd 8537 (1995) (Goodman/Chan I); Memorandum Opinion and Order and Order on Reconsideration, 13 FCC Rcd 21,944 (1998) (Goodman/Chan II). See Sherman at � 3. See Application at 6, � 10; see also Sherman at �4. See Sherman at � 3. See Application at 8-9, �� 13-14; see
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  • Application for Review filed by James A. Kay on December 20, 1999 (Application for Review). See Letter from Terry Fishel, Deputy Chief, Licensing and Technical Analysis Branch, Commercial Wireless Division, Wireless Telecommunications Bureau to Robert J. Keller, Esq., Harry A. Thompson d/b/a 1st Mobile Communications, and Robyn G. Nietert, Esq., dated November 18, 1999 (Licensing Branch Letter). 47 C.F.R. � 90.633(d). On June 2, 1993, Kay was granted an authorization to operate Station WPAZ639, Oat Mountain, Northridge, CA, Channel 851.4125 MHz with 72 mobiles. Kay constructed the station and loaded it with 72 mobiles. See Kay Application for Review at 4. 47 C.F.R. � 90.157. Application for Review at 7-8. The Licensing Branch denied the modification because the application did not
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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 Daniel R. Goodman, Receiver; Dr. Robert Chan Petition for Waiver of Section 90.633(c) and 1.1102 of the Commission's Rules Request for Waiver of Section 90.633(c) of the Commission's Rules by Various 800 MHz SMR Licensees Request for Waiver of Section 90.609(b) of the Commission's Rule Prohibiting the Transfer and Assignment of Unconstructed Licenses Request for Extension of License Term of 800 MHz Licensees ) ) ) ) ) ) ) ) ) )
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  • Jr. has violated Section 308(b) of the Act and/or Section 1.17 of the Commission's Rules by failing to provide information requested in his responses to Commission inquiries; . . . . c) To determine if Kay has willfully or repeatedly violated any of the Commission's construction and operation requirements in violation of Sections 90.155, 90.157, 90.313, 90.623, 90.627, 90.631, and 90.633 of the Commission's Rules; d) To determine whether [Kay] has abused the Commission's processes by filing applications in multiple names in order to avoid compliance with the Commission's channel sharing and recovery provisions in violation of Sections 90.623 and 90.629; . . . . g) To determine, in light of the evidence adduced pursuant to the foregoing issues, whether [Kay]
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  • the above-captioned proceeding IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary In re Application of Mobile UHF, Inc., Memorandum Opinion and Order, 15 FCC Rcd 15,007 (CWD 2000). The subject call sign was assigned from Mobile UHF, Inc. to MWS Communications LLC, consummated April 2, 2001. See Daniel R. Goodman, Receiver; Dr. Robert Chan; Petitions for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Request for Waiver of Section 90.633(c) of the Commission's Rules by Various 800 MHz SMR Licensees, Request for Waiver of Section 90.609(b) of the Commission's Rules Prohibiting the Transfer and Assignment of Unconstructed Licenses, Request for Extension of License Term of 800 MHz SMR Licensees, Memorandum Opinion and Order, 13 FCC Rcd 21944 (1998).
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  • Station WNVA790. For the reasons discussed below, the application for review is denied. Background On October 26, 1993, Veracon filed a finder's preference request (Request) targeting Calumet's authorization to operate Station WNVA790, on frequency pair 853.2375/808.2375 MHz, in the Chicago, Illinois area. Veracon contended that Calumet failed to timely construct and operate Station WNVA790 in accordance with Sections 90.157 and 90.633 of the Commission's Rules. As evidence of Calumet's failure to construct, Veracon submitted the sworn affidavit of Mr. Robert Barcal, Sr., president of Veracon, who stated (1) that he had inspected Calumet's authorized transmitter site for Station WNVA790, but was unable to locate any equipment operating on the subject frequencies; (2) that he had monitored Station WNVA790 on two separate
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  • communications standby facilities, and emergency repair of public communication facilities. 47 C.F.R. � 90.20(a)(2). Non-governmental entities are eligible for non-SERS Public Safety Pool frequencies provided they obtain concurrence from an eligible governmental entity. Id. 47 C.F.R. � 90.173(a). We note that exclusivity can be obtained in the 470-512 MHz band. See 47 C.F.R. � 90.313. 47 C.F.R. �� 90.625, 90.629, 90.633. For example, the public safety community makes intensive use of frequencies in the 150-174 MHz (upper VHF) band, which has resulted in these frequencies being extremely congested and has impeded efforts to identify and recommend new public safety assignments on these frequencies without causing harmful interference to existing public safety systems. See Alternative Frequencies For Use by Public Safety Systems;
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  • decision because of harmless errors). MMDS Order, 8 FCC Rcd at 5440 � 5. Id. 743 F.2d 918, 928 (D.C. Cir. 1984). 47 C.F.R. � 1.110. See Conditional License. MMDS Statement at 1. See MMDS Order, 8 FCC Rcd 5440 at � 5. AFR at 8. Id. See Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-73 � 53 (1998) (``Erroneous advice received from a government employee is insufficient [to warrant estoppel against the government], particularly when the relief requested would be contrary to an applicable statute or rule.'') Id. at 9; citing Communications Tech Management of Texas, Inc., Memorandum
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  • Morris's renewed license was February 2, 1999. The license was renewed again in 1998, for an additional five-year term. The current expiration date is February 2, 2004. Letter from Richard W. Duncan d/b/a Anderson Communications to the Federal Communications Commission (Nov. 12, 1995) (Finder's Preference Request). 47 C.F.R. � 90.173(k) (1994). Failure to comply with Sections 90.155, 90.157, 90.629, and 90.633(c) or (d) of our rules could also result in channel recovery under the finder's preference rules. Id. Finder's Preference Request at 2. Finder's Preference Request at 2. Letter from Anne Marie Wypijewski and William H. Kellet, Office of Operations, to Morris Communications, Inc. (Jan. 17, 1996) (Compliance File No. 96F092). Morris was given thirty days to file its opposition. Id.
