Subject: [NEXTEL-1] WTB=SEEKS COMMENT ON WARREN C. HAVENS REQUEST TO EXTEND CONSTRUCTION DEADLINE FOR CERTAIN VHF PUBLIC COAST STATION GEOGRAPHIC AREA LICENSES

From: [email-masked]
Date: Wed, 11 Feb 2004 17:35:10 -0500

DA 04-327

Released: February 10, 2004

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON
WARREN C. HAVENS REQUEST TO EXTEND CONSTRUCTION DEADLINE FOR CERTAIN
VHF PUBLIC COAST STATION GEOGRAPHIC AREA LICENSES

Comment Date:  February 24, 2004      Reply Date:  March 5, 2004

On February 2, 2004, Warren C. Havens (Havens) requested  a waiver and two-year
extension of the five-year construction requirement for thirteen VHF public
coast (VPC) geographic areas.    Geographic VPC licensees must demonstrate that
they are providing substantial service within five years of the initial license
grant, and again within ten years of the initial license grant.   For the VPC
areas at issue, the Commission has stated that the five-year substantial service
requirement can be satisfied by coverage to at least one-third of population.
The licenses at issue were granted on May 19, 1999, so Havens’s five-year
construction date is May 19, 2004.

Haven states that he has contracted with Tait Radio Communications to provide
innovative new “software defined radios” that will accommodate multiple
open-standard digital over-the-air protocols and multiple frequency bands.
Havens argues that this equipment will provide major technical and economic
advantages over other equipment that is available for use in the VPC band, and
will greatly facilitate the use of VPC licenses for wide-area private land
mobile radio (PMRS) systems.   He states that the new equipment will not be
commercially available until the third quarter of 2005.  Therefore, Havens
requests a new deadline of May 19, 2006.  Havens also states that he plans to
permit the National Interagency Fire Center, a federal entity which coordinates
responses to major fires and other emergencies in the United States, to use his
VPC frequencies until he commences operations.

Interested parties may file comments on the subject request on or before
February 24, 2004.  Parties interested in submitting reply comments must do so
on or before March 5, 2004.  All comments should reference the subject request,
including the DA number of the Public Notice, and should be filed with the
Office of the Secretary, Federal Communications Commission, 445 Twelfth Street,
S.W., Room TW-A325, Washington, D.C. 20554.   A copy of each filing should be
sent to 1) Qualex International, Inc., Portals II, 445 12th Street, S.W., Room
CY-B402, Washington, D.C. 20554; (2) Maria Ringold, Federal Communications
Commission, Consumer and Governmental Affairs Bureau, Reference Information
Center, 445 12th Street, S.W., Room CY-B529, Washington, D.C. 20554; and 3) Scot
Stone, Public Safety and Private Wireless Division, Wireless Telecommunications
Bureau, 445 12th Street, S.W., Room 4-C337, Washington, D.C. 20554, (202)
418-7308 or via e-mail to [email-masked].

Havens’s applications and waiver requests can be accessed electronically via the
Commission’s Universal Licensing System, http://wireless.fcc.gov/uls.  In
addition, the full text of the request, comments and reply comments will be
available for inspection and duplication during regular business hours in the
Reference Information Center (RIC) of the Consumer Information Bureau (CIB),
Federal Communications Commission, 445 12th Street, S.W., Room CY-A257,
Washington, D.C. 20554.  Copies may also be obtained from the Commission’s
duplicating contractor, Qualex International, Inc., Portals II, 445 12th Street,
S.W., Room CY-B402, Washington, D.C. 20554, (202) 863-2893, facsimile (202)
863-2898, or via e-mail [email-masked].  For further information regarding
the public reference file for this request, contact Maria Ringold, Chief,
Wireless Branch, RIC, (202) 418-1355.

Because of the policy implications and potential impact of this proceeding on
persons not parties to this request, we believe it would be in the public
interest to treat this matter as a permit-but-disclose proceeding under the ex
parte rules, see Sections 1.1200(a) and 1.1206 of the Commission’s Rules, 47
C.F.R. §§ 1.1200(a), 1.1206, rather than a restricted proceeding under Section
1.1208 of the Commission’s Rules, 47 C.F.R. § 1.1208.  Therefore, any ex parte
presentations that are made with respect to the issues involved in the subject
request, subsequent to the release of this Public Notice, will be allowed but
must be disclosed in accordance with the requirements of Section 1.1206(b) of
the Commission’s Rules, 47 C.F.R. § 1.1206(b).

For further information, contact Mr. Scot Stone of the Wireless
Telecommunications Bureau, Public Safety and Critical Infrastructure Division at
(202) 418-0638, TTY (202) 418-7233, or via e-mail to [email-masked].

By the Chief, Public Safety and Critical Infrastructure Division, Wireless
Telecommunications Bureau.
- FCC -

 http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-327A1.doc

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