New Jersey Township’s Request for Extension Denied by FCC
Friday, November 16, 2018 | Comments

The FCC denied a request filed by Mount Olive Township, New Jersey, to accept its untimely request for an extension of time to construct certain VHF facilities licensed under the township’s conventional public-safety pool call sign WQEA454.

The construction deadline for the VHF frequencies was Sept. 6, 2017, and Mount Olive’s request for a time extension was dismissed on Sept. 13, 2017 because the township did not submit the request before the construction deadline expired.

On Sept. 19, Mount Olive filed a second extension request and asked for a waiver of the commission’s rules. The township argued that a contract dispute with a vendor was outside of Mount Olive’s control and led to construction delays.

Mount Olive said that its vendor notified it on Sept. 28, 2016 that it could not complete the project as originally bid. The township then terminated its contract with that vendor on June 27, 2017. Mount Olive then solicited bids for new vendors in July and August 2017 and awarded a new contract on Sept. 1, 2017, five days before the construction deadline.

The FCC found no basis for extending the construction deadline or waiving automatic cancellation of frequencies authorized under the call sign. The FCC determined that once the original vendor defaulted, Mount Olive could have requested an extension of time up and through the time it awarded a new vendor a contract.

If Mount Olive wishes to operate the terminated facilities, it must file a properly frequency-coordinated application to reauthorize the facilities. And if it needs to operate while its application is being prepared and coordinated, it may file a request for special temporary authority.

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