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  • Order at � 1. Call sign WNJF770 was cancelled on June 5, 2001. 47 C.F.R. � 90.155(a) (1993). 47 C.F.R. � 90.155(c) (1993). Division Order at � 2. 47 C.F.R. 90.157 (1993). Division Order at �� 2, 4. Id. at � 4. Id. Application for Review at 2-3. Id. at 4. Id. Division Order at � 4. 47 C.F.R. � 90.633 (1994). Finder's Preference Order at � 49. Id. In several prior cases, the Commission has found conventional 800 MHz licenses to be subject to cancellation for non-operation because the licensee failed to license any of the end users on its system and a subsequent licensee fully loaded the channel. See, e.g., In the Matter of Nationwide Radio Communications, Inc., Application
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  • 1.9020(d)'' with the correct reference to � 1.9020(e).'' In addition, we replace reference to ``� 1.911(d)'' in our rules (which does not exist) with ``� 1.913(d)'' when citing to the Commission's rules regarding manual filing. See 47 C.F.R. � 1.913(d). See Report and Order at � 39. See 47 C.F.R. �� 101.603(b), 101.701. See, e.g., 47 C.F.R. �� 90.313(c), 90.625(a), 90.633(b). See, e.g., 47 C.F.R. �� 80.511, 90.625(a), 90.627(b)(2), 90.631(c). See, e.g., Viking Dispatch Services, Inc., Memorandum Opinion and Order, 14 FCC Rcd 18814, 18820 n.42 (1999) (Viking); Amendment of Section 90.631 of the Commission's Rules and Regulations Concerning Loading Requirements for 900 MHz Trunked SMR Stations, Report and Order, 7 FCC Rcd 4914, 4915 � 11 (1992). Viking, 14 FCC
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  • 6 and 10, and at Ex.A, Montes Declaration at 1-2. Finally, GEI could not provide any billing records for any unaffiliated subscribers or any other information to suggest it provided service to any subscriber from November 1, 1995, to May 13, 1998. Petition at 7; GEI 308(b) Response at 6 and Ex.A, Montes Declaration at 2-3; see 47 C.F.R. � 90.633(d) (failure to provide service to at least one unaffiliated end-user results in automatic cancellation of the license). Application at 10 (citing 47 U.S.C. � 312). Section 312(c) provides that ``[b]efore revoking a license or permit pursuant to [the seven conditions under which the Commission may revoke the license or permit listed in] subsection (a), ... the Commission shall serve upon
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  • Petition at 4 n.12 (quoting Letter from Amy J. Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau to John A. Prendergast, Esq., Counsel for New Wave Networks, L.L.C., 14 FCC Rcd 6323 (1999)). NextWave 1998 Petition at 7 (citations omitted). 47 C.F.R. � 1.2107(b). Id. � 1.2109(c). Id. � 1.2110(g)(1). See, e.g., id. �� 1.946(c), 24.103(h); 24.203(a),(b); 90.155(a); 90.633(d); 101.1011(a); 101.1325(c). Id. Letter from William E. Kennard, General Counsel, and Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, to Leonard J. Kennedy, Esquire, and Richard C. Denning, Esquire, 11 FCC Rcd 21,572 (1996) (``Letter''). MetroPCS Petition at 3, 10. Letter, 11 FCC Rcd at 21,576. Id. (citing Debt Collection Act, as amended, 31 U.S.C. Chapter 37). Id.
