Subject: [NEXTEL-1] FCC Part 90 deadline looms

From: Marcelrf <[email-masked]>
Date: Fri, 12 Mar 2004 18:43:19 -0500

MRT:

FCC Part 90 deadline looms

March 12, 2004 

Some Part 90 license holders who have yet to comply with a Federal
Communications Commission construction audit will lose their licenses at
the end of the month. However, the FCC has a process in place for
licensees to appeal a revocation.

The FCC has been conducting an audit of Part 90 licenses below 800 MHz
since August 2001. The Commission sent two separate letters to 267,000
licensees representing 420,000 call signs, requiring licensees to
respond with construction information. As of February of this year,
licensees representing 15,491 of the call signs had yet to respond. On
February 9, 2004, the FCC issued two public notices. The first discussed
the disposition of the licenses for 2,300 call signs for which the
construction audit letters were returned as undeliverable. For these
call signs, the FCC announced that it would delete the call signs from
the Universal Licensing System if no response has been received by the
end of March 2004.

The second public notice dealt with the balance of the call signs, for
which audit letters were not returned as undeliverable. For these call
signs, the FCC announced it would send a third audit letter, and
licensees have until the end of March 2004 to respond or their call
signs would be cancelled.

Even if you responded to the audit letters, it’s a good idea to check
the FCC’s web site to see if your response was received. This is
especially important if your response was prepared or filed by a
third-party application preparation firm. If the third party did not
file, or incorrectly filed your response, you will still be faced with
license cancellation, with an extremely uphill battle to have the
license reinstated. Whenever you file an important document with the
FCC, regardless of whether you file a hard copy or electronically, you
should obtain and keep a confirmation receipt of the filing. Every
licensee should visit the FCC’s web site and ensure that the database
accurately reflects your construction status. Use this link for the
audit: http://wireless.fcc.gov/licensing/audits/plmrs.

There are several frequency coordinators and application preparation
firms that are preparing interactive, searchable databases for which you
can determine what licenses in your area have been cancelled. This can
give you a heads-up on potential available spectrum in your area.

Once the deadline has passed, and your license is cancelled, the FCC’s
rules provide that you may file a Petition for Reconsideration within
thirty (30) days of the action. However, after the reconsideration
period has lapsed, it will be extremely difficult to have a license
reinstated. In an analogous situation, the FCC has been very reluctant
to reinstate a license when the licensee failed to file a timely renewal
application, and requested reinstatement more than thirty days after the
license’s expiration date. Generally, this has been done only for
public-safety entities, and even then there is the possibility of a fine
for unlicensed operation for the time frame after license expiration.

 http://iwce-mrt.com/ar/radio_fcc_part_deadline/index.htm

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