Subject: [NEXTEL-1] FCC clarifies PLMR license renewal only process

From: Marcel <[email-masked]>
Date: Mon, 16 Jun 2003 17:51:15 -0400

June 16, 2003

Wireless Telecommunications Bureau
 Clarifies Private Land Mobile Radio License
 Renewal Only Process

June 16, 2003

Private Land Mobile Radio (PLMR) licenses are granted for a specific
period of time.   Licensees must file a renewal application with the
Commission prior to license expiration to continue to operate under
their licenses after the specified expiration date.  It is very
important that licensees follow the correct procedure in renewing their
licenses.  Otherwise, they risk losing the license(s).

To assist PLMR licensees in renewing their licenses, the Wireless
Telecommunications Bureau (Bureau) sends out a renewal notice
approximately ninety days before the license expiration date to remind
licensees of the pending expiration.  This renewal reminder, however, is
merely a courtesy and non-receipt of this notice by the licensee is not
sufficient justification for the licensee’s failure to file a timely
renewal application with the Commission.

Under the Commission’s licensing procedures, licensees are fully
responsible for knowing the term of their licenses and for filing a
timely renewal application.   Even licensees engaged in public safety
activities are expected to comply with the renewal filing requirements.
  
It has come to our attention that there is some confusion among PLMR
licensees regarding license renewal.  Accordingly, the Bureau has taken
several steps to minimize this confusion.  First, it has modified the
renewal reminder notice in an effort to make it clearer which FCC Form
needs to be submitted for renewal purposes.  Second, the Bureau has
modified the manual filing instructions on the Commission’s Universal
Licensing System (ULS) web page to make it easier for licensees to
understand how to renew a PLMR license manually.  Finally, in the
paragraphs below, the Bureau outlines the specific procedures governing
the PLMR renewal process for manually-filed applications.  
Specifically, this public notice discusses such topics as when and where
to file renewal applications, defects that will result in the dismissal
of a renewal application (fatal defects), and what to do in the event a
licensee fails to timely file a renewal.  We anticipate that these
actions will facilitate ease and familiarity of the PLMR license renewal
process for FCC customers.

Manual Renewal Only Process

When to File (i.e., Filing Window).  An application to renew a PLMR
license must be properly filed with the Commission no later than the
expiration date of the authorization and no sooner than ninety days
prior to the expiration.
   
Renewal Form.

For manually-filed PLMR license renewal applications (paper filings by
mail), entities must use FCC Form 601.  The form is available at
http://www.fcc.gov/formpage.html or by calling our toll free forms
number (1-800-418-3676).  To file a “Renewal Only” application (i.e., an
application only requesting renewal of a PLMR authorization) for a
single call sign, applicants only need to file the FCC Form 601 – Main
Form.  If renewing multiple call signs, applicants must also file the
FCC Form 601 – Schedule A.  The fields on the FCC Form 601 that an
applicant must complete for paper filing by mail are listed on an
attachment to this Public Notice.   If assistance is needed to complete
the FCC Form 601, entities may call the ULS/Auctions Hotline at
1-888-225-5322, select option 2.

Fees

Use FCC Form 1070M to determine the appropriate fee information.  If a
fee is required, applicants must complete FCC Form 159 with the
appropriate payment code.  These two forms can be obtained at
http:/www.fcc.gov/formpage.html or by calling our toll free forms number
(1-800-418-3676).  PLMR eligibles filing as governmental entities are
exempt from fee payment.  Also, certain non-profit entities are eligible
for a partial fee exemption.  If you are uncertain if you qualify,
please refer to the Wireless Telecommunications Bureau Fee Filing Guide
available at http://www.fcc.gov/fees/appfees.html or call the FCC’s
Consumer Center at 1-888-225-5322, select option 2.

Where to File

Non-feeable applications should be sent to the following address:
   Federal Communications Commission
   1270 Fairfield Road
   Gettysburg, PA  17325-7245

Feeable applications (along with a completed FCC Form 159 and applicable
fee) should be sent to the following address:
   Federal Communications Commission
   Wireless Bureau Applications
   P.O. Box 358245
   Pittsburgh, PA  15251-5245

Fatal Defects

Applications with one or more of the defects listed below will be
dismissed by the Bureau as defective, rather than returned to the
applicant for correction.  Consequently, these defects are fatal to the
consideration of a PLMR renewal application.
  
-- Applicant files on the wrong FCC Form
-- Applicant fails to sign the application form
-- Applicant fails to pay the correct filing fee
-- Application is filed after expiration and does not include a waiver
request
-- Application does not include the proper FCC Registration Number (FRN)
 
Applicants should be aware that applications that are dismissed as
defective and subsequently refiled are considered newly-filed
applications (i.e., the application loses its original place in the
processing line).  As newly-filed renewal applications, they may be
deemed untimely with respect to the filing window for renewal
applications.  In addition, these refiled applications must be
accompanied by a new filing fee if a fee was originally required.  
Therefore, it is very important that manually-filed renewal applications
are properly filed the first time.