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  • 8081 �� 190-91. Loading rules require an applicant to demonstrate that it will ``load'' a channel with a certain number of mobiles in order to obtain exclusive use of that channel or to load a channel to full capacity before requesting additional spectrum. CMRS R&O, 9 FCC Rcd at 8081 � 191 & n.351. See e.g., 47 C.F.R. �� 90.631, 90.633. Under Part 90, non-SMR trunked and conventional systems are authorized on the basis of a minimum loading criteria of one hundred or seventy (respectively) mobile stations for each channel authorized. See section IV.A.2. supra. See e.g., 47 C.F.R. Part 90, Subpart G (Applications and Authorizations), Subpart H (Policies Governing Assignment of Frequencies), Subpart I (General Technical Standards), Subpart N (Operating
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-417A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-417A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-417A1.txt
  • A. Haller, Chief, Private Radio Bureau, to David E. Weisman, Meyer, Faller Weisman and Rosenberg, 8 FCC Rcd. 143 (dated Dec. 23, 1992) (Weisman Letter). Conventional SMR systems were required by the Commission's rules to be constructed and operating within eight months of license grant and trunked SMR systems were subject to a twelve-month construction period. 47 C.F.R. �� 90.631(f), 90.633(d). Weisman Letter, 8 FCC Rcd. at 143. Implementation of Sections 3(n) and 332 of the Communications Act, GN Docket No. 93-252, Regulatory Treatment of Mobile Services, Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, PR Docket No. 93-144, Amendment of Parts 2 and 90 of the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-417A1_Erratum.doc
  • A. Haller, Chief, Private Radio Bureau, to David E. Weisman, Meyer, Faller Weisman and Rosenberg, 8 FCC Rcd. 143 (dated Dec. 23, 1992) (Weisman Letter). Conventional SMR systems were required by the Commission's rules to be constructed and operating within eight months of license grant and trunked SMR systems were subject to a twelve-month construction period. 47 C.F.R. �� 90.631(f), 90.633(d). Weisman Letter, 8 FCC Rcd. at 143. Implementation of Sections 3(n) and 332 of the Communications Act, GN Docket No. 93-252, Regulatory Treatment of Mobile Services, Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, PR Docket No. 93-144, Amendment of Parts 2 and 90 of the Commission's
• 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
  • criteria to be applied in assigning channels for use 90.625(a) in conventional systems of communications (change to allow electronic filing of information via ULS). 90.629(c), (d) Extended implementation period (change to allow 90.629(c), (d) electronic filing of information via ULS). 90.631(b), (f) Trunked system loading construction and authorization 90.631(b), (f) requirements (change to allow electronic filing of information via ULS). 90.633(e) Conventional systems loading requirements (change to 90.633(e) allow electronic filing of information via ULS). 90.645(g),(h) Permissible operations (change to allow electronic filing 90.645(g),(h) of information via ULS). 90.651(b), (c), Supplemental reports required of licenses authorized 90.651(b), (c), (d) (d) under this subpart (change to allow electronic filing of information via ULS). 90.657 Temporary permit (move to consolidated Part 1 Rule).
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-125A1.html
  • III, Attorney at Law, to Dana Leavitt, Special Counsel, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, dated January 25, 2007, at 1, 13, 16 ("Second LOI Response"). Charles Guskey, a former business colleague of Bishop, served as an outside accountant to Continental Wireless Cable Television, Inc. Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order and Order on Reconsideration, 13 FCC Rcd 21944 (1998); pet. for review denied, Daniel Goodman v. FCC, 182 F.3d 987 (D.C. Cir. 1999). See Applications of Preferred Communication Systems, Inc., Order, 14 FCC Rcd 20,648 (WTB 1999). See Preferred Acquisitions Inc., FCC Form 175, dated July 17, 2000, at Exhibit
• http://transition.fcc.gov/eb/Public_Notices/da01102.doc http://transition.fcc.gov/eb/Public_Notices/da01102.html
  • New York, NY District Office (12/6/00). Scarborough Fire District, KAW-593, Briarcliff Manor, NY. New York, NY District Office (12/6/00). 47 C.F.R. � 90.425 - Station Identification New Enricos Car Service, Astoria, NY. New York, NY District Office (12/11/00). 47 C.F.R. � 90.449 - Answers to Official Communications and Notices of Violation Carol Allen, Salisbury, MD, WPGR345. Other violation: 47 C.F.R. �90.633 (Conventional Systems Loading Requirements). Columbia, MD District Office (12/12/00). David M. Allen, Salisbury, MD, WPGR344. Other violation: 47 C.F.R. � 90.633 (Conventional Systems Loading Requirements). Columbia. MD District Office (12/12/00). 47 C.F.R. � 90.633 - Conventional Systems Loading Requirements Don Allen, Salisbury, MD, WPHA764. Columbia, MD District Office (12/12/00). Eugene M. Allen, Salisbury, MD, WPHA905. Columbia, MD District Office (12/12/00).
