EWA Files Opposition to ESMR License Renewal Waiver Request
Tuesday, July 10, 2018 | Comments

The Enterprise Wireless Alliance (EWA) filed an informal objection to a waiver request filed by License Acquisitions that seeks reinstatement of four enhanced SMR (ESMR) licenses in the 800 MHz band that License Acquisitions failed to renew on time.

License Applications failed to file timely renewal application despite reminders sent by the FCC to an address provided by the company. In its waiver request, License Acquisitions said it failed to renew because it entered conflicting address information into the FCC’s database and so did not receive the notices. It also said it was confused because the expiration date of the four licenses is different from that of its seven other license authorizations.

EWA said in its objection that an inability to keep track of contact information or manage license renewal dates has not been considered justification for reinstating licenses in other instances and should not be in this case.

EWA cited several decisions in which the FCC had rejected license reinstatement requests from 800 MHz licensees and even licensees that acquired spectrum at auction when they missed their filing deadlines.

Like License Acquisitions, the 800 MHz licensees claimed confusion about the renewal requirements for licenses affected by rebanding, an argument that the FCC found unpersuasive.

EWA also noted that the licenses in the cases cited were required to discontinue service to their customers, which will not be an issue for License Acquisitions as it has not placed its 11 licenses into service in the eight years since it acquired them because of the ongoing FCC rebanding process.

EWA also noted that License Acquisitions is part of what it called a “web of intertwined entities” including M2M Spectrum Networks, Smartcomm, Spectrum Acquisitions Group, Spectrum Networks Group and members of the Downs family, all of which are identified as disclosable interest holders in License Acquisition’s FCC ownership report and most of which currently hold or have held FCC licenses.

EWA urged the FCC to deny the waiver request and hold License Acquisitions to “the highest standard of knowledge with regard to their licensing requirements.”

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