Subject: [NEXTEL-1] FCC - Licenses Cancelled as a Result of the Spectrum Audit

From: NEXTEL-1
Date: Wed, 23 Jun 2004 04:29:17 -0400

PUBLIC NOTICE
Federal Communications Commission
445 12th St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov

TTY: 1-888-835-5322
DA 04-1553

June 8, 2004

Wireless Telecommunications Bureau Lists Private Land Mobile
Licenses Cancelled as a Result of the Spectrum Audit

By this Public Notice, the Wireless Telecommunications Bureau (Bureau)
informs the public of the
call signs of licenses that have cancelled automatically as a result of
their construction and operational
status. Such cancellation was discovered as a result of the Private Land
Mobile Radio (PLMR)
Spectrum Audit conducted by the Bureau.

Since August 2001, the Bureau has been conducting an audit of the
construction and operational status
of certain PLMR stations, involving approximately 420,000 call signs. As
part of the audit, the Bureau
sent letters to licensees inquiring about the construction and
operational status of the subject call signs.
The audit includes most PLMR Stations (radio services IG, YG, PW, YW)1
licensed on frequencies
below 512 MHz that are subject to frequency coordination and rule-based
construction and operational
requirements.2 Part 90 of the Commission’s Rules governing PLMR
facilities requires construction
within a specified time and requires that stations remain operational in
order for the FCC license to
remain valid. Specifically, when a licensee fails to construct its
authorized PLMR facilities within the
requisite construction period or discontinues operation for a
consecutive period of one year, the license
cancels automatically and the licensee is required to notify the FCC.

As part of the final phase of the PLMR Spectrum Audit, the Bureau
announced in two Public
Notices earlier this year how it intended to handle both audit letters
that were returned to the
Commission as undeliverable and audit letters that were delivered but
for which no response has
been received by the Commission.4 Specifically, the FCC stated in these
Public Notices that a

1 IG – Industrial/Business Pool, Private, Conventional; YG -
Industrial/Business Pool, Private,
Trunked; PW – Public Safety Pool, Conventional; YW – Public Safety Pool,
Trunked.
2 See 47 C.F.R. §§ 90.155, 90.157.
3 Id.
4 See Wireless Telecommunications Bureau Announces Final Phase of the
Private Land Mobile

Radio Station Construction and Operational Status Audit, Public Notice,
DA 04-289, concerning no response cases and Wireless Telecommunications
Bureau Announces Disposition of Call Signs which were Undeliverable in
the Private Land Mobile Radio Station Construction and failure to
respond within the specified time frame would result in the licenses in
question being deemed to have cancelled automatically. In regard to
those licensees who have not responded to the audit, the Bureau stated
that on February 27, 2004, it would send out a third and final letter.
Licensees were given until March 31, 2004, to provide a response. In the
case of undeliverable letters, the Bureau stated licensees had 30 days
from publication of the Public Notice in the Federal Register to respond
to avoid a presumption that the licenses have cancelled automatically.5
The Bureau has not received a valid response within the specified time
frame to any of the audit letters for the station licenses (call signs)
that are set forth in Appendix A.6 Consequently, these station licenses
have been deemed to have cancelled automatically pursuant to 47 C.F.R. §
90.155(a) or § 90.157 of the Commission’s Rules as of the deadlines
established in the February 9th Public Notices. Action will be taken in
the Universal Licensing System (ULS) to reflect the termination of these
licenses. Once a license has been placed in terminated status in ULS,
applicants may apply for frequency coordination and file an application
with the Commission.  For additional information on the PLMR spectrum
Audit, please visit the PLMR audit web site at
http://wireless.fcc.gov/licensing/audits/plmrs or call 1-888-225-5322
and select option 2.  Action by Chief, Public Safety and Critical
Infrastructure Division, Wireless Telecommunications Bureau.

- FCC -

Operational Status Audit, Public Notice, DA 04-290 concerning
undeliverable letters, both released February 9, 2004.

5 See 69 Fed. Reg. 8415 (2004).
6 The list of call signs attached also includes some where, in response
to the third audit letter, the
licensee asked that the station license be cancelled.