• http://wireless.fcc.gov/auctions/07/releases/oor95395.pdf http://wireless.fcc.gov/auctions/07/releases/oor95395.txt http://wireless.fcc.gov/auctions/07/releases/oor95395.wp
  • channel assigned on an exclusive basis in the 220-222 MHz, 470-512 MHz, and 800 MHz bands by submitting information that leads to the recovery of channels in these bands. Recovery of such channels must result from information provided regarding the failure of existing 77 licensees to comply with the provisions of �� 90.155, 90.157, 90.629, 90.631 (e) or (f), or 90.633 (c) or (d). Any recovered channels in the 900 MHz SMR service will revert automatically to the MTA licensee. * * * * * 3. Section 90.617(d) is amended by revising Table 4B to read as follows: � 90.617 Frequencies in the 809.750-824/854.750-869 MHz, and 896-901/935-940 MHz bands available for trunked or conventional system use in non-border areas. (d)* *
• 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
  • 101 statutory obligation to avoid mutual exclusivity, while mutual exclusivity could be avoided through Federal Communications Commission FCC 99-98 Metrocall Petition at 7; PageNet October 27, 1998 Ex Parte at 1; PRTC Reply at 3. 102 Metrocall Petition at 10-11; see Advanced Petition at 4. 103 See, e.g., Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 104 1.1102 of the Commission's Rules, Memorandum Opinion and Order and Order on Reconsideration, 13 FCC Rcd 21944 (1998). See infra �� 66-70. 105 20 "threshold qualifications," identified in their percent-of-coverage proposals. Finally, Metrocall asserts 102 that despite the "overwhelming support for granting geographic [area] licenses to incumbents," and because the Commission has "failed to provide any factual basis"
• http://wireless.fcc.gov/licensing/index.htm?job=const_req_by_service
  • YP, YU 90.631(e), 90.629, 90.155(b) 601 Main Form and Schedule K 800 & 900 MHz Conventional (Excluding SMR) Construct and place into operation within 1 year of initial license grant. Alternatively, may apply for extended implementation - up to 5 years may be authorized for constructing and placing a system in operation. GB, GE, GF, GI, GJ, GO, GP, GU 90.633(c), 90.629, 90.155(b) 601 Main Form and Schedule K 800 & 900 MHz Trunked (SMR) Construct and place into operation within 1 year of license grant. YX, YS, YM, YL 90.631(e-f) 601 Main Form and Schedule K 800 & 900 MHz Conventional (SMR) Construct and place into operation within 1 year of license grant. GX, GR, GM, GL 90.633(c) 601 Main
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000419.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000419.txt
  • has Power explained his failure to inquire about the status of his applications during the time NABER allegedly was considering them. Power only filed a modification application in March 1994, months after Marzec had obtained her license and exclusive use of the disputed frequency. See Marzec Final Brief, Exhibit C (Proposed Findings of Fact) at 4. See 47 C.F.R. � 90.633(b). See 47 C.F.R. � 90.633(a). In July 1998, after Marzec filed her formal complaint, the Wireless Telecommunications Bureau (``WTB'') renewed Power's license, although it denied his application to modify the license to include mobile operations. The WTB recently affirmed this decision on reconsideration. See Letter from Terry L. Fishel, Deputy Chief, Licensing and Technical Analysis Branch, Commercial Wireless Division, Wireless
• 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
  • criteria to be applied in assigning channels for use 90.625(a) in conventional systems of communications (change to allow electronic filing of information via ULS). 90.629(c), (d) Extended implementation period (change to allow 90.629(c), (d) electronic filing of information via ULS). 90.631(b), (f) Trunked system loading construction and authorization 90.631(b), (f) requirements (change to allow electronic filing of information via ULS). 90.633(e) Conventional systems loading requirements (change to 90.633(e) allow electronic filing of information via ULS). 90.645(g),(h) Permissible operations (change to allow electronic filing 90.645(g),(h) of information via ULS). 90.651(b), (c), Supplemental reports required of licenses authorized 90.651(b), (c), (d) (d) under this subpart (change to allow electronic filing of information via ULS). 90.657 Temporary permit (move to consolidated Part 1 Rule).
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992551.doc
  • the awarded frequency IS DISMISSED as moot. IT IS FURTHER ORDERED that, the award of a finder's preference to Supreme Radio Communications, Inc., for frequency 851.1375 MHz, (SMR) Station WPCN273, Sallisaw, OK, IS AFFIRMED. Federal Communications Commission William W. Kunze Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau Daniel R. Goodman, Receiver; Dr. Robert Chan Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order, FCC 95-211(rel. May 24, 1995). See Letter from William J. Kellett, Esq., Office of Operations, to Supreme Radio Communications, Inc. dated October 23, 1996 (Office of Operations Decision). Request for Finder's Preference filed November 20, 1995. Risley did not file a petition for reconsideration of the Office of Operations Decision.