Renewal Applications Filed Outside the Filing Window

Renewal applications filed with the Commission sooner than ninety days
prior to license expiration and not requesting a waiver will be
dismissed.  Renewal applications that are late-filed (up to, and
including thirty days after expiration) will be granted nunc pro tunc 
if the application is otherwise sufficient under the rules and is
accompanied by a request for waiver, but the licensee may be subject to
an enforcement action for unauthorized operation during this time frame
(e.g., operation during the time between the expiration of the license
and a Commission action authorizing operation).   PLMR applicants who
file renewal-only applications more than thirty days after the license
expiration date may also request that the license be renewed nunc pro
tunc, but such requests will not be routinely granted, will be subject
to stricter review, and also may be accompanied by enforcement action,
including more significant fines or forfeitures.  Requests to grant a
late-filed application (more than 30 days after expiration) also must be
accompanied by a request for a waiver of the Commission’s Rules.   In
determining whether to grant a late-filed renewal application and
associated waiver, the Bureau will consider 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.   It is up to the applicant to provide sufficient
justification for grant of the late-filed renewal.  [Note:  The Bureau
will not routinely grant waiver requests solely because the applicant is
engaged in public safety activities.]
FCC Registration Number (FRN).  Anyone doing business with the
Commission must obtain an FRN.  In order to file a renewal application,
applicants must provide the correct FRN information on the
application.   In order to ascertain the FRN associated with the call
sign(s) to be renewed, the licensee can query the call signs using ULS
at http://wireless.fcc.gov/uls/.  If an FRN is associated with the call
sign(s) it will be displayed on the Query Results Screen.  If there is
no FRN listed for the call sign(s) in question, then the licensee must
register for an FRN and associate it with the call sign(s) of the
station(s) being renewed.  Entities may obtain an FRN by completing a
FCC Form 160  or file online at http://wireless.fcc.gov/uls/ by
selecting “Register CORES/Call Sign.”  Since improper FRN information on
a PLMR renewal application is a fatal defect, applicants are encouraged
to verify this information prior to filing.  Also, to assist in FRN
registration the Commission provides additional information at
http://svartifoss2.fcc.gov/cores/CoresHome.html under Frequently Asked
Questions.

Operation After Scheduled License Expiration

A licensee may continue to operate its station(s) under its existing
authorization(s) provided the licensee has a properly filed renewal
application for that station on file with the Commission on or before
the scheduled date for license expiration.  It should be noted that such
continued operation is authorized even if the renewal application has
been returned by Commission staff for correction.  Licensees, however,
may not operate under an expired authorization if the renewal
application was filed after the license expiration date or if the
renewal application was filed prior to expiration but was later
dismissed by the Commission.  In either of these two instances, if the
licensee wants to continue to operate, it must file for and obtain a
Special Temporary Authority (STA) from the Commission.   Absent grant of
a STA, the entity is no longer authorized to operate on the subject
frequencies.  Moreover, continued operation under either of these
circumstances would be violative of the Commission’s Rules and the
Communications Act of 1934, as amended.  Applicants can apply for an STA
interactively or manually.   To file interactively, see
http://wireless.fcc.gov/uls/ and select online filing.  To file
manually, entities must submit FCC Form 601 (main form) with the
appropriate schedule(s) for the radio service in which they are
licensed, plus any attachments that are required.  For STA applications,
the purpose of the filing (field 2 on the FCC Form 601) would be new
(NE).  

For Further Information or Assistance

For more information concerning the PLMR renewal process, you may
contact the Licensing and Technical Analysis Branch at (717) 338-2646. 
For general information about the ULS, including answers to frequently
asked questions regarding submitting applications, finding the status of
pending applications, and searching the ULS database, the Commission
recommends first consulting the ULS web page at
http://wireless.fcc.gov/uls.  Also, applicants may contact ULS/Auctions
Hotline at 1-888-CALLFCC (225-5322), choose option #2 or (717) 338-2888
for questions about application matters.  E-mail questions may be sent
to [email-masked].

Action by Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau
 
Attachment A

Instructions for Manually Renewing a PLMR License

The following items (fields) must be properly completed on the FCC Form
601 (Main Form) in order to renew a PLMR license.  To renew multiple
call signs, applicants must also complete Schedule A (i.e., list the
call signs of all the stations being renewed).  The following
instructions are for “Renew Only” applications.
Main Form

1) Radio Service Code – see page 7 of the FCC 601 Main Form instructions
for appropriate radio service code.
2) Application Purpose – select “RO”.  
5) Enter call sign of the license being renewed.  If renewing more than
one license (call sign), then use Schedule A to list other call signs.
10) Complete items 10a and 10c and, if appropriate, 10b.
12 or 13)  Complete the appropriate field, either 12 or 13.
38)  Subject to application fees – answer yes or no.
39)  Subject to regulatory fees – answer yes or no.
51)  Enter name of party authorized to sign.
52)  Enter title of party and sign application.
53)  Enter date signed.

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1974A1.doc

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