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992748.doc
  • 965 (D.C. Cir., Feb. 5, 1999). Amendment of Part 90 of the Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, PR Docket No. 93-144, First Report and Order, Eighth Report and Order, and Second Further Notice of Proposed Rule Making, 11 FCC Rcd 1463 (1995) (800 MHz SMR First R&O). See 47 C.F.R. �� 90.633 and 90.629(a)(1). Amendment of Part 90 of the Commission's Rules Governing Extended Implementation Periods, Report and Order, 8 FCC Rcd 3975 (1993). 800 MHz SMR First R&O at 1526. Id. Id. 800 MHz SMR First R&O at 1525. Amendment of Part 90 of the Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, PR Docket
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992793.doc
  • 101.69. Cost Sharing First Report and Order, 11 FCC Rcd at 8869 � 88. 47 C.F.R. � 101.81. Id. Waiver Request at 4. Id. Duke Power Company at � 7 (citing Cost Sharing Report and Order, 11 FCC Rcd at 8869-70 �� 90-92). Waiver Request at 4-5. Id. Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion & Order and Order on Reconsideration, 13 FCC Rcd 21944, 21972-73 � 53 (1998). Id. at 21973 � 53; accord, e.g., Nevada Power Company, Order on Reconsideration, DA 99-2291, at � 5 (WTB PSPWD rel. October 25, 1999). Waiver Request at 5. See, e.g., Duke Power Company at � 9; Wells Rural
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99399.doc
  • Mobile Services, GN Docket No 93-252, Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, First Report and Order, Eighth Report and Order and Second Further Notice of Proposed Rulemaking, 11 FCC Rcd. 1463 (1995) (800 MHz Report and Order). 47 C.F.R. � 90.631(f) (trunked systems given one year to construct); 47 C.F.R. � 90.633(d) (conventional systems given eight months to construct). Id. Initially, the Commission granted multi-year extended implementation periods to SMR licensees by waiver when the licensees met the waiver standard by demonstrating that their proposed systems differed sufficiently from conventional systems to make normal construction standards inapplicable. See Fleet Call, Inc., Memorandum Opinion and Order, 6 FCC Rcd. 1533 (1991), recon. dismissed,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000004.doc
  • Linn, Deputy Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division to Russ Taylor of Gardner, Carton & Douglass and Albert J. Catalano of Day, Catalano & Plache, dated August 10, 1998 (Branch August 10th Letter). See Public Notice, Private Radio Bureau Announces New Policy on Signature Dismissals, Mimeo No. 10297, Oct. 24, 1990. 47 C.F.R. � 90.633 provides that channels are assigned based upon a loading criteria of 70 units per channel. Branch August 10th Letter at 2. Petition at 1. Id. Id. at 2. Id. Id. at 1. Id. at 2. Id. Letter from Matthew J. Plache of Day, Catalano & Plache, PLLC to Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000149.doc
  • However, because Repeater failed to cite to the correct rule section in its initial finder's request, as amended, we must agree with the conclusion reached by the former Office of Operations. Repeater, in its amended finder's request, alleged that Hotshot had violated Section 90.631(f) of the Commission's Rules. As stated above, Station KNHY561 was a conventional station, and therefore, Section 90.633 was the appropriate rule. However, even if we disregard this rule misstatement as de minimis, since both rule sections pertain to initial station construction and operation, Hot Shot showed adequate evidence that it was indeed licensed in 1984 and that it constructed its Station at its then authorized location at the First International Plaza. In its petition for reconsideration, Repeater
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000333.doc
  • licensee of Market 354(B)(2), while Saguache Partnership is the licensee of Market 354(B)(1). 47 C.F.R. � 22.912(b), (c). Emergency Request to Rescind Order, filed by Colorado RSA 7(B)(2) Limited Partnership on September 11, 1998 (Emergency Request). We consider this Emergency Request to be a Petition for Reconsideration. See Daniel R. Goodman, Receiver, Dr. Robert Chan Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, FCC 98-167, � 26 (July 31, 1998). In addition, the Petition for Reconsideration and Request for Referral to the Commissioners for Treatment as an Application for Review and Request for Expedited Consideration filed on Octover 5, 1998 by Colorado 7 - Saguache Limited Partnership and the Petition for
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000421.doc
  • Rural Metro that it was in violation of the Commission's Rules because it failed to place its station in operation within eight months from the date of the license grant and could not provide a commercial service to third parties for profit as a private mobile radio services licensee. On November 14, 1997, Rural Metro requested a waiver of Section 90.633 of the Commission's Rules. On February 5, 1998, the Branch effectively denied Rural Metro's request by canceling the license for Station KNNR223 for failure to construct. On February 12, 1998, the Branch deleted Station KNNR223 from the Commission's database. On March 9, 1998, Rural Metro requested reconsideration of the cancellation of its license for Station KNNR223. In the alternative, Rural
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000786.doc
  • Id. at 1. Effective November 1, 1999, the Branch granted Compton's request to extend the STA until May 1, 2000. Kay Petition for Reconsideration. 47 C.F.R. � 1.106(b). San Luis Obispo Limited Partnership, Memorandum Opinion and Order and Forfeiture Order, 11 FCC Rcd 9616, 9617 � 4 (1996). Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Order on Reconsideration, 14 FCC Rcd 20547, 20549 � 4 (1999). See also Application of MCI Communications Corp. and Southern Pacific Telecommunications Corp., Memorandum Opinion and Order, 12 FCC Rcd 7790, 7794 � 11 (1997), aff'd sub nom Microwave Acquisition Corp. v. FCC, 145 F.3d 1410 (D.C. Cir. 1998); Friends of the Earth, Inc.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001134.doc
  • (1999) (218-219 MHz Flex R&O). 63 Fed. Reg. 59656 (Nov. 3, 1999). 47 C.F.R. �� 1.949(a), 1.955(a)(1). 47 C.F.R. � 1.925(b)(3). Waiver Request at 1-2. Id. Waiver Order, 14 FCC Rcd at 5194. 218-219 MHz Flex R&O, 15 FCC Rcd at 1517 � 32. See Waiver Request at 1-2. Daniel Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633 (c) and 1.1102 of the Commission's Rules, Memorandum Opinion & Order and Order on Reconsideration, 13 FCC Rcd 21944, 21973 (1998). See Waiver Order, 14 FCC Rcd at 5190, n.3. See Medina Electric Cooperative, Inc., Order on Reconsideration, DA 99-2314, � 6 (WTB PSPWD rel. Oct. 26, 1999) (granting reinstatement of a 2 GHz license erroneously cancelled by licensee, in
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001188.doc
  • the responsibility of each licensee to renew its license prior to the license's expiration date. ULS MO&O, 14 FCC Rcd at 11155 � 21. Accordingly, ``failure of a licensee to receive a [renewal form] from the Commission is no excuse for failure to file a renewal application.'' See Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-73 � 53 (1998); accord, e.g., Nevada Power Company, Order on Reconsideration, DA 99-2291 at � 5 (WTB PSPWD rel. Oct. 25, 1999). Federal Communications Commission DA 00-1188 Federal Communications Commission DA 00-1188 � @& ~ � � � A K � � �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001415.doc
  • Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau In 1995, the Commission released the Goodman/Chan Order, which, among other things, granted certain General Category Specialized Mobile Radio licensees an additional four months to construct and commence operations of their licenses. See In the Matter of Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's rules, Memorandum Opinion and Order, 10 FCC Rcd 8537, 8545 � 20 (1995). We note that none of the Reconsideration Letters specifies the Commission order or action that it is seeking to have reconsidered. It is not certain, therefore, that the Reconsideration Letters comply with section 1.106(f)'s mandate that petitions for reconsideration be filed within
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001416.doc
  • William W. Kunze Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau In 1995, the Commission released the Goodman/Chan Order, which, among other things, granted certain General Category Specialized Mobile Radio licensees an additional four months to construct and commence operations of their licenses. See In the Matter of Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order, 10 FCC Rcd 8537, 8545 � 20 (1995) (Goodman/Chan Order). See In re 929 MHz Paging Licenses, Motions for Reconsideration of Waiver Requests of Construction Period, Order on Reconsideration, 14 FCC Rcd 9738 (CWD 1999); In re 929 and 931 MHz Paging Licenses, Motions for Reconsideration of Waiver Requests of
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001943.doc
  • Matter of Nextel Communications, Inc., Order, 13 FCC Rcd. 281 (Holding that a ``Petition for Special Relief'' filed beyond 30 days constituted a late filed petition for reconsideration and was subject to dismissal). See n. 9, supra. But see n. 14, supra. Finder's Preference Report and Order at 7305 � 49. Sections 90.155, 90.157, 90.629, 90.631 (e) or (f), and 90.633 (c) or (d) were the only sections the violation of which constituted a basis for a finder's preference request. 47 C.F.R. � 90.173(k). See also Finder's Report and Order at 7305, � 49. Finder's Report and Order at 7308, � 68. Petition at 2-4, �� 3-6. See 47 C.F.R. 90.173(k)(1994). 47 C.F.R. 90.173(k)(3)(1994). Federal Communications Commission DA 00-1943 Federal Communications
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002091.doc
  • for a New FM Commercial FM Station, For Reinstatement of Expired Construction Permit, WUMI (FM), State College, Mississippi, Memorandum Opinion and Order, 11 FCC Rcd 6198, 6170 � 7 (May 16, 1996). Tampa Electric Company, Order, 14 FCC Rcd 21344, 21348 � 9 (WTB PSPWD 1999) (Tampa Electric) (citing Daniel R. Goodman, Dr. Robert Chan, Petition for Waiver of Section 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion Order on Reconsideration, 13 FCC Rcd 21944, 21972-73 � 53 (1998) (Goodman). Tampa Electric, 14 FCC Rcd at 21349 � 9 (citing Goodman 13 FCC Rcd at 21973 � 53; accord e.g., Nevada Power Company, Order on Reconsideration, 14 FCC Rcd 17812, 17814 � 5 (WTB PSPWD 1999)). Waiver Request. 47 C.F.R.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00055.doc
  • arguments relevant to this matter and would therefore serve the public interest. Application at 2. Id. at 4. Id. Id. at 5. O'Hare Opposition at 5. See Letter from Raymond J. Prezell, Jr., Quatron, to Terry L. Fishel, Land Mobile Branch, FCC (Jan. 5, 1996) (Quatron Letter). See infra �� 19-20. See supra �� 13-14. See 47 C.F.R. �� 90.403, 90.633. We note that the applicant bears the burden of proof in requesting the Commission to overturn a coordinator's recommendation. See 47 C.F.R. � 90.175(a). We find Veracon has not provided sufficient justification to warrant such action here. Application at 4. Application at 6, Declaration of Robert R. Barcal, Veracon. Id. See Application at Exhibit 4, Letter from James Zografos, Peco
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00070.doc
  • d/b/a Portable Walkie Talkies To Go, from Michael J. Regiec on behalf of Terry L. Fishel, Federal Communications Commission (Aug. 13, 1996). See Application Number 502323, filed on May 3, 1995, requesting assignment from Nelson Brothers Trucking to Roger Dickinson d/b/a Portable Walkie Talkies to Go, to operate Station KGU261 on frequency pair 807.1125/852.1125 MHz (Assignment Application). 47 C.F.R. � 90.633 (1996). Letter from Roger Dickinson, Portable Walkie Talkies To Go, to Terry L. Fishel, Federal Communications Commission (dated May 13, 1996 and filed May 15, 1996). Id. Id. Id. The addition of the Black Mountain-Palo Alto site was subsequently granted on July 17, 1996. Letter from Terry L. Fishel, Federal Communications Commission, to Roger Dickinson, Portable Walkie Talkies To Go
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00077.doc
  • first user, is entitled to a period of eight months within which to load the channel fully before the channel is made available to other prospective systems. In support of their argument, Petitioners submitted a May 18, 1992 letter regarding another proceeding from a former Chief of the Branch to Motorola regarding 800/900 MHz conventional systems and provisions of Section 90.633 of the Commission's Rules. Petitioners indicate that the 1992 Letter states that ``[c]ommunity repeater systems and SMR systems when authorized as the first system on a channel are permitted eight months from the date of grant of the channel in the area to load it before it is available to other prospective systems.'' Petitioners also state that, prior to the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00235.doc
  • Commission. (b) A local government entity in the Public Safety Pool, applying for any frequency in this part, may also seek extended implementation authorization pursuant to � 90.629. (c) For purposes of this section, a base station is not considered to be placed in operation unless at least one associated mobile station is also placed in operation. See also �� 90.633(d) and 90.631(f). (d) Multilateration LMS systems authorized in accordance with � 90.353 must be constructed and placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. MTA-licensed multilateration LMS systems will be considered constructed and placed in operation if such systems construct a sufficient number of
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00298.doc
  • for slow growth implementation). Four out of the five cases involve the same finder re-filing its original request after the first filing was dismissed as defective. Under the Commission's Rules, a license for a station cancels automatically upon failure to construct or permanent discontinuance of operation for a period of one year or more. See 47 C.F.R. �� 90.157, 90.631, 90.633. Following a dispositive award to a first-filed finder, any finders, including Radio Team, that filed subsequent requests for the same station were informed of the license cancellation and the award to the first filed finder. See e.g., Letter to James Bishop, Progressive Communications, Inc., from William H. Kellet, Office of Operations, Federal Communications Commission (dated May 1, 1996); Letter to
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99417.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99417.txt
  • A. Haller, Chief, Private Radio Bureau, to David E. Weisman, Meyer, Faller Weisman and Rosenberg, 8 FCC Rcd. 143 (dated Dec. 23, 1992) (Weisman Letter). Conventional SMR systems were required by the Commission's rules to be constructed and operating within eight months of license grant and trunked SMR systems were subject to a twelve-month construction period. 47 C.F.R. �� 90.631(f), 90.633(d). Weisman Letter, 8 FCC Rcd. at 143. Implementation of Sections 3(n) and 332 of the Communications Act, GN Docket No. 93-252, Regulatory Treatment of Mobile Services, Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, PR Docket No. 93-144, Amendment of Parts 2 and 90 of the Commission's
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001171.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001171.txt
  • either side of the rights-of-way of all operating rail lines in the United States. PTC, once called an Advanced Train Control System (ATCS), operates on six Industrial/Land Transportation frequency pairs in the 900 MHz band and is designed to prevent train collisions, high speed accidents, or incursions into locations reserved for roadway workers. See Waiver of Sections 90.621(d), 90.623(a), 90.629, 90.633, and 90.651(c) of the Commission's Rules to License Use of Six Conventional 900 MHz Frequency Pairs for an Advanced Train Control System, 3 FCC Rcd 427, 427 �� 1-6 (1988). If this petition for a single geographic license is granted, AAR plans to issue sub-licenses to the individual railroads who use ATCS/PTC while it maintains a computerized database of all
• http://www.fcc.gov/eb/Orders/2007/FCC-07-125A1.html
  • III, Attorney at Law, to Dana Leavitt, Special Counsel, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, dated January 25, 2007, at 1, 13, 16 ("Second LOI Response"). Charles Guskey, a former business colleague of Bishop, served as an outside accountant to Continental Wireless Cable Television, Inc. Daniel R. Goodman, Receiver; Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order and Order on Reconsideration, 13 FCC Rcd 21944 (1998); pet. for review denied, Daniel Goodman v. FCC, 182 F.3d 987 (D.C. Cir. 1999). See Applications of Preferred Communication Systems, Inc., Order, 14 FCC Rcd 20,648 (WTB 1999). See Preferred Acquisitions Inc., FCC Form 175, dated July 17, 2000, at Exhibit
• http://www.fcc.gov/eb/Public_Notices/da01102.doc http://www.fcc.gov/eb/Public_Notices/da01102.html
  • New York, NY District Office (12/6/00). Scarborough Fire District, KAW-593, Briarcliff Manor, NY. New York, NY District Office (12/6/00). 47 C.F.R. � 90.425 - Station Identification New Enricos Car Service, Astoria, NY. New York, NY District Office (12/11/00). 47 C.F.R. � 90.449 - Answers to Official Communications and Notices of Violation Carol Allen, Salisbury, MD, WPGR345. Other violation: 47 C.F.R. �90.633 (Conventional Systems Loading Requirements). Columbia, MD District Office (12/12/00). David M. Allen, Salisbury, MD, WPGR344. Other violation: 47 C.F.R. � 90.633 (Conventional Systems Loading Requirements). Columbia. MD District Office (12/12/00). 47 C.F.R. � 90.633 - Conventional Systems Loading Requirements Don Allen, Salisbury, MD, WPHA764. Columbia, MD District Office (12/12/00). Eugene M. Allen, Salisbury, MD, WPHA905. Columbia, MD District Office (12/12/00).
• http://www.fcc.gov/ogc/documents/opinions/1997/keller.html http://www.fcc.gov/ogc/documents/opinions/1997/keller.wp
  • trunked systems have multiple channels for use as a "trunk group." See 47 C.F.R. 90.7 (1996). Because computers assign calls to the next available channel on trunked systems, more than one party can communicate at a time. Under Commission rules, conventional channel licensees must share their channels, but trunked system licensees enjoy exclusive use of their channels. See id. 90.631(b), 90.633(b). By late 1992, Lewisville had grown concerned that its public safety radio system was overloaded. At the same time, its neighboring town, Flower Mound, worried that its conventional safety communications system had become inadequate. To solve both their problems, the two towns agreed that Lewisville would add Flower Mound's conventional channel to its trunked system and then, with its newly
• http://www.fcc.gov/ogc/documents/opinions/2004/02-1175-091704.pdf
  • U.S.C. � 308(b)..........................................................................................................3, 5 47 U.S.C. � 310(d)............................................................................................................10 47 U.S.C. � 402(a)..........................................................................................................1, 2 47 U.S.C. � 402(b)(1).........................................................................................................2 47 U.S.C. � 402(b)(1)(2).....................................................................................................1 47 U.S.C. � 402(b)(5).........................................................................................................1 47 C.F.R. � 0.459................................................................................................................7 47 C.F.R. � 90.1, et seq.......................................................................................................4 Page v 47 C.F.R. � 90.313 (1994)..................................................................................................4 47 C.F.R. � 90.623 (1994)..................................................................................................4 47 C.F.R. � 90.627 (1994)..................................................................................................4 47 C.F.R. � 90.631 (1994)..................................................................................................4 47 C.F.R. � 90.633 (1994)..................................................................................................4 Others FRAP 15(a)(2)(B)...............................................................................................................2 * Cases and other authorities principally relied upon are marked with asterisks. GLOSSARY vi Act The Communications Act of 1934, as amended ALJ Administrative Law Judge Bureau Wireless Telecommunications Bureau or Enforcement Bureau Management Agreement stations Stations subject to the Kay/Sobel Management Agreement Kay . James A. Kay, Jr. Sobel Marc D. Sobel SMR Specialized Mobile
• http://www.fcc.gov/ogc/documents/opinions/2005/04-1014-011105.pdf
  • channel assignment in the 220-222 MHz, 470- 512 MHz, and 800/900 MHz bands by submitting information that ultimately leads to the recovery of frequencies in these bands. Recovery of such frequencies will come about as a result of information provided regarding the failure of existing licensees to comply with various provisions of [sections] 90.155, 90.157, 90.629, 90.631(e) or (f), or 90.633(c) or (d). 3 2 The version of section 90.157 in force at the time provided that "any station which has not operated for [one] year or more is considered to have been permanently discontinued," 47 C.F.R. � 90.157(b) (1992 version), and that a station's license "shall cancel automatically upon permanent discontinuance of operations." Id. � 90.157(a). 3 An SMR system-consisting